1. South Australian State Schools Administrative Officers Association
SASSAOA Conference
10 July 2017
Nicole Gordon, Ethical Conduct Unit

2. Code of Ethics for the South Australian Public Sector
Public Sector Values
Professional conduct standards
Online awareness program

3. Who does the Code apply to?
SA Public Sector employees
DECD employees

4. Values – The Foundation of Ethical Behaviour
Service
Professionalism
Trust
Respect
Collaboration and Engagement
Honesty and Integrity
Courage and Tenacity
Sustainability

5. Professional Conduct Standards
EMPLOYEES MUST EXHIBIT THE HIGHEST STANDARDS OF PROFESSIONAL CONDUCT IN ORDER TO MAINTAIN THE INTEGRITY OF THE SOUTH AUSTRALIAN PUBLIC SECTOR.
Disciplinary provisions of the Code
Contravention or failure to comply with the professional conduct standards will constitute misconduct
Disciplinary action may follow

6. Professional Conduct Standards
Professional and courteous behaviour
Public comment
Handling official information
Use of government/public resources
Conflicts of interest
Outside employment
Acceptance of gifts and benefits
Criminal offences
Reporting unethical behaviour

7. Professional Conduct Standards
Consider the following scenarios:
What are the issues?
What, if any, standards are breached?
Consider the different perspectives of those who might be involved in or affected by the scenario.
Discuss what action (if required) could be taken and by whom.

8. Scenario 1
Sam tends to respond to any perceived injustice, unfairness or wrongdoing with an attacking response. Sam is always ready to confront in person, and their manner is often threatening and intimidating. Sam loves quoting bits of policies and/or legislation as a justification for the particular stance of the moment.
Most staff choose to avoid Sam if they are the subject of one of the issues, they just try not to respond in the hope that it will all go away quickly.
Early in the year the new Business Manager received a complaint from a SSO1 that staff seemed to think that it was the role of the SSO1 to clean up the kitchen area. The business manager sent out a general requesting that all staff remember to wash up and put away their own cups and dishes.
Sam took this as a personal attack and responded with a ‘reply all’ . The used extremely intemperate language, and Sam was not backward in expressing an opinion of the skills, ability and intelligence of the Business Manager. Sam followed this up with another 2 s all using the same tone and all ‘reply all’.

9. Scenario 2:
An employee is in conflict with a colleague. They have posted some comments regarding the colleague on Facebook.
Although they have not named the person anyone who works in that unit/site could identify them.
This has been brought to the attention of the manager / site leader and when it is brought up with the employee their response is that ‘it was my own computer, in my time, it’s my business and it is not a work related matter.”

10. Online awareness program

11. Conflict and complaint resolution
Complaint resolution principles
Causes of conflict
Complaint resolution for employees policy and procedure
“Bullying”
Resolution
Reviews

12. Complaint Resolution Principles
learn
live with ambiguity
communicate openly
participate in conflicts with integrity
make a virtue of contingency
find unity in issues that divide
empathy
localised & locally relevant resolutions
Complaint
Resolution
Principles

13. Complaint Resolution for Employees Policy and Procedures 2007
Provides a structure and options for managing conflict.
Working relationships are central.
Positive outcomes and minimisation of negative impacts.
Resolve matters in a timely manner and as close as possible to the source of the disagreement.
Ensure equity and due process is applied.
Not a one size fits all approach.
Complainants and Respondents are entitled to know the complaint resolution process ahead of time.

