{"id":"qld:act-1994-067","name":"Public Sector Ethics Act 1994","slug":"public-sector-ethics-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"67 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104733,"registerId":"qld-act-1994-067-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Sector Ethics Act 1994 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 2 Note—s 2 contained definitions for this Act. Definitions are now located in the schedule (Dictionary). Annotations for definitions contained in s 2 are located in annotations for the schedule.\namd 1999 No. 55 s 4 (1)","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Ethics principles","content":"# Ethics principles","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Declaration of ethics principles","content":"### sec.4 Declaration of ethics principles\n\nThe ethics principles mentioned in subsection (2) are declared to be fundamental to good public administration.\nThe ethics principles are—\nintegrity and impartiality\npromoting the public good\ncommitment to the system of government\naccountability and transparency.\ns 4 amd 2010 No. 37 s 82\n(sec.4-ssec.1) The ethics principles mentioned in subsection (2) are declared to be fundamental to good public administration.\n(sec.4-ssec.2) The ethics principles are— integrity and impartiality promoting the public good commitment to the system of government accountability and transparency.\n- • integrity and impartiality\n- • promoting the public good\n- • commitment to the system of government\n- • accountability and transparency.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Ethics values","content":"# Ethics values","sortOrder":6},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Nature, purpose and application of ethics values","content":"## Nature, purpose and application of ethics values","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Nature, purpose and application of values","content":"### sec.5 Nature, purpose and application of values\n\nIn recognition of the ethics principles, ethics values are to apply to public service agencies, public sector entities and public officials.\nThe values mentioned in division 2 are the ethics values for public service agencies, public sector entities and public officials.\nThe ethics values are intended to provide the basis for codes of conduct for public service agencies, public sector entities and public officials and are not of themselves legally enforceable.\ns 5 sub 2010 No. 37 s 83\n(sec.5-ssec.1) In recognition of the ethics principles, ethics values are to apply to public service agencies, public sector entities and public officials.\n(sec.5-ssec.2) The values mentioned in division 2 are the ethics values for public service agencies, public sector entities and public officials.\n(sec.5-ssec.3) The ethics values are intended to provide the basis for codes of conduct for public service agencies, public sector entities and public officials and are not of themselves legally enforceable.","sortOrder":8},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"The ethics values","content":"## The ethics values","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Integrity and impartiality","content":"### sec.6 Integrity and impartiality\n\nIn recognition that public office involves a public trust, public service agencies, public sector entities and public officials seek to promote public confidence in the integrity of the public sector and—\nare committed to the highest ethical standards; and\naccept and value their duty to provide advice which is objective, independent, apolitical and impartial; and\nshow respect towards all persons, including employees, clients and the general public; and\nacknowledge the primacy of the public interest and undertake that any conflict of interest issue will be resolved or appropriately managed in favour of the public interest; and\nare committed to honest, fair and respectful engagement with the community.\ns 6 sub 2010 No. 37 s 83\n- (a) are committed to the highest ethical standards; and\n- (b) accept and value their duty to provide advice which is objective, independent, apolitical and impartial; and\n- (c) show respect towards all persons, including employees, clients and the general public; and\n- (d) acknowledge the primacy of the public interest and undertake that any conflict of interest issue will be resolved or appropriately managed in favour of the public interest; and\n- (e) are committed to honest, fair and respectful engagement with the community.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Promoting the public good","content":"### sec.7 Promoting the public good\n\nIn recognition that the public sector is the mechanism through which the elected representatives deliver programs and services for the benefit of the people of Queensland, public service agencies, public sector entities and public officials—\naccept and value their duty to be responsive to both the requirements of government and to the public interest; and\naccept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions; and\naccept and value their duty to manage public resources effectively, efficiently and economically; and\nvalue and seek to achieve excellence in service delivery; and\nvalue and seek to achieve enhanced integration of services to better service clients.\ns 7 sub 2010 No. 37 s 83\n- (a) accept and value their duty to be responsive to both the requirements of government and to the public interest; and\n- (b) accept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions; and\n- (c) accept and value their duty to manage public resources effectively, efficiently and economically; and\n- (d) value and seek to achieve excellence in service delivery; and\n- (e) value and seek to achieve enhanced integration of services to better service clients.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Commitment to the system of government","content":"### sec.8 Commitment to the system of government\n\nIn recognition that the public sector has a duty to uphold the system of government and the laws of the State, Commonwealth and local government, public service agencies, public sector entities and public officials—\naccept and value their duty to uphold the system of government and the laws of the State, the Commonwealth and local government; and\nare committed to effecting official public sector priorities, policies and decisions professionally and impartially; and\naccept and value their duty to operate within the framework of Ministerial responsibility to government, the Parliament and the community.\nSubsection (1) does not limit the responsibility of a public service agency, public sector entity or public official to act independently of government if the independence of the agency, entity or official is required by legislation or government policy, or is a customary feature of the work of the agency, entity or official.\ns 8 sub 2010 No. 37 s 83\n(sec.8-ssec.1) In recognition that the public sector has a duty to uphold the system of government and the laws of the State, Commonwealth and local government, public service agencies, public sector entities and public officials— accept and value their duty to uphold the system of government and the laws of the State, the Commonwealth and local government; and are committed to effecting official public sector priorities, policies and decisions professionally and impartially; and accept and value their duty to operate within the framework of Ministerial responsibility to government, the Parliament and the community.\n(sec.8-ssec.2) Subsection (1) does not limit the responsibility of a public service agency, public sector entity or public official to act independently of government if the independence of the agency, entity or official is required by legislation or government policy, or is a customary feature of the work of the agency, entity or official.\n- (a) accept and value their duty to uphold the system of government and the laws of the State, the Commonwealth and local government; and\n- (b) are committed to effecting official public sector priorities, policies and decisions professionally and impartially; and\n- (c) accept and value their duty to operate within the framework of Ministerial responsibility to government, the Parliament and the community.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Accountability and transparency","content":"### sec.9 Accountability and transparency\n\nIn recognition that public trust in public office requires high standards of public administration, public service agencies, public sector entities and public officials—\nare committed to exercising proper diligence, care and attention; and\nare committed to using public resources in an effective and accountable way; and\nare committed to managing information as openly as practicable within the legal framework; and\nvalue and seek to achieve high standards of public administration; and\nvalue and seek to innovate and continuously improve performance; and\nvalue and seek to operate within a framework of mutual obligation and shared responsibility between public service agencies, public sector entities and public officials.\ns 9 amd 2009 No. 52 s 115 sch 1\nsub 2010 No. 37 s 83\n- (a) are committed to exercising proper diligence, care and attention; and\n- (b) are committed to using public resources in an effective and accountable way; and\n- (c) are committed to managing information as openly as practicable within the legal framework; and\n- (d) value and seek to achieve high standards of public administration; and\n- (e) value and seek to innovate and continuously improve performance; and\n- (f) value and seek to operate within a framework of mutual obligation and shared responsibility between public service agencies, public sector entities and public officials.","sortOrder":13},{"sectionNumber":"pt.4","sectionType":"part","heading":"Codes of conduct for public officials","content":"# Codes of conduct for public officials","sortOrder":14},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Codes of conduct generally","content":"## Codes of conduct generally","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Nature and purpose of codes","content":"### sec.10 Nature and purpose of codes\n\nIn recognition of the ethics principles and values for public service agencies, public sector entities and public officials, codes of conduct are to apply to those agencies, entities and officials in performing their official functions.\nThe purpose of a code is to provide standards of conduct for public service agencies, public sector entities and public officials consistent with the ethics principles and values.