The Act declares core ethics principles and requires public service agencies and other public sector entities to adopt approved codes of conduct and standards—applicable to officials and, where specified, contractors, volunteers and students. It makes compliance mandatory and requires publication, training, regular review and reporting. The commissioner (and the Premier for the central agency code) and responsible authorities approve codes, while disciplinary enforcement is left to existing statutory frameworks.
This Act establishes an ethics framework for Queensland public administration by declaring high-level ethics principles and a set of ethics values, and by mandating the creation, approval, publication, training and review of codes of conduct and agency-specific standards of practice. The Act distinguishes between non‑enforceable values and enforceable conduct obligations contained in approved codes or standards. The ethics principles are declared fundamental (s 4) and the ethics values are stated to apply to public service agencies, public sector entities and public officials (s 5). The Act requires a code of conduct to be prepared for public service agencies by the commissioner (s 12A), and for public sector entities by the entity’s chief executive officer (s 15). Approval processes differ: the Premier must approve the public service agency code (s 12B) while the responsible authority approves an entity’s code (s 17); standards of practice for a public service agency require commissioner approval (s 12F). An approved code or standard does not apply until it is approved (s 12B(4), s 12F(4), s 17(4)).
The Act sets mandatory compliance obligations for public officials: they must comply with the agency code and any applicable standard of practice (s 12H) or, for public sector entities, with the standards of conduct in the entity’s approved code (s 18). It also prescribes administrative requirements for agencies and entities: ensuring reasonable access to ethics materials (s 12I, s 19), publishing copies for inspection (s 12J, s 20), providing ethics education and training (s 12K, s 21), embedding ethics in administrative procedures and practices (s 12L, s 22), and reporting implementation in annual reports (s 12M, s 23). The Act contemplates disciplinary responses but delegates the substantive disciplinary mechanisms to other instruments: disciplinary action is to be dealt with under the Public Sector Act 2022 for public service officers, relevant local government legislation for local government employees, existing disciplinary processes where they exist, or regulations where none exist (s 24). The Governor in Council retains regulation‑making power (s 25). Transitional provisions address continuity of pre‑existing codes during specified transition periods (ss 26-27).
Current sections
Direct links to the current provisions in Public Sector Ethics Act 1994.
71
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Public Sector Ethics Act 1994 .
sec.2
Definitions
sec.2 Definitions
The dictionary in the schedule defines particular words used in this Act.
s 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.
amd 1999 No. 55 s 4 (1)
sec.3
Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State.
pt.2
Ethics principles
Ethics principles
sec.4
Declaration of ethics principles
sec.4 Declaration of ethics principles
The ethics principles mentioned in subsection (2) are declared to be fundamental to good public administration.
The ethics principles are—
integrity and impartiality
promoting the public good
commitment to the system of government
accountability and transparency.
s 4 amd 2010 No. 37 s 82
(sec.4-ssec.1) The ethics principles mentioned in subsection (2) are declared to be fundamental to good public administration.
(sec.4-ssec.2) The ethics principles are— integrity and impartiality promoting the public good commitment to the system of government accountability and transparency.
• integrity and impartiality
• promoting the public good
• commitment to the system of government
• accountability and transparency.
pt.3
Ethics values
Ethics values
pt.3-div.1
Nature, purpose and application of ethics values
Nature, purpose and application of ethics values
sec.5
Nature, purpose and application of values
sec.5 Nature, purpose and application of values
In recognition of the ethics principles, ethics values are to apply to public service agencies, public sector entities and public officials.
The values mentioned in division 2 are the ethics values for public service agencies, public sector entities and public officials.
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.
s 5 sub 2010 No. 37 s 83
(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.
(sec.5-ssec.2) The values mentioned in division 2 are the ethics values for public service agencies, public sector entities and public officials.
(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.
pt.3-div.2
The ethics values
The ethics values
sec.6
Integrity and impartiality
sec.6 Integrity and impartiality
In 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—
are committed to the highest ethical standards; and
accept and value their duty to provide advice which is objective, independent, apolitical and impartial; and
show respect towards all persons, including employees, clients and the general public; and
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
are committed to honest, fair and respectful engagement with the community.
s 6 sub 2010 No. 37 s 83
(a) are committed to the highest ethical standards; and
(b) accept and value their duty to provide advice which is objective, independent, apolitical and impartial; and
(c) show respect towards all persons, including employees, clients and the general public; and
(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
(e) are committed to honest, fair and respectful engagement with the community.
sec.7
Promoting the public good
sec.7 Promoting the public good
In 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—
accept and value their duty to be responsive to both the requirements of government and to the public interest; and
accept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions; and
accept and value their duty to manage public resources effectively, efficiently and economically; and
value and seek to achieve excellence in service delivery; and
value and seek to achieve enhanced integration of services to better service clients.
s 7 sub 2010 No. 37 s 83
(a) accept and value their duty to be responsive to both the requirements of government and to the public interest; and
(b) accept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions; and
(c) accept and value their duty to manage public resources effectively, efficiently and economically; and
(d) value and seek to achieve excellence in service delivery; and
(e) value and seek to achieve enhanced integration of services to better service clients.
sec.8
Commitment to the system of government
sec.8 Commitment to the system of government
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.
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.
s 8 sub 2010 No. 37 s 83
(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.
(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.
(a) accept and value their duty to uphold the system of government and the laws of the State, the Commonwealth and local government; and
(b) are committed to effecting official public sector priorities, policies and decisions professionally and impartially; and
(c) accept and value their duty to operate within the framework of Ministerial responsibility to government, the Parliament and the community.
sec.9
Accountability and transparency
sec.9 Accountability and transparency
In recognition that public trust in public office requires high standards of public administration, public service agencies, public sector entities and public officials—
are committed to exercising proper diligence, care and attention; and
are committed to using public resources in an effective and accountable way; and
are committed to managing information as openly as practicable within the legal framework; and
value and seek to achieve high standards of public administration; and
value and seek to innovate and continuously improve performance; and
value and seek to operate within a framework of mutual obligation and shared responsibility between public service agencies, public sector entities and public officials.
s 9 amd 2009 No. 52 s 115 sch 1
sub 2010 No. 37 s 83
(a) are committed to exercising proper diligence, care and attention; and
(b) are committed to using public resources in an effective and accountable way; and
(c) are committed to managing information as openly as practicable within the legal framework; and
(d) value and seek to achieve high standards of public administration; and
(e) value and seek to innovate and continuously improve performance; and
(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.
pt.4
Codes of conduct for public officials
Codes of conduct for public officials
pt.4-div.1
Codes of conduct generally
Codes of conduct generally
sec.10
Nature and purpose of codes
sec.10 Nature and purpose of codes
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.
