Human Resources
This is the Issued [printed] version of
CODE OF CONDUCT
Section 24.01
[OVERVIEW]
[REFERENCES]
[POLICY]
[PROCEDURES]
[SOURCES OF INFORMATION]
OVERVIEW
24.01.01 All staff of Macquarie University are expected to perform their duties with efficiency, fairness, impartiality, integrity, honesty, and compassion. This code aims to clarify for all staff the conduct expected in the performance of their duties and to provide them with a guide to solving ethical issues. A copy of the Code of Conduct will be provided to each new member of staff on appointment.
24.01.02 The successful development of an ethical environment relies upon individuals having responsibility for their own professional behaviour taking into consideration the provisions of this Code, policies of the University, expectations of the University Community and advice of senior colleagues. If there is any doubt as to the applicability of the Code, or the appropriate course of action to be adopted, the matter should be discussed with an appropriate senior member of staff.
24.01.03 A number of the obligations and standards set out in this Code are also to be found in legislation. Staff members need to be aware that, in some cases, breach of standards may involve criminal offences, in others they may amount to serious breaches of discipline and involve the possibility of dismissal.
24.01.04 Staff should be familiar with the responsibilities which are a part of their employment, and be aware that sanctions will be applied if these provisions are breached. These sanctions vary from counselling, to suspension, laying of criminal charges or taking civil action.
REFERENCES
24.01.05 The Code of Conduct is required by the:
24.01.06 The main legislation which is relevant to University staff includes:
- Affirmative Action (Equal Opportunity for Women) Act 1986 (Cwlth)
Anti-Discrimination Act 1977 (NSW)
Disability Discrimination Act 1992 (Cwlth)
Freedom of Information Act 1989 (NSW)
Protected Disclosures Act 1994 (NSW)
Independent Commission Against Corruption Act 1988 (NSW)
Occupational Health and Safety Act 1983 (NSW)
Public Finance and Audit Act 1983 (NSW)
Macquarie University Act 1989 (NSW)
Privacy Committee Act 1975 (NSW)
Transgender (Anti-Discrimination and other Acts Amendment) Act 1996 (NSW)
POLICY
24.01.07 The following areas are important for all staff:
Conflicts of Interest
24.01.08 Staff should avoid any financial or other interest or undertaking that could directly or indirectly compromise the performance of their duties. Conflicts of interest should be assessed in terms of the likelihood that staff members possessing a particular interest could be influenced, or might appear to be influenced, in the performance of their duties on a particular matter.
24.01.09 The University will not routinely involve itself in the private lives of its staff and students. However, a conflict of interest may arise where a staff member engages in activities or advances personal interests at the expense of the University's interests or the interests of other staff members or students.
24.01.10 The following situations are provided as examples of where a potential for conflict of interest may easily occur.
Financial Interests
24.01.11 An example of a financial conflict of interest which may arise is where a staff member who has a financial interest in a company is in a position to influence contracts for business between that company and the University.
Personal and family relationships between staff members
24.01.12 The University is aware that situations may occur where staff are working with family members or with persons with whom they develop close personal relationships.
24.01.13 Where such relationships exist between staff or with prospective staff the University does not wish to interfere unnecessarily but stresses that they may have the potential to create a conflict of interest if one staff member is:
- involved in a decision relating to the selection, appointment or promotion of another;
in a supervisory relationship to another and is responsible for employment related decisions.
Personal and family relationships between staff members and students
24.01.14 Academic staff have a responsibility to their students to assess their work fairly, objectively and consistently across the candidature for their particular subject/unit/course. A personal or family relationship between an Academic staff member and a student has the potential to compromise this responsibility where the staff member is responsible for the supervision, teaching and/or any level of assessment of that student, or indirectly by affecting a student's interaction with the University.
24.01.15 In many cases, only the individual staff member will be aware of the potential for conflict. Therefore, the onus is on that person to notify the appropriate senior member of staff if a potential or actual conflict of interest arises.
Acceptance of Gifts or Benefits
24.01.16 No staff member should accept a gift or benefit if it could be seen by the public, knowing the full facts, as intended or likely to cause the staff member to do her or his job in a particular way, or deviate from the proper course of duty.
24.01.17 As a general rule a line may be drawn in situations where a gift could be seen by others as either an inducement or reward which might place a staff member under an obligation.
Personal and Professional Behaviour
24.01.18 Staff members should perform any duties associated with their positions diligently, impartially and conscientiously, to the best of their ability.
24.01.19 In the performance of their duties, staff should:
- strive to keep up to date with advances and changes in the body of knowledge and the professional and ethical standards relevant to their area of expertise;
comply with any relevant legislative, industrial or administrative requirements;
maintain adequate documentation to support any decisions made;
treat members of the public, students and other staff members with courtesy and sensitivity to their rights and provide all necessary and appropriate assistance;
strive to obtain value for public money spent and avoid waste and extravagance in the use of public resources;
conform with the principles of environmental responsibility; and
not take or seek to take improper advantage of any official information gained in the course of employment.
24.01.20 When faced with a difficulty in having to implement a policy which is at variance with the staff member's own view, staff should discuss the matter with an appropriate senior staff member, depending on the nature of the matter, to resolve the issue.
24.01.21 Staff members should not harass or discriminate in work practices on the grounds of sex, age, compulsory retirement, transgender, marital status, pregnancy or potential pregnancy, family responsibilities, race, ethnic origin, sexual preference, political or religious belief, intellectual or physical impairment, HIV or AIDS status.
24.01.22 Supervisors should apply EEO principles.
24.01.23 Staff members have a duty to report to a senior staff member any behaviour by another staff member which is in breach of the legal requirements of the other staff member's employment with the University.
24.01.24 Senior members of staff of the University are expected to act upon such reports in accordance with this Code and any legal and procedural requirements.
Public Comment
24.01.25 Public comment includes official or other statements by way of public speaking engagements, comments on radio and television and expressions of views in letters to the newspapers or in books, journals or notices or where it might be expected that the publication or circulation of the comment will spread to the community at large.
24.01.26 Official statements in the name of the University shall be authorised by the Council, the Chancellor, the Vice-Chancellor or the Registrar and Vice-Principal (or any member of the University acting under the authority of one of those named officers).
24.01.27 Where the matter of a media statement or letter relates directly to the academic or other specialised subject area of a staff member's appointment, the member may use the University's name and address and give the title of her or his University appointment in order to establish her or his credentials.
24.01.28 All staff members have the right to express their views publicly on any matter of public interest as private citizens. Statements made or letters written in this context should not include the name and address of the University (or any part of it) or the title of her or his University appointment.
Use of Official Information
24.01.29 All staff and students have a right to expect confidentiality and privacy with respect to personal information obtained by other members of the University community in the course of their employment. All staff members have a duty to maintain confidentiality, integrity and security of official information for which they are responsible.
Use of Official Facilities and Equipment
24.01.30 Official facilities and equipment should only be used for private purposes when official permission has been given.
Outside Work
24.01.31 All staff are permitted under certain conditions to engage in outside work. Such matters are governed by the provisions of the policy on Outside Work.
SOURCES OF INFORMATION
Nick Crowley, Human Resources (9768)