\ns 10 prev s 10 om 2010 No. 37 s 83\npres s 10 ins 2010 No. 37 s 85\n(sec.10-ssec.1) In recognition of the ethics principles and values for public service agencies, public sector entities and public officials, codes of conduct are to apply to those agencies, entities and officials in performing their official functions.\n(sec.10-ssec.2) The purpose of a code is to provide standards of conduct for public service agencies, public sector entities and public officials consistent with the ethics principles and values.","sortOrder":16},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Public service agencies","content":"## Public service agencies","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of code","content":"### sec.11 Application of code\n\nThe code of conduct for public service agencies—\nmust relate to all public service agencies; and\napplies to all public officials of a public service agency; and\nmay apply to other persons who are not public officials of a public service agency who have a contract or other agreement with the public service agency.\ncontractors with the agency and their employees\nvolunteers with the agency\nstudents on work experience with the agency\nThe code may make different provision, consistent with the ethics values, for different types of—\npublic officials; or\npersons mentioned in subsection (1) (c) .\ns 11 prev s 11 om 2010 No. 37 s 83\npres s 11 ins 2010 No. 37 s 85\n(sec.11-ssec.1) The code of conduct for public service agencies— must relate to all public service agencies; and applies to all public officials of a public service agency; and may apply to other persons who are not public officials of a public service agency who have a contract or other agreement with the public service agency. contractors with the agency and their employees volunteers with the agency students on work experience with the agency\n(sec.11-ssec.2) The code may make different provision, consistent with the ethics values, for different types of— public officials; or persons mentioned in subsection (1) (c) .\n- (a) must relate to all public service agencies; and\n- (b) applies to all public officials of a public service agency; and\n- (c) may apply to other persons who are not public officials of a public service agency who have a contract or other agreement with the public service agency. Examples for paragraph (c) — • contractors with the agency and their employees • volunteers with the agency • students on work experience with the agency\n- • contractors with the agency and their employees\n- • volunteers with the agency\n- • students on work experience with the agency\n- • contractors with the agency and their employees\n- • volunteers with the agency\n- • students on work experience with the agency\n- (a) public officials; or\n- (b) persons mentioned in subsection (1) (c) .","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Contents of code","content":"### sec.12 Contents of code\n\nThe code of conduct for public service agencies may contain anything the commissioner considers necessary or useful for achieving the purpose of a code of conduct.\nIn particular, the code may provide conduct obligations public officials must comply with.\nThe code also may contain—\ninformation explaining the purpose of—\nthe ethics principles and values generally or a particular ethics principle or value; or\nstandards of conduct generally or a particular standard of conduct; and\ninformation explaining the object intended to be achieved by the application of—\nthe ethics principles and values generally or a particular ethics principle or value; or\nstandards of conduct generally or a particular standard of conduct; and\nguidelines about the application of an ethics principle, value or standard of conduct; and\nexamples of the operation of an ethics principle, value or standard of conduct; and\nexplanatory notes about an ethics principle, value or standard of conduct; and\nreferences to Acts applying to public officials in performing their official functions.\ns 12 sub 2010 No. 37 s 85\namd 2022 No. 34 s 365 sch 3\n(sec.12-ssec.1) The code of conduct for public service agencies may contain anything the commissioner considers necessary or useful for achieving the purpose of a code of conduct.\n(sec.12-ssec.2) In particular, the code may provide conduct obligations public officials must comply with.\n(sec.12-ssec.3) The code also may contain— information explaining the purpose of— the ethics principles and values generally or a particular ethics principle or value; or standards of conduct generally or a particular standard of conduct; and information explaining the object intended to be achieved by the application of— the ethics principles and values generally or a particular ethics principle or value; or standards of conduct generally or a particular standard of conduct; and guidelines about the application of an ethics principle, value or standard of conduct; and examples of the operation of an ethics principle, value or standard of conduct; and explanatory notes about an ethics principle, value or standard of conduct; and references to Acts applying to public officials in performing their official functions.\n- (a) information explaining the purpose of— (i) the ethics principles and values generally or a particular ethics principle or value; or (ii) standards of conduct generally or a particular standard of conduct; and\n- (i) the ethics principles and values generally or a particular ethics principle or value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and\n- (b) information explaining the object intended to be achieved by the application of— (i) the ethics principles and values generally or a particular ethics principle or value; or (ii) standards of conduct generally or a particular standard of conduct; and\n- (i) the ethics principles and values generally or a particular ethics principle or value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and\n- (c) guidelines about the application of an ethics principle, value or standard of conduct; and\n- (d) examples of the operation of an ethics principle, value or standard of conduct; and\n- (e) explanatory notes about an ethics principle, value or standard of conduct; and\n- (f) references to Acts applying to public officials in performing their official functions.\n- (i) the ethics principles and values generally or a particular ethics principle or value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and\n- (i) the ethics principles and values generally or a particular ethics principle or value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and","sortOrder":19},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Preparation of code","content":"### sec.12A Preparation of code\n\nThe commissioner must ensure that a code of conduct is prepared for public service agencies.\nThe commissioner must ensure that reasonable steps are taken to consult about the code with—\npublic service agencies; and\npublic officials to whom the code is to apply; and\nindustrial organisations representing the interests of a public official mentioned in paragraph (b) ; and\nother appropriate entities representing the interests of a public official mentioned in paragraph (b) .\ns 12A ins 2010 No. 37 s 85\namd 2022 No. 34 s 365 sch 3\n(sec.12A-ssec.1) The commissioner must ensure that a code of conduct is prepared for public service agencies.\n(sec.12A-ssec.2) The commissioner must ensure that reasonable steps are taken to consult about the code with— public service agencies; and public officials to whom the code is to apply; and industrial organisations representing the interests of a public official mentioned in paragraph (b) ; and other appropriate entities representing the interests of a public official mentioned in paragraph (b) .\n- (a) public service agencies; and\n- (b) public officials to whom the code is to apply; and\n- (c) industrial organisations representing the interests of a public official mentioned in paragraph (b) ; and\n- (d) other appropriate entities representing the interests of a public official mentioned in paragraph (b) .","sortOrder":20},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Approval of code","content":"### sec.12B Approval of code\n\nThe Premier may approve a code of conduct for public service agencies prepared under section 12A .\nThe Premier may approve the code only if it is accompanied by a written statement by the commissioner outlining—\nthe nature and extent of the consultations that took place during the preparation of the code; and\nthe outcome of the consultations.\nIn deciding whether to approve the code, the Premier must have regard to the statement mentioned in subsection (2) .\nThe code can not apply to a public service agency or a public official of the agency until it is approved by the Premier.\ns 12B ins 2010 No. 37 s 85\namd 2022 No. 34 s 365 sch 3\n(sec.12B-ssec.1) The Premier may approve a code of conduct for public service agencies prepared under section 12A .\n(sec.12B-ssec.2) The Premier may approve the code only if it is accompanied by a written statement by the commissioner outlining— the nature and extent of the consultations that took place during the preparation of the code; and the outcome of the consultations.\n(sec.12B-ssec.3) In deciding whether to approve the code, the Premier must have regard to the statement mentioned in subsection (2) .\n(sec.12B-ssec.4) The code can not apply to a public service agency or a public official of the agency until it is approved by the Premier.\n- (a) the nature and extent of the consultations that took place during the preparation of the code; and\n- (b) the outcome of the consultations.","sortOrder":21},{"sectionNumber":"sec.12C","sectionType":"section","heading":"Review of code","content":"### sec.12C Review of code\n\nThe commissioner must review the code of conduct for public service agencies within 1 year after it is approved under section 12B .\nThe commissioner must subsequently review the code no later than 2 years after the previous review.\ns 12C ins 2010 No. 37 s 85\namd 2022 No. 34 s 365 sch 3\n(sec.12C-ssec.1) The commissioner must review the code of conduct for public service agencies within 1 year after it is approved under section 12B .\n(sec.12C-ssec.2) The commissioner must subsequently review the code no later than 2 years after the previous review.","sortOrder":22},{"sectionNumber":"sec.12D","sectionType":"section","heading":"Nature and application of a standard of practice","content":"### sec.12D Nature and application of a standard of practice\n\nA standard of practice applies additional standards of conduct and behaviour to public officials of a particular public service agency.\nA standard of practice must—\nhave regard to the ethics principles and values; and\nsupport the standards of conduct in the code of conduct for public service agencies.