Whistle blowing and the Public Service Act five years on

1. Whistle blowing and the Public Service Act five years on Lynelle Briggs Public Service Commissioner

2. A Values-based APS The APS Values: • provide the philosophical underpinning for the APS • reflect public expectations of the relationship between public servants and the Government, the Parliament and the Australian community • articulate the culture and operating ethos of the APS • support and inform the Commissioner's Directions

3. APS Code of Conduct • sets out the standard of personal behaviour required of all APS employees and agency heads. APS employees must: • at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS. • behave with honesty and integrity in the course of employment • treat everyone with respect and courtesy and without harassment in the course of employment.

4. Education on Values and Code • APS Values and Code of Conduct in Practice: A Guide to Official Conduct For APS Employees and Agency Heads • guidance on whistle blower provisions (ch.15) • guidance on disclosure of information (ch.3) • guidance on public comment (ch.3) • guidance on employees as citizens (ch.13) • Embedding the APS Values • management guide aimed at senior employees • Foundations of Governance • agency head responsibilities and obligations all available on APS Commission website at www.apsc.gov.au

5. Public Service Act 1999 Protection for whistle blowers • Section 16 of the Public Service Act prohibits victimisation of, or discrimination against, an Australian Public Service employee who reports a breach, or an alleged breach, of the Code of Conduct to an agency head, the Public Service Commissioner or the Merit Protection Commissioner, or a person authorised by them.

6. ‘Internal witnesses’ in the APS • reports suspected breaches of the APS Code of Conduct under agency’s whistle blower procedures. • reports suspected breaches of the Code within agency but outside whistle blower procedures. • requests a review of an action that affects them personally • reports a matter to an external body (eg police, Ombudsman, or Inspector-General of Security). • answers questions or supplies information as part of an internal investigation (eg suspected fraud, security or privacy breaches). • gives evidence at a hearing by an external body (eg AIRC, the courts or a Parliamentary Committee.

7. Legal and administrative frameworks • Maintaining a Harassment-free Workplace (APS Commission) • Sexual Harassment in the Workplace, a Code of Practice for Employees (HREOC) • Review of action processes • Part 5 of Public Service Regulations; processes consistent with use of alternative dispute resolution and conciliation • Agency procedures for determining breaches of Code of Conduct • Commonwealth Fraud Control Guidelines

8. Legislative Protections • Public Service Act • Section 16 • Code of Conduct • Workplace Relations Act (s. 170CK(2)(e), s. 298(k) & s.298(l)) • Occupational Health & Safety (Commonwealth Employees) Act (s.60, s.64, s.76) • Racial Discrimination Act (s.27) • Sex Discrimination Act (s.94) • Human Rights & Equal Opportunity Commission Act (s. 26) • Age Discrimination Act (s.51)

9. Clarification • Important not to confuse the issues of: • whistle blowing • public comment • unauthorised disclosure • Leaking information is not whistle blowing • damages the necessary relationship of trust between the government and the public service

10. Looking ahead • Encourage education on APS Values and Code of Conduct • Clarify confusion about APS framework • Examine interaction of whistle blowing with other mechanisms for reporting misconduct • Low key review of Public Service Act