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.
s 10 prev s 10 om 2010 No. 37 s 83
pres s 10 ins 2010 No. 37 s 85
(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.
(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.
pt.4-div.2
Public service agencies
Public service agencies
sec.11
Application of code
sec.11 Application of code
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
The code may make different provision, consistent with the ethics values, for different types of—
public officials; or
persons mentioned in subsection (1) (c) .
s 11 prev s 11 om 2010 No. 37 s 83
pres s 11 ins 2010 No. 37 s 85
(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
(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) .
(a) must relate to all public service agencies; and
(b) applies to all public officials of a public service agency; and
(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
• contractors with the agency and their employees
• volunteers with the agency
• students on work experience with the agency
• contractors with the agency and their employees
• volunteers with the agency
• students on work experience with the agency
(a) public officials; or
(b) persons mentioned in subsection (1) (c) .
sec.12
Contents of code
sec.12 Contents of code
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.
In particular, the code may provide conduct obligations public officials must comply with.
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.
s 12 sub 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(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.
(sec.12-ssec.2) In particular, the code may provide conduct obligations public officials must comply with.
(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.
(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
(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
(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
(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
(c) guidelines about the application of an ethics principle, value or standard of conduct; and
(d) examples of the operation of an ethics principle, value or standard of conduct; and
(e) explanatory notes about an ethics principle, value or standard of conduct; and
(f) references to Acts applying to public officials in performing their official functions.
(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
(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
sec.12A
Preparation of code
sec.12A Preparation of code
The commissioner must ensure that a code of conduct is prepared for public service agencies.
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) .
s 12A ins 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(sec.12A-ssec.1) The commissioner must ensure that a code of conduct is prepared for public service agencies.
(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) .
(a) public service agencies; and
(b) public officials to whom the code is to apply; and
(c) industrial organisations representing the interests of a public official mentioned in paragraph (b) ; and
(d) other appropriate entities representing the interests of a public official mentioned in paragraph (b) .
sec.12B
Approval of code
sec.12B Approval of code
The Premier may approve a code of conduct for public service agencies prepared under section 12A .
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.
In deciding whether to approve the code, the Premier must have regard to the statement mentioned in subsection (2) .
The code can not apply to a public service agency or a public official of the agency until it is approved by the Premier.
s 12B ins 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(sec.12B-ssec.1) The Premier may approve a code of conduct for public service agencies prepared under section 12A .
(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.
(sec.12B-ssec.3) In deciding whether to approve the code, the Premier must have regard to the statement mentioned in subsection (2) .
(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.
(a) the nature and extent of the consultations that took place during the preparation of the code; and
(b) the outcome of the consultations.
sec.12C
Review of code
sec.12C Review of code
The commissioner must review the code of conduct for public service agencies within 1 year after it is approved under section 12B .
The commissioner must subsequently review the code no later than 2 years after the previous review.
s 12C ins 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(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 .
(sec.12C-ssec.2) The commissioner must subsequently review the code no later than 2 years after the previous review.
sec.12D
Nature and application of a standard of practice
sec.12D Nature and application of a standard of practice
A standard of practice applies additional standards of conduct and behaviour to public officials of a particular public service agency.
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.
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
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) .
s 12D ins 2010 No. 37 s 85
(sec.12D-ssec.1) A standard of practice applies additional standards of conduct and behaviour to public officials of a particular public service agency.
(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.
(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
(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) .
(a) have regard to the ethics principles and values; and
(b) support the standards of conduct in the code of conduct for public service agencies.
(a) applies to all public officials of the public service agency; and
(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
• contractors with the agency and their employees
• volunteers with the agency
• students on work experience with the agency
• contractors with the agency and their employees
• volunteers with the agency
• students on work experience with the agency
(a) public officials of the agency; or
(b) persons mentioned in subsection (3) (b) .
sec.12E
Preparation of standard
sec.12E Preparation of standard
A public service agency may prepare its own standard of practice.
The commissioner may issue guidelines for the preparation of a standard of practice by a public service agency.
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) .
s 12E ins 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(sec.12E-ssec.1) A public service agency may prepare its own standard of practice.
(sec.12E-ssec.2) The commissioner may issue guidelines for the preparation of a standard of practice by a public service agency.
(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) .
(a) public officials to whom the standard is to apply; and
(b) industrial organisations representing the interests of a public official mentioned in paragraph (a) ; and
(c) other appropriate entities representing the interests of a public official mentioned in paragraph (a) .
sec.12F
Approval of standard
sec.12F Approval of standard
The commissioner may approve a standard of practice for a public service agency.
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.
In deciding whether to approve the standard of practice, the commissioner must have regard to the statement mentioned in subsection (2) .
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.
s 12F ins 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(sec.12F-ssec.1) The commissioner may approve a standard of practice for a public service agency.
(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.
(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) .
(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.
(a) the nature and extent of the consultations that took place during the preparation of the standard of practice; and
(b) the outcome of the consultations.
sec.12G
Review of standard
sec.12G Review of standard
The chief executive of the public service agency must review a standard of practice for an agency within 1 year after it is approved.
The chief executive of the public service agency must subsequently review the standard of practice no later than 2 years after the previous review.
s 12G ins 2010 No. 37 s 85
(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.
(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.
sec.12H
Compliance with code and standard of practice
sec.12H Compliance with code and standard of practice
A 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.
s 12H ins 2010 No. 37 s 85
sec.12I
Access to ethics principles and values, and code of conduct
sec.12I Access to ethics principles and values, and code of conduct
The 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—
the ethics principles and values;
the standards of conduct stated in the code of conduct for public service agencies that apply to the official or person;
any standard of practice that applies to the official or person.
s 12I ins 2010 No. 37 s 85
(a) the ethics principles and values;
(b) the standards of conduct stated in the code of conduct for public service agencies that apply to the official or person;
(c) any standard of practice that applies to the official or person.
sec.12J
Publication of code of conduct and standards of practice
sec.12J Publication of code of conduct and standards of practice
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.
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.
s 12J ins 2010 No. 37 s 85
(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.
(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.
sec.12K
Education and training
sec.12K Education and training
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.
