Code of Conduct

1. Overview

At Logan City Council, we believe in the ethical values of:

  • integrity and impartiality
  • promoting the public good
  • commitment to the system of government.
  • accountability and transparency.

That includes our employees, members of our community and anyone who interacts with our organisation. 

This Code of Conduct helps us to create and maintain a positive, safe environment wherever we work. It ensures everyone who works with Council clearly understands what is expected. Each of us has a responsibility to the community we serve, and to each other, to live by this code.

By following this code, we demonstrate our integrity and strengthen our reputation as a trustworthy council, which builds respect for our workers as they serve our community.

As executive leaders, we embrace this Code of Conduct and aim to lead by example.

Executive Leadership Team

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2. Application

Who does the Code apply to?

This code applies to anyone who works for or on behalf of Logan City Council. For the purposes of this document, ‘worker’ includes:

  • all full-time, part-time or casual employees of Council
  • any consultant, contractor, agency worker, student, volunteer, trainee or any other person engaged by Council to work or provide services.

This code does not apply to Councillors or their advisors as they have their own code of conduct and legislative requirements for ethical behaviour.

A breach of the Code of Conduct may damage business effectiveness, undermine public perception of Council and affect interpersonal work relationships.

The requirement for us to have a code of conduct is set out in the Public Sector Ethics Act 1994. As such, it is a legal obligation on all workers to comply with this Code of Conduct. Any action (or lack of action) by any worker that contravenes this code may result in Council taking disciplinary or other action. This may include dismissal, legal action or criminal prosecution. Where the worker is not directly employed by Council, action may include termination of the engagement. 

For further information, please refer to Council’s Conduct and Discipline Operational Policy and Chapter 8, Part 3, Division 1 of the Local Government Regulation 2012.

When and where does the Code apply?

The code applies to workers, at work and outside the workplace, when they are performing their official duties, and in all other circumstances where workers actions may impact on the image or reputation of Council.

This includes, but is not limited to when:

  • travelling for business 
  • attending courses or conferences
  • attending work related functions
  • identifying as a Council employee on social media (or could be reasonably identifiable as a Council employee on social media)
  • wearing any Council uniform or other Council-identified clothing in public 
  • operating Council-branded or identified vehicles or assets.

3. Objective

This Code of Conduct provides common guiding principles and standards of conduct and behaviour for all workers. As well as guiding staff in their employment, the code is a public statement of how workers conduct business and treat our customers, business partners and colleagues. It reflects the principles set out in the Local Government Act 2009 and the principles and values set out in the Public Sector Ethics Act 1994.

Council reviewed this Code of Conduct in 2023 and will formally review it again in 2026. The Code of Conduct may be updated between formal reviews in relation to legislative changes, under the Corporate Governance Manager’s authority.

Our code is a set of standards and behaviours supported by our corporate values, guiding the way we work and is a reflection of Council’s image and reputation. The code helps foster a positive work environment by promoting respect, fairness, and inclusivity. Our code places responsibility on each of us to use sound judgement while at work, and when performing our official duties.

The code aims to deliver best practice by ensuring expected standards and behaviours are clear and guided by sound ethics. By consistently applying these standards, we enhance public trust and confidence in each of us.

The code does not specifically refer to every potential situation where a decision may be required. However, the values, principles, standards and behaviours it outlines are a reference point to help workers make decisions in situations it does not specifically cover.

Council’s decision-making principles (contained in the Decision-Making Framework) are reflected at Appendix B.

Intertwined with good decision making are the values, principles, standards and behaviours that will assist you to make decisions, and to act in good faith and in keeping with the law.

4. Council’s corporate values

At Logan City Council we value:

Community first

We work together to know our customers’ needs, so we deliver what matters and what makes a difference. We make decisions with empathy and recognise that our community’s needs are at the core of every decision we make now and into the future.

Our people

We respect, care about, support and develop our people. We provide a safe workplace where people can explore opportunities, enjoy themselves and achieve high levels of personal job satisfaction. 

Excellence

We create an environment where people are clear about expectations and accountable for achieving excellent outcomes. We foster enquiry, innovation and creativity with a focus on continuous improvement.

Leadership

We encourage leadership aligned to our values at all levels of our organisation. We work together to best use our skills and knowledge to pursue challenges and to deliver excellent services to our customers and our community.

Integrity

We are honest and open by saying what we believe, doing what we say, and giving permission for others to do the same. We take responsibility, individually and as a team, for all that we do.

These values should be applied to everything that we do and be balanced to ensure the values work together to achieve the best outcome for our organisation. What we value underpins the way we conduct our business, interact with our clients and stakeholders and operate as individuals or teams.

5. Legislative principles

The Public Sector Ethics Act 1994 describes 4 ethics principles that guide our behaviour and form the basis for our code. These are:

  1. Integrity and impartiality.
  2. Promoting the public good.
  3. Commitment to the system of government.
  4. Accountability and transparency.