\nA standard of practice—\napplies to all public officials of the public service agency; and\nmay apply to other persons who are not public officials of the agency who have a contract or other agreement with the agency.\ncontractors with the agency and their employees\nvolunteers with the agency\nstudents on work experience with the agency\nA standard of practice for a public service agency may make different provision, consistent with the ethics values, for different types of—\npublic officials of the agency; or\npersons mentioned in subsection (3) (b) .\ns 12D ins 2010 No. 37 s 85\n(sec.12D-ssec.1) A standard of practice applies additional standards of conduct and behaviour to public officials of a particular public service agency.\n(sec.12D-ssec.2) A standard of practice must— have regard to the ethics principles and values; and support the standards of conduct in the code of conduct for public service agencies.\n(sec.12D-ssec.3) A standard of practice— applies to all public officials of the public service agency; and may apply to other persons who are not public officials of the agency who have a contract or other agreement with the agency. contractors with the agency and their employees volunteers with the agency students on work experience with the agency\n(sec.12D-ssec.4) A standard of practice for a public service agency may make different provision, consistent with the ethics values, for different types of— public officials of the agency; or persons mentioned in subsection (3) (b) .\n- (a) have regard to the ethics principles and values; and\n- (b) support the standards of conduct in the code of conduct for public service agencies.\n- (a) applies to all public officials of the public service agency; and\n- (b) may apply to other persons who are not public officials of the agency who have a contract or other agreement with the agency. Examples for paragraph (b) — • contractors with the agency and their employees • volunteers with the agency • students on work experience with the agency\n- • contractors with the agency and their employees\n- • volunteers with the agency\n- • students on work experience with the agency\n- • contractors with the agency and their employees\n- • volunteers with the agency\n- • students on work experience with the agency\n- (a) public officials of the agency; or\n- (b) persons mentioned in subsection (3) (b) .","sortOrder":23},{"sectionNumber":"sec.12E","sectionType":"section","heading":"Preparation of standard","content":"### sec.12E Preparation of standard\n\nA public service agency may prepare its own standard of practice.\nThe commissioner may issue guidelines for the preparation of a standard of practice by a public service agency.\nIf a public service agency prepares a standard of practice, the chief executive officer of the agency must ensure that reasonable steps are taken to consult about the standard of practice with—\npublic officials to whom the standard is to apply; and\nindustrial organisations representing the interests of a public official mentioned in paragraph (a) ; and\nother appropriate entities representing the interests of a public official mentioned in paragraph (a) .\ns 12E ins 2010 No. 37 s 85\namd 2022 No. 34 s 365 sch 3\n(sec.12E-ssec.1) A public service agency may prepare its own standard of practice.\n(sec.12E-ssec.2) The commissioner may issue guidelines for the preparation of a standard of practice by a public service agency.\n(sec.12E-ssec.3) If a public service agency prepares a standard of practice, the chief executive officer of the agency must ensure that reasonable steps are taken to consult about the standard of practice with— public officials to whom the standard is to apply; and industrial organisations representing the interests of a public official mentioned in paragraph (a) ; and other appropriate entities representing the interests of a public official mentioned in paragraph (a) .\n- (a) public officials to whom the standard is to apply; and\n- (b) industrial organisations representing the interests of a public official mentioned in paragraph (a) ; and\n- (c) other appropriate entities representing the interests of a public official mentioned in paragraph (a) .","sortOrder":24},{"sectionNumber":"sec.12F","sectionType":"section","heading":"Approval of standard","content":"### sec.12F Approval of standard\n\nThe commissioner may approve a standard of practice for a public service agency.\nThe commissioner may approve the standard of practice only if it is accompanied by a written statement by the chief executive officer of the public service agency outlining—\nthe nature and extent of the consultations that took place during the preparation of the standard of practice; and\nthe outcome of the consultations.\nIn deciding whether to approve the standard of practice, the commissioner must have regard to the statement mentioned in subsection (2) .\nA standard of practice can not apply to a public service agency or to a public official of an agency until it is approved by the commissioner.\ns 12F ins 2010 No. 37 s 85\namd 2022 No. 34 s 365 sch 3\n(sec.12F-ssec.1) The commissioner may approve a standard of practice for a public service agency.\n(sec.12F-ssec.2) The commissioner may approve the standard of practice only if it is accompanied by a written statement by the chief executive officer of the public service agency outlining— the nature and extent of the consultations that took place during the preparation of the standard of practice; and the outcome of the consultations.\n(sec.12F-ssec.3) In deciding whether to approve the standard of practice, the commissioner must have regard to the statement mentioned in subsection (2) .\n(sec.12F-ssec.4) A standard of practice can not apply to a public service agency or to a public official of an agency until it is approved by the commissioner.\n- (a) the nature and extent of the consultations that took place during the preparation of the standard of practice; and\n- (b) the outcome of the consultations.","sortOrder":25},{"sectionNumber":"sec.12G","sectionType":"section","heading":"Review of standard","content":"### sec.12G Review of standard\n\nThe chief executive of the public service agency must review a standard of practice for an agency within 1 year after it is approved.\nThe chief executive of the public service agency must subsequently review the standard of practice no later than 2 years after the previous review.\ns 12G ins 2010 No. 37 s 85\n(sec.12G-ssec.1) The chief executive of the public service agency must review a standard of practice for an agency within 1 year after it is approved.\n(sec.12G-ssec.2) The chief executive of the public service agency must subsequently review the standard of practice no later than 2 years after the previous review.","sortOrder":26},{"sectionNumber":"sec.12H","sectionType":"section","heading":"Compliance with code and standard of practice","content":"### sec.12H Compliance with code and standard of practice\n\nA public official of a public service agency must comply with the code of conduct for public service agencies and any standard of practice that applies to the official.\ns 12H ins 2010 No. 37 s 85","sortOrder":27},{"sectionNumber":"sec.12I","sectionType":"section","heading":"Access to ethics principles and values, and code of conduct","content":"### sec.12I Access to ethics principles and values, and code of conduct\n\nThe chief executive officer of a public service agency must ensure that each public official of the agency and each person mentioned in section 11 (1) (c) has reasonable access to a copy of the following—\nthe ethics principles and values;\nthe standards of conduct stated in the code of conduct for public service agencies that apply to the official or person;\nany standard of practice that applies to the official or person.\ns 12I ins 2010 No. 37 s 85\n- (a) the ethics principles and values;\n- (b) the standards of conduct stated in the code of conduct for public service agencies that apply to the official or person;\n- (c) any standard of practice that applies to the official or person.","sortOrder":28},{"sectionNumber":"sec.12J","sectionType":"section","heading":"Publication of code of conduct and standards of practice","content":"### sec.12J Publication of code of conduct and standards of practice\n\nThe chief executive officer of a public service agency must publish and keep available for inspection by any person copies of the approved code of conduct for public service agencies and any standard of practice applying to the agency.\nTo remove any doubt, it is declared that a reference in this section to a person includes a reference to a member of the public.\ns 12J ins 2010 No. 37 s 85\n(sec.12J-ssec.1) The chief executive officer of a public service agency must publish and keep available for inspection by any person copies of the approved code of conduct for public service agencies and any standard of practice applying to the agency.\n(sec.12J-ssec.2) To remove any doubt, it is declared that a reference in this section to a person includes a reference to a member of the public.","sortOrder":29},{"sectionNumber":"sec.12K","sectionType":"section","heading":"Education and training","content":"### sec.12K Education and training\n\nThe chief executive officer of a public service agency must ensure that public officials of the agency are given access to appropriate education and training about public sector ethics—\nas part of an induction program; and\nat regular intervals during the officials’ employment.\nThe education and training must include education and training about the following—\nthe operation of this Act;\nthe application of ethics principles and obligations to the public officials;\nthe contents of the approved code of conduct for public service agencies;\nthe rights and obligations of the officials in relation to contravention of—\nthe approved code of conduct for public service agencies; and\nany approved standard of practice.\ns 12K ins 2010 No. 37 s 85\nsub 2012 No. 22 s 21\n(sec.12K-ssec.1) The chief executive officer of a public service agency must ensure that public officials of the agency are given access to appropriate education and training about public sector ethics— as part of an induction program; and at regular intervals during the officials’ employment.\n(sec.12K-ssec.2) The education and training must include education and training about the following— the operation of this Act; the application of ethics principles and obligations to the public officials; the contents of the approved code of conduct for public service agencies; the rights and obligations of the officials in relation to contravention of— the approved code of conduct for public service agencies; and any approved standard of practice.\n- (a) as part of an induction program; and\n- (b) at regular intervals during the officials’ employment.