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.
s 12K ins 2010 No. 37 s 85
sub 2012 No. 22 s 21
(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.
(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.
(a) as part of an induction program; and
(b) at regular intervals during the officials’ employment.
(a) the operation of this Act;
(b) the application of ethics principles and obligations to the public officials;
(c) the contents of the approved code of conduct for public service agencies;
(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.
(i) the approved code of conduct for public service agencies; and
(ii) any approved standard of practice.
(i) the approved code of conduct for public service agencies; and
(ii) any approved standard of practice.
sec.12L
Procedures and practices of public service agencies
sec.12L Procedures and practices of public service agencies
The chief executive officer of a public service agency must ensure that the administrative procedures and management practices of the agency have proper regard to—
this Act and, in particular, the ethics principles and values; and
the approved code of conduct for public service agencies; and
any standard of practice applying to the agency.
s 12L ins 2010 No. 37 s 85
(a) this Act and, in particular, the ethics principles and values; and
(b) the approved code of conduct for public service agencies; and
(c) any standard of practice applying to the agency.
sec.12M
Reporting
sec.12M Reporting
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 .
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 .
s 12M ins 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(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 .
(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 .
(a) the implementation during the reporting period of the code of conduct for public service agencies;
(b) details of the action taken during the reporting period to comply with section 12A .
(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;
(b) details of the action taken during the reporting period to comply with sections 12K and 12L .
pt.4-div.3
Public sector entities
Public sector entities
sec.13
Application of codes
sec.13 Application of codes
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
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) .
s 13 sub 2010 No. 37 s 85
(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
(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) .
(a) must relate to the particular public sector entity; and
(b) applies to all public officials of the entity; and
(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
• contractors with the entity and their employees
• volunteers with the entity
• students on work experience with the entity
• contractors with the entity and their employees
• volunteers with the entity
• students on work experience with the entity
(a) public officials; or
(b) persons mentioned in subsection (1) (c) .
sec.14
Contents of codes
sec.14 Contents of codes
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.
In particular, a code may provide conduct obligations public officials must comply with.
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.
s 14 amd 2010 No. 37 s 86
(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.
(sec.14-ssec.2) In particular, a code may provide conduct obligations public officials must comply with.
(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.
(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
(i) the ethics values generally or a particular ethics value; or
(ii) standards of conduct generally or a particular standard of conduct; and
(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
(i) the ethics values generally or a particular ethics value; or
(ii) standards of conduct generally or a particular standard of conduct; and
(c) guidelines about the application of an ethics principle, value or standard of conduct; and
(d) examples of the operation of an ethics principle, value or standard of conduct; and
(e) explanatory notes about an ethics principle, value or standard of conduct; and
(f) references to Acts applying to public officials in performing their official functions.
(i) the ethics values generally or a particular ethics value; or
(ii) standards of conduct generally or a particular standard of conduct; and
(i) the ethics values generally or a particular ethics value; or
(ii) standards of conduct generally or a particular standard of conduct; and
sec.15
Preparation of codes of conduct
sec.15 Preparation of codes of conduct
The chief executive officer of a public sector entity must ensure that a code of conduct is prepared for the entity.
sec.16
Consultations in preparation of codes
sec.16 Consultations in preparation of codes
This section applies to the preparation of a code of conduct for a public sector entity.
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.
s 16 amd 2010 No. 37 s 88
(sec.16-ssec.1) This section applies to the preparation of a code of conduct for a public sector entity.
(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.
(a) the public officials to whom the code is to apply; and
(b) industrial organisations representing the interests of any of the officials; and
(c) other appropriate entities representing the interests of any of the officials.
sec.17
Approval of codes
sec.17 Approval of codes
The responsible authority for a public sector entity may approve a code of conduct prepared under section 15 .
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.
In deciding whether to approve the code of conduct, the responsible authority must have regard to the statement mentioned in subsection (2) .
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.
s 17 amd 2010 No. 37 s 89
(sec.17-ssec.1) The responsible authority for a public sector entity may approve a code of conduct prepared under section 15 .
(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.
(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) .
(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.
(a) the nature and extent of the consultations that took place during the preparation of the code; and
(b) the outcome of the consultations.
sec.18
Compliance with codes
sec.18 Compliance with codes
A 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.
s 18 amd 2010 No. 37 s 91
sec.19
Access to ethics values and codes of conduct
sec.19 Access to ethics values and codes of conduct
The 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—
the ethics principles and values;
the standards of conduct stated in the entity’s code of conduct that apply to the official or person.
s 19 sub 2010 No. 37 s 93
(a) the ethics principles and values;
(b) the standards of conduct stated in the entity’s code of conduct that apply to the official or person.
sec.20
Publication of codes of conduct
sec.20 Publication of codes of conduct
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.
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.
s 20 amd 2010 No. 37 s 94
(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.
(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.
sec.21
Education and training
sec.21 Education and training
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.
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.
s 21 amd 2010 No. 37 s 95
(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.
(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.
(a) the operation of this Act; and
(b) the application of ethics principles and obligations to the public officials; and
(c) the contents of the entity’s approved code of conduct; and
(d) the rights and obligations of the officials in relation to contraventions of the approved code of conduct.
sec.22
Procedures and practices of public sector entities
sec.22 Procedures and practices of public sector entities
The chief executive officer of a public sector entity must ensure that the administrative procedures and management practices of the entity have proper regard to—
this Act and, in particular, the ethics principles and values; and
the entity’s approved code of conduct.
s 22 amd 2010 No. 37 s 96
(a) this Act and, in particular, the ethics principles and values; and
(b) the entity’s approved code of conduct.
sec.23
Reporting
sec.23 Reporting
The 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—
section 15 (Preparation of codes of conduct)
section 21 (Education and training)
section 22 (Procedures and practices of public sector entities).
s 23 amd 2010 No. 37 s 97
• section 15 (Preparation of codes of conduct)
• section 21 (Education and training)
• section 22 (Procedures and practices of public sector entities).
pt.5
Disciplinary action
Disciplinary action
sec.23A
Application of pt 5
sec.23A Application of pt 5
This part does not apply to a person mentioned in section 11 (1) (c) or 13 (1) (c) .
s 23A ins 2010 No. 37 s 100
sec.24
Disciplinary action for contravention of code of conduct or standard of practice
sec.24 Disciplinary action for contravention of code of conduct or standard of practice
It 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—
if the official is a public service officer—the Public Sector Act 2022 ; or
if the official is a local government employee—the local government legislation applying to the local government; or
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
if there are no disciplinary processes applying to the official—the regulations.
s 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
(a) if the official is a public service officer—the Public Sector Act 2022 ; or
(b) if the official is a local government employee—the local government legislation applying to the local government; or
(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
(d) if there are no disciplinary processes applying to the official—the regulations.
pt.6
Miscellaneous
Miscellaneous
sec.25
Regulation-making power
sec.25 Regulation-making power
The Governor in Council may make regulations under this Act.
s 25 prev s 25 ins 1999 No. 55 s 7
amd 2007 No. 36 s 2 sch
om 2009 No. 52 s 115 sch 1
pres s 25 (prev s 44 (orig s 25)) renum 1999 No. 55 s 6 ; 2009 No. 52 s 115 sch 1
pt.7
Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010
Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010
sec.26
Codes of conduct for public sector entities
sec.26 Codes of conduct for public sector entities
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.