The Local Government Act 2009 also requires that a council’s actions are consistent with the following principles:

  • transparent and effective processes and decision-making in the public interest
  • sustainable development and management of assets and infrastructure and delivery of effective services
  • democratic representation, social inclusion and meaningful community engagement
  • good governance of, and by, local government 
  • ethical and legal behaviour of councillors, local government employees and councillor advisors.

6. Integrity and impartiality

Recognising that public office involves 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
  • accept and value their duty to provide advice that is objective, independent, apolitical and impartial
  • show respect towards all persons, including workers, clients and the general public
  • 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
  • are committed to honest, fair and respectful engagement with the community.

Operationally for you, this means following standards and behaviours set out below:

1.1 Customer experience

As a customer-centric Council, our purpose, goals, and values drive how we conduct ourselves when interacting with customers or colleagues. All workers must uphold Council’s values and adhere to Council’s customer service commitment as outlined in the City of Logan Customer Charter.

You must treat members of the public and your colleagues with honesty, courtesy, fairness, and respect.

While you must make all reasonable efforts to assist customers, if you think a situation is threatening or intimidating, you may withdraw from the situation in an appropriate and safe manner. If in doubt, ask for help from a colleague, a team leader, or your supervisor.

It is important to know how to deal comfortably and calmly with all situations where people are making their concerns known. Remember that while customers have a right to make a complaint to Council, Council will support you if you need to remove yourself from a situation you believe to be unsafe or potentially unsafe.

1.2 Privacy, confidentiality and use of information

You must keep all sensitive and personal information held by Council confidential as required by relevant legislation. This applies to all sensitive and personal information, regardless of its storage location or method of access. You must only access information and records containing personal information that are needed to undertake your duties, and this information is only to be used for the purpose for which it was collected. You must handle all personal information in line with the information privacy principles set out in the Information Privacy Act 2009. You must also comply with Council’s Information privacy policy(PDF, 293KB). This obligation continues after your work at Council ends.

To show trust and respect to each other, we do not record conversations between ourselves and other Council worker(s) without first obtaining the permission of everyone who is part of the conversation. If you are found to have improperly accessed, shared, amended or interfered with information held by Council, you may be subject to disciplinary action or penalties under section 200 of the Local Government Act 2009.

Unauthorised use (including improper access) of any Council information systems may also be considered ‘corrupt conduct’ under the Crime and Corruption Act 2001.

If you want to access information not available to the public, a formal application can be made under the Right to Information Act 2009 or Information Privacy Act 2009.

1.3 Fairness to suppliers

Council has established procedures and delegations for various stages of procurement and contracting activities. These must be complied with. If you are involved in procurement and contracting activity on behalf of Council, you must take reasonable, fair and consistent steps to allow any potential suppliers an equal opportunity to do business with Council, in accordance with Council’s Procurement policy(PDF, 195KB).

You also need to ensure that your actions do not incur any liability or make, amend or discharge a contract on behalf of Council, unless you have the delegation or authorisation to do so. To ensure ethical behaviour and fair dealing, declarations of conflicts of interest are mandatory and must be declared when procuring products and services.

Council has an important role to play in combating modern slavery. If you are involved in procurement and contracting activities for Council, you must ensure that all business is conducted according to ethical, professional, and legal standards and in a fair, honest and open manner.

1.4 Conflicts of interest

A conflict of interest arises when there is a clash between your official obligations in serving the public interest and your personal interests. 

A conflict of interest can arise from avoiding losses or gaining an advantage. The loss or advantage can be financial or otherwise, could be personal or for the benefit of relatives and/or friends.

A conflict of duty may occur where a person performs two or more roles (whether internally or externally), which puts them in a position where those duties are likely to conflict. These circumstances may result in an actual, perceived or potential conflict arising, which needs to be declared.

All workers must perform their duties honestly and impartially and must avoid situations that may compromise their integrity, lead to an actual, perceived, or potential conflict of interest or damage Council’s reputation.

When performing your duties, if you believe you may have an actual, perceived, or potential conflict of interest, or conflict of duty, you must declare this immediately to your supervisor via the Conflict of Interest Declaration Form. The declaration and management of conflicts of interest is an ongoing obligation for all workers. In some circumstances, an actual conflict may give rise to Council requesting you to relinquish one or more of the conflicts in favour of your substantive position for Council.

You must resolve any conflicts in favour of the public interest before making a decision or undertaking any actions associated with a work task. You must not use your official duties, powers, or status to improperly influence any decisions 

1.5 Good decision-making 

All decisions need to be fair and transparent. This can be achieved in many ways, including making and keeping complete and reliable records and being able to show how decisions were made or business activities completed when required.

In addition, you must not influence or attempt to influence any person in an improper way to try to obtain any advantages or favours.

All decisions made on behalf of Council must comply with the Human Rights Act 2019. Under this legislation, all government decisions must consider human rights as part of the process of making decisions or taking action. If a decision or action will limit a human right, the reasons must be documented, and a decision reached only after careful consideration. Refer to the Human Rights Policy for more information.