\n- (a) the operation of this Act;\n- (b) the application of ethics principles and obligations to the public officials;\n- (c) the contents of the approved code of conduct for public service agencies;\n- (d) the rights and obligations of the officials in relation to contravention of— (i) the approved code of conduct for public service agencies; and (ii) any approved standard of practice.\n- (i) the approved code of conduct for public service agencies; and\n- (ii) any approved standard of practice.\n- (i) the approved code of conduct for public service agencies; and\n- (ii) any approved standard of practice.","sortOrder":30},{"sectionNumber":"sec.12L","sectionType":"section","heading":"Procedures and practices of public service agencies","content":"### sec.12L Procedures and practices of public service agencies\n\nThe chief executive officer of a public service agency must ensure that the administrative procedures and management practices of the agency have proper regard to—\nthis Act and, in particular, the ethics principles and values; and\nthe approved code of conduct for public service agencies; and\nany standard of practice applying to the agency.\ns 12L ins 2010 No. 37 s 85\n- (a) this Act and, in particular, the ethics principles and values; and\n- (b) the approved code of conduct for public service agencies; and\n- (c) any standard of practice applying to the agency.","sortOrder":31},{"sectionNumber":"sec.12M","sectionType":"section","heading":"Reporting","content":"### sec.12M Reporting\n\nThe commissioner must ensure that each report of the commission under the Public Sector Act 2022 , section 207 (2) (i) includes a statement about the following—\nthe implementation during the reporting period of the code of conduct for public service agencies;\ndetails of the action taken during the reporting period to comply with section 12A .\nThe chief executive officer of a public service agency must ensure that each annual report of the agency includes a statement about the following—\nthe implementation during the reporting period of the code of conduct for public service agencies and any standard of practice applying to the agency;\ndetails of the action taken during the reporting period to comply with sections 12K and 12L .\ns 12M ins 2010 No. 37 s 85\namd 2022 No. 34 s 365 sch 3\n(sec.12M-ssec.1) The commissioner must ensure that each report of the commission under the Public Sector Act 2022 , section 207 (2) (i) includes a statement about the following— the implementation during the reporting period of the code of conduct for public service agencies; details of the action taken during the reporting period to comply with section 12A .\n(sec.12M-ssec.2) The chief executive officer of a public service agency must ensure that each annual report of the agency includes a statement about the following— the implementation during the reporting period of the code of conduct for public service agencies and any standard of practice applying to the agency; details of the action taken during the reporting period to comply with sections 12K and 12L .\n- (a) the implementation during the reporting period of the code of conduct for public service agencies;\n- (b) details of the action taken during the reporting period to comply with section 12A .\n- (a) the implementation during the reporting period of the code of conduct for public service agencies and any standard of practice applying to the agency;\n- (b) details of the action taken during the reporting period to comply with sections 12K and 12L .","sortOrder":32},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Public sector entities","content":"## Public sector entities","sortOrder":33},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application of codes","content":"### sec.13 Application of codes\n\nA code of conduct for a public sector entity—\nmust relate to the particular public sector entity; and\napplies to all public officials of the entity; and\nmay apply to other persons who are not public officials of the entity who have a contract or other agreement with the entity.\ncontractors with the entity and their employees\nvolunteers with the entity\nstudents on work experience with the entity\nA code of conduct for a public sector entity may make different provision, consistent with the ethics values, for different types of—\npublic officials; or\npersons mentioned in subsection (1) (c) .\ns 13 sub 2010 No. 37 s 85\n(sec.13-ssec.1) A code of conduct for a public sector entity— must relate to the particular public sector entity; and applies to all public officials of the entity; and may apply to other persons who are not public officials of the entity who have a contract or other agreement with the entity. contractors with the entity and their employees volunteers with the entity students on work experience with the entity\n(sec.13-ssec.2) A code of conduct for a public sector entity may make different provision, consistent with the ethics values, for different types of— public officials; or persons mentioned in subsection (1) (c) .\n- (a) must relate to the particular public sector entity; and\n- (b) applies to all public officials of the entity; and\n- (c) may apply to other persons who are not public officials of the entity who have a contract or other agreement with the entity. Examples for paragraph (c) — • contractors with the entity and their employees • volunteers with the entity • students on work experience with the entity\n- • contractors with the entity and their employees\n- • volunteers with the entity\n- • students on work experience with the entity\n- • contractors with the entity and their employees\n- • volunteers with the entity\n- • students on work experience with the entity\n- (a) public officials; or\n- (b) persons mentioned in subsection (1) (c) .","sortOrder":34},{"sectionNumber":"sec.14","sectionType":"section","heading":"Contents of codes","content":"### sec.14 Contents of codes\n\nA code of conduct for a public sector entity may contain anything the responsible authority for the entity considers necessary or useful for achieving the purpose of a code of conduct.\nIn particular, a code may provide conduct obligations public officials must comply with.\nA code also may contain—\ninformation explaining the purpose of—\nthe ethics values generally or a particular ethics value; or\nstandards of conduct generally or a particular standard of conduct; and\ninformation explaining the object intended to be achieved by the application of—\nthe ethics values generally or a particular ethics value; or\nstandards of conduct generally or a particular standard of conduct; and\nguidelines about the application of an ethics principle, value or standard of conduct; and\nexamples of the operation of an ethics principle, value or standard of conduct; and\nexplanatory notes about an ethics principle, value or standard of conduct; and\nreferences to Acts applying to public officials in performing their official functions.\ns 14 amd 2010 No. 37 s 86\n(sec.14-ssec.1) A code of conduct for a public sector entity may contain anything the responsible authority for the entity considers necessary or useful for achieving the purpose of a code of conduct.\n(sec.14-ssec.2) In particular, a code may provide conduct obligations public officials must comply with.\n(sec.14-ssec.3) A code also may contain— information explaining the purpose of— the ethics values generally or a particular ethics value; or standards of conduct generally or a particular standard of conduct; and information explaining the object intended to be achieved by the application of— the ethics values generally or a particular ethics value; or standards of conduct generally or a particular standard of conduct; and guidelines about the application of an ethics principle, value or standard of conduct; and examples of the operation of an ethics principle, value or standard of conduct; and explanatory notes about an ethics principle, value or standard of conduct; and references to Acts applying to public officials in performing their official functions.\n- (a) information explaining the purpose of— (i) the ethics values generally or a particular ethics value; or (ii) standards of conduct generally or a particular standard of conduct; and\n- (i) the ethics values generally or a particular ethics value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and\n- (b) information explaining the object intended to be achieved by the application of— (i) the ethics values generally or a particular ethics value; or (ii) standards of conduct generally or a particular standard of conduct; and\n- (i) the ethics values generally or a particular ethics value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and\n- (c) guidelines about the application of an ethics principle, value or standard of conduct; and\n- (d) examples of the operation of an ethics principle, value or standard of conduct; and\n- (e) explanatory notes about an ethics principle, value or standard of conduct; and\n- (f) references to Acts applying to public officials in performing their official functions.\n- (i) the ethics values generally or a particular ethics value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and\n- (i) the ethics values generally or a particular ethics value; or\n- (ii) standards of conduct generally or a particular standard of conduct; and","sortOrder":35},{"sectionNumber":"sec.15","sectionType":"section","heading":"Preparation of codes of conduct","content":"### sec.15 Preparation of codes of conduct\n\nThe chief executive officer of a public sector entity must ensure that a code of conduct is prepared for the entity.","sortOrder":36},{"sectionNumber":"sec.16","sectionType":"section","heading":"Consultations in preparation of codes","content":"### sec.16 Consultations in preparation of codes\n\nThis section applies to the preparation of a code of conduct for a public sector entity.\nThe public sector entity’s chief executive officer must ensure that reasonable steps are taken to consult about the code with—\nthe public officials to whom the code is to apply; and\nindustrial organisations representing the interests of any of the officials; and\nother appropriate entities representing the interests of any of the officials.\ns 16 amd 2010 No. 37 s 88\n(sec.16-ssec.1) This section applies to the preparation of a code of conduct for a public sector entity.\n(sec.16-ssec.2) The public sector entity’s chief executive officer must ensure that reasonable steps are taken to consult about the code with— the public officials to whom the code is to apply; and industrial organisations representing the interests of any of the officials; and other appropriate entities representing the interests of any of the officials.