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.
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.
s 26 prev s 26 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
pres s 26 ins 2010 No. 37 s 103
(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.
(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.
(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.
(a) starting on the commencement; and
(b) ending on 1 July 2011.
sec.27
Codes of conduct for public service agencies
sec.27 Codes of conduct for public service agencies
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.
The code continues in force and is taken to be the approved code of conduct for the public service agency during the transition period.
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.
s 27 prev s 27 ins 1999 No. 55 s 7
amd 2009 No. 25 s 79
om 2009 No. 52 s 115 sch 1
pres s 27 ins 2010 No. 37 s 103
(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.
(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.
(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.
(a) starting on the commencement; and
(b) ending on 1 January 2011.
sec.28
Section sec.28
s 28 ins 1999 No. 55 s 7
amd 2005 No. 28 s 72
om 2009 No. 52 s 115 sch 1
sec.29
Section sec.29
s 29 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.30
Section sec.30
s 30 ins 1999 No. 55 s 7
amd 2009 No. 25 s 80
om 2009 No. 52 s 115 sch 1
sec.31
Section sec.31
s 31 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.32
Section sec.32
s 32 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.33
Section sec.33
s 33 ins 1999 No. 55 s 7
amd 2005 No. 28 s 73
om 2009 No. 52 s 115 sch 1
sec.33A
Section sec.33A
s 33A ins 2005 No. 28 s 74
om 2009 No. 13 s 213 sch 5
sec.33B
Section sec.33B
s 33B ins 2005 No. 28 s 74
om 2009 No. 52 s 115 sch 1
sec.34
Section sec.34
s 34 ins 1999 No. 55 s 7
amd 2005 No. 28 s 75 ; 2009 No. 25 s 81
om 2009 No. 52 s 115 sch 1
sec.35
Section sec.35
s 35 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.36
Section sec.36
s 36 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.37
Section sec.37
s 37 ins 1999 No. 55 s 7
amd 2009 No. 25 s 83 sch
om 2009 No. 52 s 115 sch 1
sec.38
Section sec.38
s 38 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.39
Section sec.39
s 39 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.40
Section sec.40
s 40 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.41
Section sec.41
s 41 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.42
Section sec.42
s 42 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
sec.43
Section sec.43
s 43 ins 1999 No. 55 s 7
om 2009 No. 52 s 115 sch 1
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Public Sector Ethics Act 1994 .
sec.2 Definitions
sec.2 Definitions
The dictionary in the schedule defines particular words used in this Act.
s 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.
amd 1999 No. 55 s 4 (1)
sec.3 Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State.
pt.2 Ethics principles
Ethics principles
sec.4 Declaration of ethics principles
sec.4 Declaration of ethics principles
The ethics principles mentioned in subsection (2) are declared to be fundamental to good public administration.
The ethics principles are—
integrity and impartiality
promoting the public good
commitment to the system of government
accountability and transparency.
s 4 amd 2010 No. 37 s 82
(sec.4-ssec.1) The ethics principles mentioned in subsection (2) are declared to be fundamental to good public administration.
(sec.4-ssec.2) The ethics principles are— integrity and impartiality promoting the public good commitment to the system of government accountability and transparency.
• integrity and impartiality
• promoting the public good
• commitment to the system of government
• accountability and transparency.
pt.3 Ethics values
Ethics values
pt.3-div.1 Nature, purpose and application of ethics values
Nature, purpose and application of ethics values
sec.5 Nature, purpose and application of values
sec.5 Nature, purpose and application of values
In recognition of the ethics principles, ethics values are to apply to public service agencies, public sector entities and public officials.
The values mentioned in division 2 are the ethics values for public service agencies, public sector entities and public officials.
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.
s 5 sub 2010 No. 37 s 83
(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.
(sec.5-ssec.2) The values mentioned in division 2 are the ethics values for public service agencies, public sector entities and public officials.
(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.
Main concepts
The Act relies on a small set of hierarchical concepts: ethics principles, ethics values, codes of conduct, standards of practice, and the approval/implementation apparatus. At the top are four declared ethics principles , integrity and impartiality, promoting the public good, commitment to the system of government, accountability and transparency , declared fundamental to good public administration (s 4). Building on those, the Act sets out ethics values which apply to public service agencies, public sector entities and public officials and are intended as the basis for codes of conduct; the Act explicitly states these ethics values are not of themselves legally enforceable (s 5).
Codes of conduct are the instrument through which standards become enforcing obligations. A code’s purpose is to provide standards of conduct consistent with the ethics principles and values (s 10). For public service agencies, the commissioner must ensure a code is prepared (s 12A), and the Premier must approve it (s 12B). The code may contain express conduct obligations, explanatory material, guidelines, examples and references to other Acts (s 12). The Act allows agency‑level standards of practice to apply additional standards to officials of a particular public service agency (s 12D); such standards must have regard to the ethics principles and values and support the statewide code (s 12D(2)). Public sector entities follow a delegated model: the chief executive officer must ensure a code is prepared (s 15), the entity’s responsible authority approves it (s 17) and the code may be tailored to the entity consistent with the ethics values (s 13).
Compliance and operationalisation are embedded: public officials must comply with applicable codes and standards (s 12H, s 18); chief executives must ensure access to the ethics materials and codes (s 12I, s 19), publish copies (s 12J, s 20), provide education and training (s 12K, s 21), and adjust administrative procedures to have proper regard to the Act and codes (s 12L, s 22). Reporting obligations require the commissioner and chief executives to include implementation statements in statutory reports and annual reports (s 12M, s 23). The Act also contemplates disciplinary handling under other legislative instruments (s 24) rather than imposing specific statutory sanctions within the Act itself. Finally, the Governor in Council may make regulations (s 25), providing a route for further prescription.
