Certificate IV of Government (Human Resources)

Advanced Diploma of Government Session 1

Welcome

1Before we startEmergency proceduresFacilitiesKeep safe and comfortableMobile phonesMove

Ski2Overview of todayProgram outlineeLearn familiarisationYour co-travellersThe legislative environmentThe ethical public servantSkiSo what have you signed up to?Program structureAttendance requirementsAssessment requirementsAppeal and review provisionsSupport arrangementsResources

SkiA quick tour of eLearn

https://elearn.cit.edu.au/CIT/

SkiYour co-travellersWhos on this journey with you?NameCurrent roleLength of time in APSWhats your destination?

SkiLearning outcomes for todayBy the end of todays session you will be able to:Identify elements in the Australian government frameworkList key legislation, policies and guidelines that apply to employment arrangements in the APSIdentify factors that may lead to non-complianceApply decision-making frameworks to resolve ethical challenges

SkiMorning tea

SkiWestminster SystemThe essential features of the system are:The Government is chosen by the democratically elected lower house. The government requires the continuing support of a majority of members of that chamber to stay in office.The head of government is the Prime Minister, who leads a Cabinet which is responsible to the lower house.An Opposition is led by the leader of the party or parties with the second largest number of seats in the lower house.A constitutional monarch, if one exists, who is above politics and acts on the advice of the prime minister.A career public service which impartially serves the government of the day.The armed services are outside of politics and act on the instructions of the government.The rule of law prevails, with an independent judiciary, subject to the Constitution.

SkiLevels of GovernmentThree levels of Government:Federal powers in Section 51 and 52 of the Constitution including defence, immigration, foreign affairs, tradeState health, education, transport, etcLocal service delivery

Separation of PowersParliament or LegislatureMakes and amends laws

Executive Prime Minister and MinistersPuts law into action

JudiciaryHigh Court and Federal CourtsMake judgments aboutthe law

ParliamentThree main functions:LegislationRepresentationScrutinyStatute & Common LawStatute Law:Passed through Parliament

State & Federal Parliaments have the power to pass law relevant to their constitutional powers.Common Law:Based on legal precedent

Set by superior courts Supreme Courts in each State and the High Court and Federal Court.

CIT Solutions Pty Ltd 2014 CIT Solutions Pty Ltd 2014Pair activityList at least 10 pieces of legislation that apply to you as a Commonwealth public servantUse a separate post-it note for each pieceYou have 3 minutes

SkiScrutiny, accountability and transparency in governmentParliamentary-basedLegislationProceduresExternal

CIT Solutions Pty Ltd 2015This happened in AustraliaClaims about MPs claiming allowances for personal expenses have long been a staple of tabloid journalism, causing red faces and even ending ministerial careers.

But the latest spat over claims for expenses for everything from weddings to fun rides by a host of MPs including Prime Minister Tony Abbotthas acquired a slightly more serious tone by two recent cases.

Mark Ludlow and Mathew Dunckley Financial Review 8 October 2013

Small group activityWhy might politicians abuse power?Identify 3 abuses, or perceived abuses, of power or positionList 3 actions to reduce the risk of similar abuses, or perceived abuses, occurring in the futureSkiRecordkeeping as an accountability toolAll information created, sent and received in the course of your job is potentially a record.

Records provide evidence of your agency's business and need to be managed.

Everyone who works for the Australian Government is responsible for managing records.

SkiIdentifying Recordsemailstweets/text messagesspreadsheetsdatabasesmaps and plansgeological samples and objectsinformation in business systemsart worksmenusa draft of a report

web sitesminutesa message left on voicemailrockspolicy and briefing papersphotographsresearch datasocial media siteslettersclothestelephone conversations

Which of the following are considered work related records and which are not:SkiABC News 17 April 2014Premier Barry O'Farrell says he will resign owing to a "massive memory fail" when giving evidence ICAC on Tuesday.Mr O'Farrell denied receiving a $3,000 bottle of wine in 2011 from Australian Water Holdings (AWH) executive Nick Di Girolamo.The Premier also said he had no recollection of a 28-second call made from his phone to Mr Di Girolamo around the time he was allegedly sent the wine.On Wednesday morning, ICAC heard that a handwritten note from Mr O'Farrell, thanking Mr Di Girolamo for the wine, had been uncovered.Soon after Mr O'Farrell called a media conference in which he announced his decision to step down.

SkiLegislative FrameworkThe Archives Act 1983 guides management of Commonwealth records. The Freedom of Information Act 1982 (FOI Act) provides a legally enforceable right of access to government documents by individuals.The Privacy Act 1988 (Privacy Act) regulates handling of personal information about individuals. 13 Australian Privacy Principles govern personal information in the Commonwealth.