\n- (a) the public officials to whom the code is to apply; and\n- (b) industrial organisations representing the interests of any of the officials; and\n- (c) other appropriate entities representing the interests of any of the officials.","sortOrder":37},{"sectionNumber":"sec.17","sectionType":"section","heading":"Approval of codes","content":"### sec.17 Approval of codes\n\nThe responsible authority for a public sector entity may approve a code of conduct prepared under section 15 .\nThe responsible authority may approve the code of conduct only if it is accompanied by a written statement by the chief executive officer outlining—\nthe nature and extent of the consultations that took place during the preparation of the code; and\nthe outcome of the consultations.\nIn deciding whether to approve the code of conduct, the responsible authority must have regard to the statement mentioned in subsection (2) .\nThe code of conduct can not apply to the public sector entity or to a public official of the entity until it is approved by the responsible authority for the entity.\ns 17 amd 2010 No. 37 s 89\n(sec.17-ssec.1) The responsible authority for a public sector entity may approve a code of conduct prepared under section 15 .\n(sec.17-ssec.2) The responsible authority may approve the code of conduct only if it is accompanied by a written statement by the chief executive officer outlining— the nature and extent of the consultations that took place during the preparation of the code; and the outcome of the consultations.\n(sec.17-ssec.3) In deciding whether to approve the code of conduct, the responsible authority must have regard to the statement mentioned in subsection (2) .\n(sec.17-ssec.4) The code of conduct can not apply to the public sector entity or to a public official of the entity until it is approved by the responsible authority for the entity.\n- (a) the nature and extent of the consultations that took place during the preparation of the code; and\n- (b) the outcome of the consultations.","sortOrder":38},{"sectionNumber":"sec.18","sectionType":"section","heading":"Compliance with codes","content":"### sec.18 Compliance with codes\n\nA public official of a public sector entity must comply with the standards of conduct stated in the entity’s code of conduct that apply to the official.\ns 18 amd 2010 No. 37 s 91","sortOrder":39},{"sectionNumber":"sec.19","sectionType":"section","heading":"Access to ethics values and codes of conduct","content":"### sec.19 Access to ethics values and codes of conduct\n\nThe chief executive officer of a public sector entity must ensure that each public official of the entity and each person mentioned in section 13 (1) (c) has reasonable access to a copy of the following—\nthe ethics principles and values;\nthe standards of conduct stated in the entity’s code of conduct that apply to the official or person.\ns 19 sub 2010 No. 37 s 93\n- (a) the ethics principles and values;\n- (b) the standards of conduct stated in the entity’s code of conduct that apply to the official or person.","sortOrder":40},{"sectionNumber":"sec.20","sectionType":"section","heading":"Publication of codes of conduct","content":"### sec.20 Publication of codes of conduct\n\nThe chief executive officer of a public sector entity must publish and keep available for inspection by any person an appropriate number of copies of the entity’s approved code of conduct.\nTo remove any doubt, it is declared that a reference in this section to a person includes a reference to a member of the public.\ns 20 amd 2010 No. 37 s 94\n(sec.20-ssec.1) The chief executive officer of a public sector entity must publish and keep available for inspection by any person an appropriate number of copies of the entity’s approved code of conduct.\n(sec.20-ssec.2) To remove any doubt, it is declared that a reference in this section to a person includes a reference to a member of the public.","sortOrder":41},{"sectionNumber":"sec.21","sectionType":"section","heading":"Education and training","content":"### sec.21 Education and training\n\nThe chief executive officer of a public sector entity must ensure that public officials of the entity are given access to appropriate education and training about public sector ethics.\nIn particular, the education and training must relate to—\nthe operation of this Act; and\nthe application of ethics principles and obligations to the public officials; and\nthe contents of the entity’s approved code of conduct; and\nthe rights and obligations of the officials in relation to contraventions of the approved code of conduct.\ns 21 amd 2010 No. 37 s 95\n(sec.21-ssec.1) The chief executive officer of a public sector entity must ensure that public officials of the entity are given access to appropriate education and training about public sector ethics.\n(sec.21-ssec.2) In particular, the education and training must relate to— the operation of this Act; and the application of ethics principles and obligations to the public officials; and the contents of the entity’s approved code of conduct; and the rights and obligations of the officials in relation to contraventions of the approved code of conduct.\n- (a) the operation of this Act; and\n- (b) the application of ethics principles and obligations to the public officials; and\n- (c) the contents of the entity’s approved code of conduct; and\n- (d) the rights and obligations of the officials in relation to contraventions of the approved code of conduct.","sortOrder":42},{"sectionNumber":"sec.22","sectionType":"section","heading":"Procedures and practices of public sector entities","content":"### sec.22 Procedures and practices of public sector entities\n\nThe chief executive officer of a public sector entity must ensure that the administrative procedures and management practices of the entity have proper regard to—\nthis Act and, in particular, the ethics principles and values; and\nthe entity’s approved code of conduct.\ns 22 amd 2010 No. 37 s 96\n- (a) this Act and, in particular, the ethics principles and values; and\n- (b) the entity’s approved code of conduct.","sortOrder":43},{"sectionNumber":"sec.23","sectionType":"section","heading":"Reporting","content":"### sec.23 Reporting\n\nThe chief executive officer of a public sector entity must ensure that each annual report of the entity includes an implementation statement giving details of the action taken during the reporting period to comply with the following sections—\nsection 15 (Preparation of codes of conduct)\nsection 21 (Education and training)\nsection 22 (Procedures and practices of public sector entities).\ns 23 amd 2010 No. 37 s 97\n- • section 15 (Preparation of codes of conduct)\n- • section 21 (Education and training)\n- • section 22 (Procedures and practices of public sector entities).","sortOrder":44},{"sectionNumber":"pt.5","sectionType":"part","heading":"Disciplinary action","content":"# Disciplinary action","sortOrder":45},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Application of pt 5","content":"### sec.23A Application of pt 5\n\nThis part does not apply to a person mentioned in section 11 (1) (c) or 13 (1) (c) .\ns 23A ins 2010 No. 37 s 100","sortOrder":46},{"sectionNumber":"sec.24","sectionType":"section","heading":"Disciplinary action for contravention of code of conduct or standard of practice","content":"### sec.24 Disciplinary action for contravention of code of conduct or standard of practice\n\nIt is the intention of Parliament that any disciplinary action for a contravention of an approved code of conduct or an approved standard of practice by a public official should be dealt with under—\nif the official is a public service officer—the Public Sector Act 2022 ; or\nif the official is a local government employee—the local government legislation applying to the local government; or\nif the official is not a public service officer or a local government employee but there are disciplinary processes applying to the official—the disciplinary processes; or\nif there are no disciplinary processes applying to the official—the regulations.\ns 24 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2010 No. 37 s 101 ; 2022 No. 34 s 365 sch 3\n- (a) if the official is a public service officer—the Public Sector Act 2022 ; or\n- (b) if the official is a local government employee—the local government legislation applying to the local government; or\n- (c) if the official is not a public service officer or a local government employee but there are disciplinary processes applying to the official—the disciplinary processes; or\n- (d) if there are no disciplinary processes applying to the official—the regulations.","sortOrder":47},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":48},{"sectionNumber":"sec.25","sectionType":"section","heading":"Regulation-making power","content":"### sec.25 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 25 prev s 25 ins 1999 No. 55 s 7\namd 2007 No. 36 s 2 sch\nom 2009 No. 52 s 115 sch 1\npres s 25 (prev s 44 (orig s 25)) renum 1999 No. 55 s 6 ; 2009 No. 52 s 115 sch 1","sortOrder":49},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010","content":"# Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010","sortOrder":50},{"sectionNumber":"sec.26","sectionType":"section","heading":"Codes of conduct for public sector entities","content":"### sec.26 Codes of conduct for public sector entities\n\nThis section applies to a code of conduct that, immediately before the commencement, was an approved code of conduct and in force for a continuing public sector entity.\nThe code continues in force and is taken to be the approved code of conduct for the continuing public sector entity during the transition period.\nIn this section—\ncommencement means the commencement of this section.\ncontinuing public sector entity means an entity, other than a public service agency, that was a public sector entity immediately before the commencement.\ntransition period means the period—\nstarting on the commencement; and\nending on 1 July 2011.\ns 26 prev s 26 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1\npres s 26 ins 2010 No. 37 s 103\n(sec.26-ssec.1) This section applies to a code of conduct that, immediately before the commencement, was an approved code of conduct and in force for a continuing public sector entity.\n(sec.26-ssec.2) The code continues in force and is taken to be the approved code of conduct for the continuing public sector entity during the transition period.\n(sec.26-ssec.3) In this section— commencement means the commencement of this section. continuing public sector entity means an entity, other than a public service agency, that was a public sector entity immediately before the commencement. transition period means the period— starting on the commencement; and ending on 1 July 2011.