Who it affects
The Act applies to a defined set of public sector actors and permits subjecting certain non‑officials to its instruments. The stated application includes public service agencies, public sector entities and public officials (s 5; s 10). The codes of conduct for public service agencies must relate to all public service agencies and apply to all public officials of those agencies (s 11(1)(a)‑(b)). The Act also permits codes to apply to persons who are not public officials but who have a contract or other agreement with the agency, giving explicit examples: contractors and their employees, volunteers, and students on work experience (s 11(1)(c)). Similarly, a code for a public sector entity must relate to that particular entity, apply to all its public officials, and may apply to contractors, volunteers and students working with the entity (s 13(1)(a)‑(c)).
Public officials are subject to mandatory compliance where codes or standards apply: public officials of a public service agency must comply with the code and any standard of practice that applies to them (s 12H); public officials of a public sector entity must comply with the standards of conduct stated in the entity’s code that apply to them (s 18). Section 23A excludes persons covered by ss 11(1)(c) or 13(1)(c) from Part 5 (disciplinary action), meaning contractors, volunteers and students are outside the disciplinary part (s 23A). The Act binds all persons, including the State (s 3), signalling that its provisions are intended to be general in application across Queensland’s public sector.
Decision‑makers under the Act are also identified as affected parties: the commissioner is required to prepare and review the public service agencies’ code and may issue guidelines for standards of practice (s 12A, s 12E, s 12C); the Premier approves the public service agency code (s 12B); the chief executive officer of a public service agency prepares and reviews agency standards of practice (s 12E, s 12G); responsible authorities of public sector entities approve entity codes (s 17). These actors must consult particular stakeholder groups when preparing codes or standards (s 12A(2), s 12E(3), s 16). Finally, other institutions are implicated because disciplinary mechanisms refer to the Public Sector Act 2022 and local government legislation, meaning those statutory regimes and their participants will bear the enforcement consequences for public officials (s 24).
Key duties and rights
The Act sets explicit duties on agencies and officials and prescribes rights of access and information to those subject to codes. Primary duties include preparing codes and standards, consulting in their development, securing approval before application, publishing approved instruments, providing access, delivering ethics education, embedding ethics into administrative procedures and reporting on implementation.
Preparation and approval: For the public service agencies’ code, the commissioner must ensure preparation and reasonable consultation with agencies, public officials, industrial organisations and other appropriate representative entities (s 12A(1)‑(2)). The Premier may approve the code only if accompanied by a written statement from the commissioner detailing the consultations and outcomes, and the Premier must have regard to that statement (s 12B(1)‑(3)). For public sector entities, the chief executive officer must ensure preparation and consultation (s 15; s 16), and the responsible authority may approve the code only if accompanied by a written statement from the chief executive outlining consultations and outcomes (s 17(1)‑(3)). A standard of practice prepared by a public service agency must similarly be accompanied by a consultation statement from the chief executive and approved by the commissioner (s 12E; s 12F).
Mandatory compliance for officials: Once a code or standard has been approved and applies, public officials must comply. Section 12H mandates compliance with the code for public service agency officials and any applicable standard of practice. Section 18 requires public sector entity officials to comply with the standards of conduct in their entity’s approved code.
Access, publication and training rights and duties: Chief executive officers must ensure each public official and specified persons have reasonable access to the ethics principles and values, applicable standards of conduct and any applicable standard of practice (s 12I; s 19). Chief executives must publish and keep copies available for inspection by any person of the approved code and standards of practice (s 12J), and similarly for public sector entities (s 20). There is a duty to provide education and training as part of induction and at regular intervals, covering the operation of the Act, application of ethics principles, contents of the approved code, and rights and obligations in relation to contraventions (s 12K; s 21).
Embedding ethics and reporting: Chief executives must ensure administrative procedures and management practices have proper regard to the Act, the ethics principles and values, the approved code and any standards (s 12L; s 22). Reporting duties require the commissioner to include a statement about code implementation and consultation outcomes in the commission’s reports under the Public Sector Act 2022 (s 12M(1)), and require chief executives to include statements in their annual reports on implementation, training and procedural adjustments (s 12M(2); s 23). Where disciplinary action is pursued, the Act directs that it be handled under the relevant disciplinary framework (s 24).
Rights: The Act creates rights of access to the code and standards (s 12I, s 19), and a right for members of the public to inspect published codes (s 12J, s 20). Officials also have a right to be consulted during preparation and to receive education and training (s 12A(2), s 12E(3), s 16, s 12K, s 21). The Act also explicitly states the ethics values are not in themselves legally enforceable (s 5), which is relevant to understanding which obligations are binding.
Penalties and enforcement
The Act itself does not create internal criminal penalties or express statutory fines; instead it channels enforcement into disciplinary and regulatory frameworks external to the Act. The disciplinary scheme is described as one of legislative intention: Parliament intends that disciplinary action for contravention of an approved code or approved standard of practice by a public official should be dealt with under other instruments , the Public Sector Act 2022 for public service officers, the applicable local government legislation for local government employees, existing disciplinary processes where they exist, or regulations where no disciplinary processes apply (s 24). Part 5, which addresses disciplinary action, expressly does not apply to persons mentioned in s 11(1)(c) or s 13(1)(c) (contractors, volunteers, students), excluding those groups from the Act’s disciplinary part (s 23A).
The Act gives responsible decision‑making authority to named officers and bodies who control approval and review of codes and standards: the commissioner prepares and reviews the public service agencies’ code and approves agency standards of practice (s 12A, s 12C, s 12F); the Premier approves the public service agencies’ code (s 12B); the commissioner must have regard to consultation statements when approving standards (s 12F(3)); responsible authorities approve entity codes and must consider the consultation statement (s 17(2)‑(3)). Those approval powers do not, however, equate to enforcement sanctions; rather they gate when codes/standards take effect, and create administrative compliance obligations on agencies.
Regulation‑making power rests with the Governor in Council (s 25). The Act does not specify the content of potential regulations; the power exists to flesh out procedures or disciplinary mechanisms if the executive so chooses. The Act provides reporting obligations (s 12M, s 23), and failure to meet those may attract consequences under the statutes requiring annual reports for agencies, but the Act itself does not state penalties for non‑publication, non‑training or non‑reporting.
