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

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

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.

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

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.

‘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.

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

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)

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

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