\n- (a) starting on the commencement; and\n- (b) ending on 1 July 2011.","sortOrder":51},{"sectionNumber":"sec.27","sectionType":"section","heading":"Codes of conduct for public service agencies","content":"### sec.27 Codes of conduct for public service agencies\n\nThis section applies to a code of conduct that, immediately before the commencement, was an approved code of conduct and in force for an entity that is a public service agency on the commencement.\nThe code continues in force and is taken to be the approved code of conduct for the public service agency during the transition period.\nIn this section—\ncommencement means the commencement of this section.\ntransition period means the period—\nstarting on the commencement; and\nending on 1 January 2011.\ns 27 prev s 27 ins 1999 No. 55 s 7\namd 2009 No. 25 s 79\nom 2009 No. 52 s 115 sch 1\npres s 27 ins 2010 No. 37 s 103\n(sec.27-ssec.1) This section applies to a code of conduct that, immediately before the commencement, was an approved code of conduct and in force for an entity that is a public service agency on the commencement.\n(sec.27-ssec.2) The code continues in force and is taken to be the approved code of conduct for the public service agency during the transition period.\n(sec.27-ssec.3) In this section— commencement means the commencement of this section. transition period means the period— starting on the commencement; and ending on 1 January 2011.\n- (a) starting on the commencement; and\n- (b) ending on 1 January 2011.","sortOrder":52},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 ins 1999 No. 55 s 7\namd 2005 No. 28 s 72\nom 2009 No. 52 s 115 sch 1","sortOrder":53},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":54},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 ins 1999 No. 55 s 7\namd 2009 No. 25 s 80\nom 2009 No. 52 s 115 sch 1","sortOrder":55},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":56},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":57},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 ins 1999 No. 55 s 7\namd 2005 No. 28 s 73\nom 2009 No. 52 s 115 sch 1","sortOrder":58},{"sectionNumber":"sec.33A","sectionType":"section","heading":null,"content":"### Section sec.33A\n\ns 33A ins 2005 No. 28 s 74\nom 2009 No. 13 s 213 sch 5","sortOrder":59},{"sectionNumber":"sec.33B","sectionType":"section","heading":null,"content":"### Section sec.33B\n\ns 33B ins 2005 No. 28 s 74\nom 2009 No. 52 s 115 sch 1","sortOrder":60},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 ins 1999 No. 55 s 7\namd 2005 No. 28 s 75 ; 2009 No. 25 s 81\nom 2009 No. 52 s 115 sch 1","sortOrder":61},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":62},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":63},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 ins 1999 No. 55 s 7\namd 2009 No. 25 s 83 sch\nom 2009 No. 52 s 115 sch 1","sortOrder":64},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":65},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":66},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":67},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":68},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":69},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 ins 1999 No. 55 s 7\nom 2009 No. 52 s 115 sch 1","sortOrder":70}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.5(3)","severity":"high","reasoning":"Section 5(3) states ethics values 'are not of themselves legally enforceable'. However, section 12H states a public official 'must comply' with the code of conduct, and section 12 requires that code to be consistent with ethics values. Section 18 does the same for public sector entities. The legal duty to comply with a code that must reflect ethics values makes those values legally operative in substance. The disclaimer in sec.5(3) is functionally hollow.","confidence":0.88,"description":"Ethics values are declared 'not of themselves legally enforceable' yet sec.12H and sec.18 impose mandatory legal compliance obligations on public officials with respect to codes of conduct that must be 'consistent with the ethics values'. The values are thus indirectly legally enforceable via the codes, rendering the disclaimer misleading if not outright false."},{"type":"circular_definition","section":"sec.12C(1)","severity":"medium","reasoning":"Section 12C(1) mandates a review within 1 year of approval under sec.12B. If that review produces an amended code requiring re-approval under sec.12B, sec.12C(1) would again mandate a review within 1 year of that new approval, potentially cycling indefinitely. Section 12C(2) sets a 2-year cycle for 'subsequent' reviews, but it is ambiguous whether a post-amendment re-approval resets the clock back to the 1-year obligation in subsection (1).","confidence":0.72,"description":"The commissioner is required to review the code 'within 1 year after it is approved'. However, a review that results in amendments would require a new approval under sec.12B, potentially triggering another mandatory review within one year in perpetual succession, creating a potential compliance treadmill."},{"type":"other","section":"sec.12G","severity":"medium","reasoning":"Sections 12E and 12F consistently use 'chief executive officer' of the public service agency, but section 12G shifts to 'chief executive of the public service agency'. If the dictionary distinguishes these terms, obligations for preparation, approval and review of the same instrument may fall on legally different persons. This is a drafting inconsistency with potential practical legal consequences.","confidence":0.78,"description":"Section 12G requires the 'chief executive' to review a standard of practice, while section 12E requires the 'chief executive officer' to prepare it and section 12F requires the 'chief executive officer' to provide the consultation statement. The Act uses both 'chief executive' and 'chief executive officer' in relation to the same agency, creating ambiguity about whether these are the same person or different roles."},{"type":"impossible_compliance","section":"sec.12B(1) and sec.12B(4)","severity":"high","reasoning":"The commissioner has a mandatory duty to prepare a code (sec.12A(1)) and the code cannot apply until approved (sec.12B(4)). However, the Premier has only a discretionary power to approve ('may'). There is no mechanism or timeline compelling approval. Public service agencies could be permanently without an enforceable code despite the commissioner fulfilling all obligations, creating an impossible compliance situation for sections that require an 'approved code'.","confidence":0.82,"description":"The Premier 'may' approve the code under sec.12B(1), yet sec.12B(4) prohibits any application of the code until it is approved. Combined with sec.12A(1)'s mandatory obligation on the commissioner to 'ensure that a code of conduct is prepared', this creates a situation where mandatory preparation and consultation can be fulfilled but the Premier is under no obligation to ever approve the code, potentially leaving public service agencies indefinitely without an operative code of conduct."},{"type":"other","section":"sec.23 and sec.15","severity":"low","reasoning":"Once a code has been prepared and approved, there is nothing ongoing to report about 'compliance with section 15' on an annual basis. Section 15 imposes a duty to 'ensure that a code of conduct is prepared' — once done, it is done. Annual reporting on this is a structural absurdity unless the intent was to capture ongoing revision or maintenance, which the section does not say.","confidence":0.75,"description":"Section 23 requires each annual report of a public sector entity to include details of action taken to comply with section 15 (Preparation of codes of conduct). Preparation of a code is a one-time or periodic event, not an ongoing annual obligation. Requiring annual reporting on compliance with a preparation obligation that may have been completed years earlier is logically incoherent."},{"type":"self_contradicting","section":"sec.8(1) and sec.8(2)","severity":"medium","reasoning":"The duty to operate within Ministerial responsibility frameworks (sec.8(1)(c)) and the duty to act independently of government (sec.8(2)) pull in opposite directions. The Act provides no test for when one prevails, beyond the vague triggers of 'required by legislation or government policy, or is a customary feature of the work'. The 'customary feature' trigger is particularly subjective and provides no clear legal standard.","confidence":0.8,"description":"Section 8(1)(c) commits public officials to operating 'within the framework of Ministerial responsibility' while section 8(2) preserves their responsibility to 'act independently of government'. These obligations are presented as co-existing without any hierarchy or resolution mechanism, leaving public officials to navigate an inherent tension without legislative guidance."},{"type":"impossible_compliance","section":"sec.12H","severity":"low","reasoning":"The compliance duty in sec.12H is conditioned on a standard of practice existing and applying, which is contingent on a voluntary decision by the agency to prepare one. This is not inherently absurd but creates an asymmetry: the compliance obligation is framed as mandatory in character ('must comply') yet applies to an instrument whose creation is entirely discretionary.","confidence":0.65,"description":"Section 12H requires a public official to comply with 'any standard of practice that applies to the official'. However, section 12D(1) says a standard of practice 'applies additional standards of conduct' to public officials of a 'particular' public service agency, and section 12E(1) makes preparation of a standard of practice optional ('may prepare'). A compliance obligation cannot be mandatory where the instrument to be complied with may never exist."},{"type":"other","section":"sec.12J(2)","severity":"low","reasoning":"If the Act binds all persons under sec.3 and no restrictive definition of 'person' appears to exclude members of the public, then sec.12J(2)'s clarification adds nothing and instead raises doubt about whether 'person' in other sections might be read to exclude the public — the opposite of the intended effect.","confidence":0.7,"description":"Section 12J(2) states 'to remove any doubt, it is declared that a reference in this section to a person includes a reference to a member of the public'. However, section 3 already declares the Act binds 'all persons, including the State'. The clarification is redundant given the universality of section 3, and its presence implies drafters were uncertain about their own definition of 'person' throughout the Act."}],"contradictions":[{"severity":"high","section_a":"sec.5(3)","section_b":"sec.12H and sec.18","confidence":0.87,"description":"Section 5(3) declares ethics values are 'not of themselves legally enforceable', but sections 12H and 18 impose mandatory compliance obligations on public officials with respect to codes of conduct that must be prepared consistently with those ethics values (per sections 12 and 14). The values are therefore legally operative through the codes, directly contradicting the non-enforceability declaration."