Practically, enforcement therefore depends on the disciplinary regimes of other statutes and the internal human resources or employment frameworks that apply to the official in question. Where there are no established disciplinary processes, the Act points to the possibility of regulations (s 24(d)), but the text gives no detail on prescribed sanctions or processes; the Act confines itself to setting up the standards and the administrative duties to implement and report on them.
How it interacts with other laws
The Act frames itself to operate alongside and through other statutory regimes rather than to supplant them. It binds all persons, including the State (s 3), indicating a general public law overlay. The Act recognises existing statutory independence: s 8(2) expressly provides that the duty to operate within the framework of Ministerial responsibility does not limit a public service agency, public sector entity or public official from acting independently if independence is required by legislation or government policy, or is a customary feature of the work of the agency, entity or official (s 8(2)). This preserves statutory or policy‑based independence for bodies such as statutory authorities where that independence is otherwise mandated.
Disciplinary enforcement is explicitly routed to other statutes. Section 24 identifies the Public Sector Act 2022 as the mechanism for disciplinary action for public service officers; local government legislation applies for local government employees; and existing disciplinary processes apply where they exist; regulations may fill gaps where no disciplinary processes exist (s 24). Section 12M(1) requires the commissioner to ensure that each report of the commission under the Public Sector Act 2022, section 207(2)(i) includes a statement about code implementation, creating a statutory link with reporting obligations under the Public Sector Act 2022 (s 12M(1)). That cross‑reference creates reporting and accountability touchpoints between the two Acts.
Codes and standards may include references to Acts applying to public officials in performing their official functions (s 12(3)(f); s 14(3)(f)), making the codes a node that integrates the requirements of other statutes into conduct standards. The Act contemplates that codes may explain the application of ethics principles “within the legal framework” (see s 9(1)(c) on managing information as openly as practicable within the legal framework), signalling that operationalisation of ethics must account for other legal constraints (privacy, FOI, confidentiality, statutory duties, etc.) although those other statutes are not named in the provided text.
Regulation‑making power under s 25 provides a mechanism to fill details consistent with other laws. Transitional provisions (ss 26-27) retain pre‑existing approved codes in force for a specified transition period, indicating an interaction with pre‑existing instruments and the need for continuity where other laws or contracts depend on those codes. Finally, the Act contemplates consultation with industrial organisations and other representative entities when preparing codes and standards (s 12A(2), s 12E(3), s 16), which can have interactional impacts where enterprise agreements or employment law create parallel obligations for workplace conduct and discipline.
Amendment history
The text provided contains inline amendment annotations and insertion notes for many sections. These annotations, as recorded in the source, indicate when particular sections were amended, inserted or otherwise altered. The notable annotations in the supplied text include:
s 4: amended 2010 No. 37 s 82 (annotation: s 4 amd 2010 No. 37 s 82).
s 5: substituted 2010 No. 37 s 83 (s 5 sub 2010 No. 37 s 83).
s 6, s 7, s 8: all show substitution or amendment annotations referencing 2010 No. 37 s 83 (s 6 sub 2010 No. 37 s 83; s 7 sub 2010 No. 37 s 83; s 8 sub 2010 No. 37 s 83).
s 9: amended 2009 No. 52 s 115 sch 1 and later substituted 2010 No. 37 s 83 (s 9 amd 2009 No. 52 s 115 sch 1; sub 2010 No. 37 s 83).
s 10: previous original s 10 omitted and present s 10 inserted 2010 No. 37 s 85 (s 10 prev s 10 om 2010 No. 37 s 83; pres s 10 ins 2010 No. 37 s 85).
s 11: previous s 11 omitted and present s 11 inserted 2010 No. 37 s 85 (s 11 prev s 11 om 2010 No. 37 s 83; pres s 11 ins 2010 No. 37 s 85).
s 12: substituted 2010 No. 37 s 85 and amended 2022 No. 34 s 365 sch 3 (s 12 sub 2010 No. 37 s 85; amd 2022 No. 34 s 365 sch 3).
ss 12A-12G, 12H-12M: were inserted in 2010 (ins 2010 No. 37 s 85) with various later amendments noted; specifically, s 12A, 12B, 12C, 12D, 12E, 12F, 12G, 12H, 12I, 12J, 12K, 12L, 12M show insertion in 2010 No. 37 s 85; many of these sections also show 2022 No. 34 s 365 sch 3 amendments (notably s 12A, 12B, 12E, 12F, s 12M), and s 12K has an additional substitution note sub 2012 No. 22 s 21.
s 13: substituted 2010 No. 37 s 85 (s 13 sub 2010 No. 37 s 85).
s 14: amended 2010 No. 37 s 86 (s 14 amd 2010 No. 37 s 86).
s 16: amended 2010 No. 37 s 88 (s 16 amd 2010 No. 37 s 88).
s 17: amended 2010 No. 37 s 89 (s 17 amd 2010 No. 37 s 89).
s 18: amended 2010 No. 37 s 91 (s 18 amd 2010 No. 37 s 91).
s 19: substituted 2010 No. 37 s 93 (s 19 sub 2010 No. 37 s 93).
s 20: amended 2010 No. 37 s 94 (s 20 amd 2010 No. 37 s 94).
s 21: amended 2010 No. 37 s 95 (s 21 amd 2010 No. 37 s 95).
s 22: amended 2010 No. 37 s 96 (s 22 amd 2010 No. 37 s 96).
s 23: amended 2010 No. 37 s 97 (s 23 amd 2010 No. 37 s 97).
s 23A: inserted 2010 No. 37 s 100 (s 23A ins 2010 No. 37 s 100).
s 24: shows multiple amendments over time including 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 (s 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).
s 25: previously section renumberings and insertions are annotated (prev s 25 ins 1999 No. 55 s 7; amd 2007 No. 36 s 2 sch; om 2009 No. 52 s 115 sch 1; pres s 25 (prev s 44 (orig s 25)) renum 1999 No. 55 s 6 ; 2009 No. 52 s 115 sch 1).
Transitional provisions (ss 26-27) were inserted 2010 No. 37 s 103 and earlier insertion/omission annotations show parts of the Act were altered 1999, 2005, 2009 as recorded in the source: for example s 26 prev s 26 ins 1999 No. 55 s 7; pres s 26 ins 2010 No. 37 s 103; s 27 prev s 27 ins 1999 No. 55 s 7; amd 2009 No. 25 s 79; pres s 27 ins 2010 No. 37 s 103.