14. Bullying
‘Repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety’ Safe Work Australia Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time. Unreasonable behaviour means that a reasonable person having regard for the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening. It also includes (but is not limited to) mobbing, malicious, deliberate attempts by co-workers to force a person out of the workplace by harassment

15. Not bullying
Reasonable action taken in a reasonable manner by an employer to transfer, demote, discipline, counsel, retrench or dismiss an employee;
A decision by an employer, based on reasonable grounds, not to award or provide a promotion, transfer, or benefit in connection with an employee’s employment;
Reasonable administrative action taken in a reasonable manner by an employer in connection with an employee’s employment; or
Differences of opinion and disagreements are not generally considered bullying.it

16. Options for resolution
Complaint Managers need to consider possible resolution options throughout the process:
Is it appropriate? Impact on others/operations?
Is it reasonable? Plan B?
Long term? Monitor – How?
Who? When?
10 July Nicole Gordon, Ethical Conduct Unit

17. Reviewable decisions
Single review of a complaint if unsatisfied with either resolution process or outcome (Procedures)
Requests for review are directed to the Chief Executive.
Reviews are initiated where there are sufficient grounds to support the request.
Dependent on the nature of the complaint, further external avenues of appeal or review may be available e.g. EO Commission

18. Extension of Part 7 of the Public Sector Act
Application
Reviewable employment decision

19. Employment decisions are reviewable
From 1 July 2016, Part 7 of The Public Sector Act was extended to include:
School Services Officers
Aboriginal Education Workers
Early Childhood Workers
some s101B Corporate employees.
Division 4 of Part 7 of the Public Sector Act – Review of employment decisions now applies to the above classifications.
An employment decision is defined as:
An administrative decision relating to employment, and may include decisions around engagement, promotion, transfer, remuneration, entitlements, termination or disciplinary action.
This can also include the failure or refusal to make a decision.
* Some exclusions apply e.g. a decision not to re‑engage a term employee at the end of the employee's term of employment – Regulation 25 Public Sector Regulations

20. What does this mean for you?
Section 60: A public sector agency is required to endeavour to resolve its employees’ grievances by conciliation.
Section 61: An employee aggrieved by an employment decision of a public sector agency directly affecting the employee may apply for an internal review of the decision by the public sector agency.
Section 62: An employee aggrieved by an employment decision of a public sector agency directly affecting the employee may apply to the appropriate review body for a review of the decision.
Appropriate review body = Public Sector Grievance Review Commission or the Industrial Relations Commission (limited circumstances).
Section 63: A review of a decision to select an employee as a consequence of selection processes conducted on the basis of merit.

21. Merit selection – Ancillary vacancies

22. Merit selection – Ancillary vacancies
Panel composition
Vac 12 months or less - Chairperson (Principal or nominee)
- Staff rep elected by the staff at the site
Vac > 12 months - Chairperson (Principal or nominee) Non-teaching staff rep (elected by non-teaching staff)
- Teaching staff rep (elected by teaching staff)
Approval is required to vary panel composition from the above – contact the Ethical Conduct Unit to discuss the need for a panel variation.
All panellists must be merit trained
There is a lack of merit trained ancillary staff within DECD.

23. Merit selection – Panelist responsibilities
Responsibilities of an employee/AEU representative panellist include:
To be familiar with selection policy and procedures
To act within the letter and spirit of the policy
To participate in and contribute equally to all stages of the selection process
To treat all information obtained as confidential, including after the appointment has been made
To keep notes of information gathered during the selection process and give these to the chairperson at the conclusion of the selection process
To maintain confidentiality.
It is not the role of an employee/ AEU representative panellist to have leadership and/or teaching knowledge.

24. ECU services provided:
Merit selection process:
Advice and consultation for applicants and panel members before or during a process.
Consulation to discuss concerns following the merit selection process, where there is a possible intention to lodge a request for an internal review of the process.
Conduct internal review of merit selection processes.
Attend external reviews of merit selection processes before the Public Sector Grievance Review Commission.
Advice regarding staff (employee to employee/er) related grievances. Specifically, advice regarding complaint resolution policies, procedures to assist site managers and leaders to resolve complaints locally and to asssist employees in understanding the options prior to and during the process of lodging an official complaint against an emplyee/er.
Complaint areas may include:
Bullying
Harrassment
Merit selection
Discrimination
Changes to role, duties etc
Advice and education on The Code of Ethics for Public Sector Employees

25. Ethical Conduct Unit
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