},{"severity":"high","section_a":"sec.12A(1)","section_b":"sec.12B(1)","confidence":0.83,"description":"Section 12A(1) imposes a mandatory obligation on the commissioner to 'ensure that a code of conduct is prepared', but section 12B(1) gives the Premier only a discretionary power to approve it ('may approve'). A mandatory preparatory obligation is rendered potentially nugatory by an optional approval power with no required timeframe, creating a structural gap where the mandatory duty can be fulfilled but the operative outcome (an approved code) may never materialise."},{"severity":"high","section_a":"sec.8(1)(c)","section_b":"sec.8(2)","confidence":0.82,"description":"Section 8(1)(c) requires public officials to 'operate within the framework of Ministerial responsibility', while section 8(2) preserves their duty to 'act independently of government'. No hierarchy or resolution mechanism is provided to determine which obligation prevails in cases of conflict, leaving officials exposed to breach of one provision in order to comply with the other."},{"severity":"low","section_a":"sec.12E(1)","section_b":"sec.12H","confidence":0.65,"description":"Section 12E(1) provides that a public service agency 'may prepare its own standard of practice' (discretionary), but section 12H mandates that a public official 'must comply' with any standard of practice that applies. The mandatory compliance obligation in sec.12H sits in tension with the entirely voluntary nature of creating the instrument to be complied with."},{"severity":"medium","section_a":"sec.12G","section_b":"sec.12E and sec.12F","confidence":0.76,"description":"Sections 12E and 12F refer to the 'chief executive officer' of a public service agency as the person responsible for preparing and providing consultation statements for a standard of practice. Section 12G refers to the 'chief executive' of the public service agency as the person responsible for reviewing that same standard. The inconsistent use of titles within the same legislative scheme may assign overlapping or duplicative obligations to legally distinct officeholders."},{"severity":"medium","section_a":"sec.6(b)","section_b":"sec.8(1)(b)","confidence":0.73,"description":"Section 6(b) requires public officials to provide advice that is 'independent' and 'impartial', while section 8(1)(b) requires them to be 'committed to effecting official public sector priorities, policies and decisions'. Implementing government policy decisions is not the same as providing independent advice; officials directed to implement a policy outcome may be structurally unable to simultaneously provide independent advice about its merits."},{"severity":"low","section_a":"sec.12C(1)","section_b":"sec.12C(2)","confidence":0.68,"description":"Section 12C(1) requires a review within 1 year of approval. Section 12C(2) requires 'subsequent' reviews no later than 2 years after the 'previous review'. It is ambiguous whether the initial review under subsection (1) constitutes the 'previous review' for the purposes of subsection (2), or whether a further triggering event is required. If each approved amendment to a code restarts the sec.12C(1) clock, it may prevent the more generous sec.12C(2) cycle from ever applying."}]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The text shows substantive structural changes and additions since the Act’s original form. Examples in the provided text include relocation of definitions to the schedule (s.2 note) and later insertions and amendments introducing a central code preparation/approval framework, standards of practice for agencies, and new reporting linkages to the Public Sector Act 2022 (secs.12A–12C, 12D–12G, 12M). The Act now sets out explicit roles for the commissioner and the Premier in preparing and approving public service agency codes (secs.12A–12B), and for chief executives and responsible authorities in preparing, consulting on, approving and reporting on entity and agency codes and standards (secs.12E–12F, 15–17). These additions expand procedural requirements (consultation statements, review timetables, education/training and publication duties) compared with the basic rule-making and principles declarations and therefore changed the operational scope of the Act by adding detailed administrative, consultation, approval and reporting responsibilities (see secs.12C, 12G, 12I–12K, 12M, 17, 23)."},"complexity_factors":["Multiple decision-makers with distinct powers (commissioner, Premier, responsible authority, chief executives) — secs.12A–12B, 12F, 17, 12E","Layered approval, consultation and documentation requirements that affect timing and implementation — secs.12A(2), 12B(2)–(4), 12F(2)–(4), 16, 17(2)","Separate but linked regimes for public service agencies and other public sector entities with overlapping but differing approval routes — pts.4-div.2 and 3 (secs.11–21, 13–20)","Periodic review and reporting cycles (initial review within 1 year, then every 2 years) adding ongoing compliance — secs.12C, 12G, 12M, 23","Broad content discretion for codes of conduct and standards of practice, allowing variable scope and depth across agencies/entities — secs.12, 14, 12D","Provision for codes/standards to apply to non-officials (contractors, volunteers, students) expands legal and operational reach beyond employees — secs.11(1)(c), 12D(3), 13(1)(c)","Mandated education, publication and administrative alignment obligations create operational and budgetary tasks for each agency/entity — secs.12I–12K, 12J, 12L, 21, 22","Delegation of disciplinary enforcement to other statutes or regulations requires cross-referencing and coordination with other legal frameworks — sec.24","Amendment history and cross-references to the Public Sector Act 2022 introduce dependency on external instruments (sec.12M referencing Public Sector Act 2022, s.207(2)(i))"],"plain_english_summary":"What this law does, mechanically\n\n- Declares a short set of ethics principles (integrity and impartiality; promoting the public good; commitment to the system of government; accountability and transparency) as fundamental to public administration (sec.4).\n- States that a set of more detailed ethics values apply to public service agencies, public sector entities and public officials; those values provide the basis for codes of conduct but are not by themselves directly enforceable (sec.5; div.2, secs.6–9).\n- Requires codes of conduct for both public service agencies and other public sector entities and sets out what those codes may contain (purpose, standards of conduct, guidance, examples, references to other Acts) (secs.10, 12, 14).\n- Sets out who must prepare, consult on, approve, publish and review codes and standards of practice, and the respective decision-makers involved: the public sector “commissioner” and the Premier for public service agency codes (secs.12A–12C, 12F, 12B), the responsible authority for each public sector entity for entity codes (secs.15–17).  Chief executives of agencies/entities have specific preparation, consultation, publication, training and reporting duties (secs.12E, 12I–12J, 12K–12L, 12M; secs.15–16, 19–23).\n- Permits codes and agency standards of practice to apply not only to public officials but, where specified, to contractors, volunteers and students on work experience (secs.11(1)(c), 12D(3), 13(1)(c)).\n- Makes compliance by public officials mandatory with any approved code or applicable standard of practice (secs.12H, 18).\n- Requires periodic review of the central code and of agency standards of practice (initial review within 1 year, then every 2 years) (secs.12C, 12G).\n- Requires agencies/entities to provide ethics education and training as part of induction and at regular intervals, and to align administrative procedures with the Act and approved codes (secs.12K, 21, 12L, 22).\n- Requires specified implementation statements to be included in agency annual reports and in the commission’s reports under the Public Sector Act 2022 (sec.12M; sec.23).\n- States that disciplinary action for contraventions is intended to be handled under other disciplinary frameworks (Public Sector Act 2022, local government legislation, other disciplinary processes, or regulations) rather than directly by this Act (sec.24).\n- Grants the Governor in Council power to make regulations under the Act (sec.25).\n\nWho this affects and who decides\n\n- Affects: public service agencies, public sector entities, their public officials, and, where a code or standard specifically extends to them, contractors, volunteers and students (secs.5, 11(1)(c), 13(1)(c), 12D(3)).\n- Who decides: the commissioner prepares the central public service agency code and may approve agency standards (secs.12A, 12F); the Premier must approve the central public service agency code before it applies (sec.12B); responsible authorities approve individual public sector entity codes (sec.17); chief executives implement consultation, training, publication and reporting obligations (secs.12E, 12I–12K, 12J, 12M).\n\nWhy it matters (purpose claims and practical implications)\n\n- The Act explicitly frames its purpose as setting out ethics principles and values to underpin codes of conduct and behaviour standards for the public sector (sec.4; sec.5; sec.10). It therefore creates a formal structure for defining, communicating and enforcing ethical expectations.\n\nTrade-offs, costs and incentives (source-linked)\n\n- Who pays: the compliance costs fall mainly on public service agencies and public sector entities (chief executives must publish codes, provide training, review standards, and include implementation statements in annual reports — secs.12I–12J, 12K, 12G, 12M; secs.19–20, 21, 23). These are administrative and recurrent costs of policy development, consultation, publication and staff training.\n- Who decides and where discretion lies: the commissioner and the Premier (for the central public service code) and responsible authorities (for entity codes) have approval and review powers (secs.12A–12B, 12F, 17). The statute also gives the commissioner and responsible authorities broad discretion about what to include in codes and standards (secs.12, 14). That discretion creates implementation choices for administrators.\n- Incentives created: because approval requires the commissioner’s or responsible authority’s consideration of consultation statements and outcomes, preparers have an incentive to document and conduct consultations (secs.12A(2), 12B(2), 12E(3), 12F(2), 16, 17(2)).