These annotations reflect the changes recorded inside the provided text. The source does not supply the content of the amending Acts beyond the annotation references, so the summary confines itself to identifying which sections the source shows as inserted, substituted or amended and the cited instrument and year as annotated in the text.
Litigation history
The supplied Act text contains no case law citations, judicial interpretations, or litigation summaries. The source annotates amendments and insertions, but it does not record any adjudicated disputes, reported decisions, or judicial commentary on the Act’s provisions. Consequently, there is no litigation history provided within this material to summarise or to use as authority for interpretation.
Practitioners should note that the Act cross‑references and directs enforcement to other statutory regimes (for example, the Public Sector Act 2022 and local government legislation at s 24) where disciplinary processes may produce case law. However, such litigation outcomes are outside the Acts and annotations reproduced here and are not included in the supplied text. Where judicial interpretation or administrative tribunal decisions are relevant to application, those materials must be identified and analysed from external sources; they are not contained in the provided statute compilation.
Gotchas
Several features of the Act create practical pitfalls for agencies, officials and third parties that the text itself reveals.
Values versus enforceable obligations. The Act declares ethics values apply to agencies and officials (s 5) but expressly states the ethics values “are not of themselves legally enforceable” (s 5). At the same time, the Act makes compliance mandatory with approved codes and standards (s 12H; s 18). The practical consequence is that ethics values provide interpretive guidance but do not by themselves create sanctions; obligations arise only when those values are translated into an approved code of conduct or an approved standard of practice.
Gateways to application. An approved code or standard does not apply until approved by the designated decision‑maker: the Premier for the public service agencies’ code (s 12B(4)); the commissioner for a public service agency’s standard of practice (s 12F(4)); and the responsible authority for an entity’s code (s 17(4)). Preparation without approval leaves no enforceable instrument.
Divergent preparation and approval processes. Public service agencies are handled centrally (commissioner prepares, Premier approves , s 12A‑12B), while public sector entities prepare codes locally and the responsible authority approves (s 15, s 17). Standards of practice for a public service agency are prepared by the agency and approved by the commissioner (s 12D‑12F). These differing tracks mean timelines, consultation obligations and administrative workstreams are not uniform across the public sector.
Consultation statements are material to approval. Both s 12B and s 12F require a written statement on consultations to accompany proposed instruments; the decision‑maker must have regard to it. Failure to document consultation could constitute a defect in the approval process or at least a procedural omission in the materials required for approval.
Scope of persons covered and disciplinary exclusion. Codes may be made to apply to contractors, volunteers and students (s 11(1)(c), s 13(1)(c)). But Part 5 (disciplinary action) does not apply to these persons (s 23A). That creates a formal asymmetry: non‑employees can be subject to the code’s standards (and civil contractual remedies) but are excluded from the Act’s disciplinary machinery.
Enforcement is external. The Act delegates disciplinary consequences to other legislation or processes (s 24) and provides no in‑Act penalties. An entity that relies on this Act for deterrence and discipline must ensure the relevant disciplinary mechanisms (employment law, local government law or contractual remedies) are available and fit for purpose.
Reporting, publication and training obligations are precise. Chief executives must ensure reasonable access (s 12I/19), publish copies for inspection (s 12J/20), provide education and training at induction and regularly (s 12K/21), and include implementation statements in annual reports (s 12M/23). Failure to meet these administrative duties could attract scrutiny under annual reporting regimes even if the Act itself does not specify penalties.
Review timelines. The commissioner must review the public service agencies’ code within one year of approval and then at least every two years (s 12C). Chief executives must review agency standards within a year and then every two years (s 12G). These deadlines require active governance to avoid lapses and to ensure any approvals remain current.
Interaction with statutory independence. Section 8(2) protects legislatively or policy‑based independence, so applying codes and standards that could be read to impinge on an agency’s statutory functions requires careful calibration to avoid conflict with other legislation or government policy.
Transitional provisions. For entities and agencies with pre‑existing approved codes, ss 26-27 preserve those codes for specified transition periods. Practitioners must check whether those transitional periods remain relevant for their circumstances; the text records set transition end dates (1 July 2011 and 1 January 2011 respectively), which may already be passed, but the presence of transitional saving provisions is a detail to press when assessing continuity.
How to comply
The Act lays out a stepwise compliance architecture for public service agencies and public sector entities. Below is a practical checklist mapped to the statute that agencies and entities should follow to meet the Act’s substantive and administrative obligations.
Determine the applicable instrument type and decision‑maker:
If you are a public service agency, the commissioner prepares the statewide code (s 12A) and your agency may prepare a standard of practice (s 12D-12E), which requires commissioner approval (s 12F).
If you are a public sector entity, the chief executive must ensure a code is prepared (s 15) and the entity’s responsible authority approves it (s 17).
Prepare the code or standard with required consultations:
For public service agency codes, the commissioner must take reasonable steps to consult with agencies, public officials, industrial organisations and other appropriate entities (s 12A(2)).
For an agency’s standard of practice prepared by the agency, the chief executive must ensure reasonable consultation with public officials and representatives (s 12E(3)).
For public sector entity codes, the chief executive must ensure reasonable consultation with the officials to whom the code will apply, industrial organisations and other appropriate entities (s 16).
Document consultations:
Compile a written statement detailing the nature and extent of consultations and their outcomes to accompany the proposed code or standard (s 12B(2); s 12F(2); s 17(2)). The approving authority must have regard to this statement (s 12B(3); s 12F(3); s 17(3)).
Seek and secure approval before application:
Do not put a code or standard into operation until the Premier (for the public service agency code), the commissioner (for agency standards) or the responsible authority (for entity codes) has approved it (s 12B(4); s 12F(4); s 17(4)).
Ensure the code contains necessary material:
Include, as needed, express conduct obligations, explanatory material, guidelines, examples and references to other Acts (s 12(2)‑(3); s 14(2)‑(3)). Ensure the text of any conduct obligations aligns with relevant employment law and other statutory duties.
Make the code and standards accessible and published:
Ensure each public official and applicable person has reasonable access to the ethics principles and values, applicable standards and any standard of practice (s 12I; s 19).
Publish and keep copies available for inspection by any person (s 12J; s 20). Be prepared to make copies available to the public.
Provide education and training:
Provide ethics training on induction and at regular intervals covering the operation of the Act, the application of ethics principles, the contents of the approved code and rights and obligations in relation to contraventions (s 12K; s 21). Track attendance and content to show compliance.