SkiLunch

SkiWorking EthicallyPS Act, including Values, Employment Principles and Code of ConductBreachesEthical Decision MakingYour role in managing compliance

Public Service Act 1999Public Service Act 1999The principal Act governing the establishment and operation of, and employment in, the Australian Public Service (APS).

Public Service Regulations 1999The purpose of the Regulations is to make necessary or appropriate provisions in relation to a range of matters for the purpose of giving effect to the provisions of the Act.

Australian Public Service Commissioner's Directions 2013Issued by the APS Commissioner (the Commissioner) in accordance with the power provided at section 42 of the Act. They cover matters relating to the APS Values, recruitment and selection, workplace diversity, performance management, safe workplaces, the Code of Conduct and delegation by the Commissioner and by APS agency heads.

Public Service Classification Rules 2000Establishes the general service wide levels of APS employees, regardless of the operation of agency classifications arranged through Certified Agreements.

SkiAPS ValuesImpartial: The APS is apolitical and provides the Government with advice that is frank, honest, timely and based on the best available evidence.Committed to service: The APS is professional, objective, innovative and efficient, and works collaboratively to achieve the best results for the Australian community and the Government.Accountable: The APS is open and accountable to the Australian community under the law and within the framework of Ministerial responsibility.Respectful: The APS respects all people, including their rights and their heritage.Ethical: The APS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does.

SkiAPS Employment PrinciplesThe Principles state that the APS is a career-based public service that:makes fair employment decisions with a fair system of reviewrecognises that the usual basis for engagement is as an ongoing APS employeemakes decisions relating to engagement and promotion that are based on meritrequires effective performance from each employeeprovides flexible, safe and rewarding workplaces where communication, consultation, cooperation and input from employees on matters that affect their workplaces are valued;provides workplaces that are free from discrimination, patronage and favouritism; andrecognises the diversity of the Australian community and fosters diversity in the workplace.

SkiReflection/DiscussionConsider the APS Values:Why is it important to state values for the workplace?How do you think they apply (or should apply) in your workplace?How do you model them to your clients?How do you ensure compliance by others?

SkiAPS Code of ConductThe Code of Conduct requires that an APS employee must:behave honestly and with integrity in connection with APS employment;act with care and diligence in connection with APS employment;when acting in connection with APS employment, treat everyone with respect and courtesy, and without harassment;when acting in connection with APS employment, comply with all applicable Australian laws;comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction;maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff;take reasonable steps to avoid any conflict of interest (real or apparent) and disclose details of any material personal interest of the employee in connection with the employee's APS employment;

SkiAPS Code of Conduct (cont.)use Commonwealth resources in a proper manner and for a proper purpose;not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment;not improperly use inside information or the employee's duties, status, power or authority:to gain, or seek to gain, a benefit or an advantage for the employee or any other person; orto cause, or to seek to cause, detriment to the employee's Agency, the Commonwealth or any other person.at all times behave in a way that upholds the APS Values and Employment Principles, and the integrity and good reputation of the employees Agency and the APS;while on duty overseas, at all times behave in a way that upholds the good reputation of Australia; andcomply with any other conduct requirement that is prescribed by the regulations.

SkiConflict of interestThe Code of Conduct requires that an APS employee must:take reasonable steps to avoid any conflict of interest (real or apparent) and disclose details of any material personal interest of the employee in connection with the employee's APS employment;

PS Act 1999

SkiBreaching the Code of Conduct Reporting suspected breachesInvestigating allegationsDecision-makingSanctions

SkiREFLECTAPSC REFLECT : An ethical decision making modelRe: Recognise a potential issue or problemF: Find relevant informationL: Linger at the Fork in the RoadE: Evaluate the optionsC: Come to a decisionT: Take time to reflect

SkiProcedural FairnessNatural justice/procedural fairness - what are the rules?The first rule is that a decision maker must afford an opportunity to be heard to a person whose interests will be adversely affected by the decision. The second rule is that a decision maker must be disinterested or unbiased in the matter to be decided. Bias is defined in case law to include actual bias or apparent bias.

SkiAfternoon tea

SkiAssessment Activity

AA4: Case study - The tender trap

http://www.apsc.gov.au/ethics/multimedia-resources/the-tender-trap

SkiLearning outcomes for todayBy the end of todays session you will be able to:Identify elements in the Australian government frameworkList key legislation, policies and guidelines that apply to employment arrangements in the APSIdentify factors that may lead to non-complianceApply decision-making frameworks to resolve ethical challenges

SkiThats it thank you

Ski