\n- Compliance burden and opportunity cost: recurring review cycles (initial review within 1 year then every 2 years — secs.12C, 12G), publication and training obligations (secs.12J, 12K, 21) require sustained administrative effort and budget allocation that could be diverted from other activities.\n- Effect on external parties: codes may be written to apply to contractors, volunteers and students, thereby potentially imposing contractual or operational obligations on private parties who work with the public sector (secs.11(1)(c), 12D(3), 13(1)(c)).\n- Interaction with other legal frameworks: the Act delegates disciplinary consequences to other Acts and processes (sec.24) and explicitly links reporting to the Public Sector Act 2022 (sec.12M referencing Public Sector Act 2022, s.207(2)(i)), which means enforcement and sanctioning are implemented through separate statutory regimes.\n\nImplementation and operational risks\n\n- Approval steps (commissioner/Premier or responsible authority) and required consultation statements could delay when a code or standard takes effect (secs.12B(4), 12F(4), 17(4)).\n- Broad drafting power given to the commissioner and responsible authorities over code contents (secs.12, 14) means codes may vary materially across agencies/entities, which could create inconsistency in application unless managed by central guidance (secs.12E permits commissioner to issue guidelines).\n\nConcrete, source-cited summary points\n\n- Ethics principles declared fundamental (sec.4).\n- Ethics values apply to agencies/entities/officials and underpin, but do not themselves enforce, codes (sec.5).\n- Codes required; content permissively defined; may include enforceable conduct obligations (secs.10, 12, 14).\n- Commissioner prepares central code, must consult, and the Premier approves the central code (secs.12A–12B). Commissioner approves agency standards; chief executives prepare and consult on agency standards and codes (secs.12E, 12F).\n- Public officials must comply with approved codes and applicable standards (secs.12H, 18).\n- Agencies/entities must publish codes, give staff access, provide training, and include implementation statements in reports (secs.12I–12J, 12K–12M; secs.19–23).\n- Disciplinary measures are to be applied under other statutes or processes (sec.24).\n\nThis description is based only on the text provided (sections cited above). It sets out the mechanical changes the Act requires, the official purposes claimed in the text, and the immediate practical implications for who implements, who pays, and where administrative discretion and recurring compliance obligations arise."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1994 Act appears to have been substantially restructured and expanded by the Integrity Reform (Miscellaneous Amendments) Act 2010. The current version shows extensive amendments from 2010 that replaced entire Parts (notably Part 4 on codes of conduct) and added detailed procedural requirements for preparation, consultation, approval, review, and reporting that likely didn't exist in the original. The Act has also been updated to reference the Public Sector Act 2022, indicating ongoing expansion of scope to cover new employment frameworks. The inclusion of specific standards of practice for individual agencies (sections 12D-12G) and detailed education/training mandates (sections 12K, 21) suggests the legislation has grown from a simple statement of principles into a comprehensive administrative compliance framework."},"complexity_factors":["Multiple layers of instruments: principles → values → codes of conduct → standards of practice, creating a nested hierarchy","Different approval and consultation requirements for public service agencies (Part 4 Division 2) versus public sector entities (Part 4 Division 3)","Cross-references to other legislation including the Public Sector Act 2022 and local government legislation for disciplinary processes","Extensive use of defined terms located in a separate Schedule dictionary rather than the body of the Act","Transitional provisions with specific expiry dates (1 July 2011, 1 January 2011) that are now historical but remain in the text","Multiple amendment history notes throughout (1999, 2005, 2009, 2010, 2012, 2022) creating visual clutter","Distinction between legally enforceable codes and non-enforceable principles/values requires careful parsing"],"plain_english_summary":"This Queensland law sets out the ethical framework for everyone working in the public sector. It establishes four core principles—integrity, promoting the public good, commitment to the system of government, and accountability—and translates these into specific values that guide how public servants should behave. The Act requires government agencies and public sector entities to develop codes of conduct based on these values, consult with staff when creating them, and get them approved by the appropriate authority (the Premier for public service agencies, or the entity's responsible authority for others). Public officials must comply with these codes, and agencies must provide training, ensure access to the codes, and report on implementation. While the ethics principles and values themselves aren't legally enforceable on their own, the codes of conduct developed under this Act are binding, and breaching them can lead to disciplinary action under relevant employment laws."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has broadened significantly from its original 1994 form. The 2010 Integrity Reform amendments substantially restructured the Act, introducing the public service agency/public sector entity distinction, creating the standards of practice mechanism, adding detailed obligations around code preparation, approval, review, publication, training, and reporting, and explicitly extending potential coverage to contractors, volunteers, and students. The original Act appears to have been a shorter, higher-level declaration of principles; the current form is a detailed administrative framework with mandatory procedural requirements on agency heads."},"complexity_factors":["Two-tier structure covering both 'public service agencies' and 'public sector entities' with separate but overlapping obligations","Multiple layers of instruments: ethics principles → ethics values → codes of conduct → standards of practice","Different approval pathways depending on entity type (Premier approves public service code; responsible authority approves entity codes; Commissioner approves standards of practice)","Disciplinary consequences are not self-contained — the Act cross-references multiple other Acts (Public Sector Act 2022, local government legislation, regulations)","The distinction between ethics values (not directly enforceable) and codes of conduct (enforceable) is a subtle but legally significant point","Significant amendment history with sections inserted, substituted, and omitted across multiple amending Acts, making the legislative history difficult to track","Defined terms (commissioner, responsible authority, public sector entity, public service agency) carry specific technical meanings that affect how obligations apply"],"plain_english_summary":"## What This Law Does\n\nThe *Public Sector Ethics Act 1994* is a Queensland law that sets the ethical standards for how government employees and agencies must behave. Think of it as the rulebook for public servants — from frontline workers to senior executives.\n\n## Who It Affects\n\n- **Public officials** — anyone working for a Queensland government agency or body (public servants, council employees, statutory authority staff)\n- **Public service agencies** — government departments and offices\n- **Public sector entities** — other government-run bodies (like statutory authorities)\n- **Contractors, volunteers, and work experience students** — if they have an agreement with a government agency, they can also be covered\n\nImportantly, the Act binds **everyone, including the State itself** — the government can't exempt itself.\n\n## The Four Core Ethics Principles\n\nThe Act declares four principles as fundamental to good government:\n1. **Integrity and impartiality** — be honest, fair, and politically neutral\n2. **Promoting the public good** — serve the people of Queensland, not private interests\n3. **Commitment to the system of government** — respect and uphold the law and democratic structures\n4. **Accountability and transparency** — be open, diligent, and answerable for your actions\n\n## How It Works in Practice\n\nThese principles flow down into **ethics values** (more detailed expectations), which then form the basis of **codes of conduct** — the specific rules public officials must actually follow.\n\n**For government departments (public service agencies):**\n- A single, whole-of-government code of conduct is prepared by the Public Sector Commissioner (a senior official responsible for overseeing the public service) and must be approved by the Premier\n- Individual agencies can also create their own **standards of practice** (agency-specific rules that add to the main code), approved by the Commissioner\n- Agency heads must ensure staff are trained on ethics, have access to the code, and that the agency's own procedures reflect these values\n- The code must be publicly available for anyone to inspect\n\n**For other government bodies (public sector entities like councils or statutory authorities):**\n- Each entity prepares its own code of conduct, approved by its own responsible authority (e.g., a board or minister)\n- Similar obligations apply around training, access, and publication\n\n## What Happens If You Break the Rules?\n\nBreaching a code of conduct can lead to **disciplinary action** — but this Act doesn't handle the discipline itself. Instead, it points to other laws:\n- Public servants → dealt with under the *Public Sector Act 2022*\n- Local government employees → dealt with under local government laws\n- Others → their own disciplinary processes, or regulations if none exist\n\n⚠️ **Important:** The ethics values themselves are **not directly legally enforceable** on their own — it's the codes of conduct built from them that carry legal weight.\n\n## Why It Matters\n\nThis law creates a framework of accountability that affects millions of Queenslanders — both as public servants who must follow it, and as members of the public who benefit from (and can inspect) it. It ensures government workers put the public interest first, not their own or their employer's."}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-ethics-act-1994","history":"/api/acts/public-sector-ethics-act-1994/history","analysis":"/api/acts/public-sector-ethics-act-1994/analysis","conflicts":"/api/acts/public-sector-ethics-act-1994/conflicts","importantCases":"/api/acts/public-sector-ethics-act-1994/important-cases","documents":"/api/acts/public-sector-ethics-act-1994/documents"}}