Embed ethics in procedures and practices:
Ensure administrative procedures and management practices have proper regard to the Act, the ethics principles and values, the approved code and any standard of practice (s 12L; s 22). Update policy documents, decision‑making templates and procurement practices accordingly.
Establish or confirm disciplinary pathways:
Confirm which disciplinary framework applies to officials (Public Sector Act 2022 for public service officers; local government legislation for local government employees; otherwise existing disciplinary processes or regulations) and ensure human resources and legal teams know the applicable processes referenced by s 24. For subjects outside Part 5 (contractors, volunteers, students), ensure contractual or other arrangements provide appropriate remedies and conduct governance (s 23A).
Reporting and review:
Include implementation statements in annual reports covering code implementation, training and procedure changes (s 12M(2); s 23). For public service agency codes, expect the commissioner’s report under the Public Sector Act 2022 to include a statement about implementation (s 12M(1)). Schedule reviews: commissioner must review the public service agencies’ code within one year of approval and then no later than every two years (s 12C); chief executives must review standards of practice within one year of approval and then at least every two years (s 12G).
Maintain version control and approvals trail:
Keep records of drafts, consultation papers, written consultation statements, approval letters and the dates approvals take effect. Because a code or standard does not apply until approved (s 12B(4); s 12F(4); s 17(4)), record the effective date carefully.
Align codes with other legal obligations:
When drafting conduct obligations, cross‑check other statutes and legal obligations that apply to officials. The Act anticipates codes may reference other Acts (s 12(3)(f); s 14(3)(f)) and recognises that managing information must be “as openly as practicable within the legal framework” (s 9(1)(c)). Ensure codes do not conflict with statutory independence protected by s 8(2).
Consider scope for non‑officials and contractual terms:
If the entity intends to apply the code to contractors, volunteers or students, ensure contracts and agreements give effect to the code’s requirements, keeping in mind Part 5 disciplinary mechanisms will not apply to those persons (s 11(1)(c); s 13(1)(c); s 23A).
Use the regulation power where gaps exist:
Monitor any regulations made under s 25 that flesh out disciplinary procedures or impose additional duties; incorporate them into compliance plans.
Following these steps, with documentary control over consultation and approvals, published access, structured training and scheduled reviews, will align an agency or entity with the compliance architecture the Act demands.
In 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—
are committed to the highest ethical standards; and
accept and value their duty to provide advice which is objective, independent, apolitical and impartial; and
show respect towards all persons, including employees, clients and the general public; and
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
are committed to honest, fair and respectful engagement with the community.
s 6 sub 2010 No. 37 s 83
(a) are committed to the highest ethical standards; and
(b) accept and value their duty to provide advice which is objective, independent, apolitical and impartial; and
(c) show respect towards all persons, including employees, clients and the general public; and
(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
(e) are committed to honest, fair and respectful engagement with the community.
sec.7 Promoting the public good
sec.7 Promoting the public good
In 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—
accept and value their duty to be responsive to both the requirements of government and to the public interest; and
accept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions; and
accept and value their duty to manage public resources effectively, efficiently and economically; and
value and seek to achieve excellence in service delivery; and
value and seek to achieve enhanced integration of services to better service clients.
s 7 sub 2010 No. 37 s 83
(a) accept and value their duty to be responsive to both the requirements of government and to the public interest; and
(b) accept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions; and
(c) accept and value their duty to manage public resources effectively, efficiently and economically; and
(d) value and seek to achieve excellence in service delivery; and
(e) value and seek to achieve enhanced integration of services to better service clients.
sec.8 Commitment to the system of government
sec.8 Commitment to the system of government
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.
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.
s 8 sub 2010 No. 37 s 83
(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.
(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.
(a) accept and value their duty to uphold the system of government and the laws of the State, the Commonwealth and local government; and
(b) are committed to effecting official public sector priorities, policies and decisions professionally and impartially; and
(c) accept and value their duty to operate within the framework of Ministerial responsibility to government, the Parliament and the community.
sec.9 Accountability and transparency
sec.9 Accountability and transparency
In recognition that public trust in public office requires high standards of public administration, public service agencies, public sector entities and public officials—
are committed to exercising proper diligence, care and attention; and
are committed to using public resources in an effective and accountable way; and
are committed to managing information as openly as practicable within the legal framework; and
value and seek to achieve high standards of public administration; and
value and seek to innovate and continuously improve performance; and
value and seek to operate within a framework of mutual obligation and shared responsibility between public service agencies, public sector entities and public officials.
s 9 amd 2009 No. 52 s 115 sch 1
sub 2010 No. 37 s 83
(a) are committed to exercising proper diligence, care and attention; and
(b) are committed to using public resources in an effective and accountable way; and
(c) are committed to managing information as openly as practicable within the legal framework; and
(d) value and seek to achieve high standards of public administration; and
(e) value and seek to innovate and continuously improve performance; and
(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.
pt.4 Codes of conduct for public officials
Codes of conduct for public officials
pt.4-div.1 Codes of conduct generally
Codes of conduct generally
sec.10 Nature and purpose of codes
sec.10 Nature and purpose of codes
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.
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.
s 10 prev s 10 om 2010 No. 37 s 83
pres s 10 ins 2010 No. 37 s 85
(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.
(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.
pt.4-div.2 Public service agencies
Public service agencies
sec.11 Application of code
sec.11 Application of code
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
The code may make different provision, consistent with the ethics values, for different types of—
public officials; or
persons mentioned in subsection (1) (c) .
s 11 prev s 11 om 2010 No. 37 s 83
pres s 11 ins 2010 No. 37 s 85
(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
(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) .
(a) must relate to all public service agencies; and
(b) applies to all public officials of a public service agency; and
(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
• contractors with the agency and their employees
• volunteers with the agency
• students on work experience with the agency
• contractors with the agency and their employees
• volunteers with the agency
• students on work experience with the agency
(a) public officials; or
(b) persons mentioned in subsection (1) (c) .
sec.12 Contents of code
sec.12 Contents of code
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.
In particular, the code may provide conduct obligations public officials must comply with.
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.
s 12 sub 2010 No. 37 s 85
amd 2022 No. 34 s 365 sch 3
(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.
(sec.12-ssec.2) In particular, the code may provide conduct obligations public officials must comply with.
(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.
(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
(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
(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
(i) t
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