To ensure that recruitment decisions are fair, during recruitment and selection, you must not misrepresent your qualifications, experience, expertise or fitness to work.

Council entrusts you with the responsibility for fair, consistent and objective appraisal of workers. You do this through performance and referee reports. You are responsible for selecting workers on merit. You are expected to do so impartially and with due regard for the principle of equity. 

1.6 Accepting gifts and benefits

As part of your Council role, you must not request, seek or accept a fee or any form of gift, or benefit, for yourself, or others, from anyone who could gain by influencing you. Workers who fail to comply, may be subject to disciplinary action or penalties under Section 199 of the Local Government Act 2009.

In some limited circumstances, accepting a gift of a nominal value is appropriate if the gift falls within the guidelines of Council’s Gifts, benefits and hospitality policy. However, you should politely refuse gifts or benefits that may bring your, or Council’s, integrity or impartiality into question. While important for all staff, it is particularly important and relevant to staff with licensing, approval, compliance or enforcement roles or functions.

You must not seek or accept a bribe or other inducement or use your official position to gain advantage or to improperly influence others in performing their duties. You must not give money or gifts to an executive, official or employee of any supplier, customer or any other organisation to influence, or appear to be influencing, the person’s or organisation’s relationship with Council.

Refer to Council’s Gifts, benefits and hospitality for further information.

1.7 Outside employment

Some workers may wish to engage in employment with another entity outside of their employment with Council. All outside employment must be disclosed in writing to your manager prior to commencing the outside employment, or at the time you commence employment with Council. This must be disclosed by completing the Conflict of Interest Declaration form. 

Outside employment includes any activities or businesses in which a worker engages and from which they receive, or may receive a financial benefit, such as income or profit.

It is not Council’s intention to stop workers from holding additional employment provided the principles below are complied with.

Outside employment must not: 

  • be undertaken during an employee’s working hours (e.g. taking private business calls on Council time)
  • adversely affect the performance of the worker or Council (e.g. fatigue management, reduced safety and reduced performance)
  • conflict with the employee’s public duties (e.g. in conflict with legislation, the code or competing with a Council activity)
  • involve the use of public resources, including Council information. 

If outside employment has the potential to adversely affect your performance in your role as a Council employee, you must discuss the situation with your program leader or manager to explore alternative arrangements.

Holding more than one position within Council (e.g. part-time fitness instructor and a casual guest service attendant) is not considered to be holding ‘outside’ employment, and therefore you will not need to complete a disclosure. However, you will need to manage potential risks such as fatigue.

Refer to Council’s Guideline on Fatigue Management.

While you will not normally need written approval to undertake volunteer work outside of Council, you should ensure these activities meet the above requirements. If you are unsure, you should discuss the situation with your manager.

1.8 Public comments on Council business

Only Councillors and authorised officers can comment publicly on Council business. They must do so in line with Council’s Policies on Media engagement and social media.

If you are asked to comment on a Council matter by members of the media or a public relations firm, direct them to Council’s Media Program. (Media requests can be emailed to media@logan.qld.gov.au).

Sometimes, it might be appropriate to share information based on your personal and professional experience, for example at seminars or in training programs. If you share your experiences, ensure you do not breach confidentiality or privacy requirements. This obligation to preserve Council’s confidentiality and privacy also applies to comments made and information shared in your personal life.

Council recognises your right to take part in public life and ability to participate in democratic processes. Council equally recognises that where there is a conflict between your private opinion and Council’s policy, you must make it clear that you are expressing a personal opinion. You must also consider the context of your comments and not bring Council into disrepute (i.e. damage the image or reputation of Council).

1.9 Use of social media

You must not use social media in a way that damages Council’s reputation or draws negative attention. You also should not:

  • imply Council endorses your personal views
  • disclose confidential information
  • provide misleading information about your employment with Council.

If a complaint is raised about something you have posted online, Council can instruct you to take it down or remove that content.

You cannot use Council email, letterhead or logo identifications on social media without permission. 

Your conduct on social media, where it could be reasonably linked to your employment with Council, should not contain offensive, defamatory or disparaging references. It also must not contain material that could be considered threatening, bullying, harassing, or contrary to human rights.

If you choose to reveal or imply your place of employment on social media or online, you are potentially increasing exposure for yourself and Council. You are responsible and accountable for information you put on social media and online. You should monitor your posts accordingly.

Social media includes:

  • Facebook
  • X (formerly known as Twitter) threads
  • Instagram
  • YouTube
  • LinkedIn
  • Tik Tok. and 
  • other similar online platforms.

Further guidance is provided in Council’s Social media policy.

1.10 External activities

You are free to engage in party-political, professional, interest group or charity activities. You must make sure your participation does not cause a conflict of interest, restrict the performance of your duties with Council or damage the image or reputation of Council. You must not participate in external activities during your rostered hours with Council. Council’s IT systems, including internet access and email, must not be used for political messages or circulating defamatory or disparaging remarks against individuals or groups or community issues.

If you comment publicly as part of your external activities, you must make a clear distinction between your opinion as a member of those organisations, and your opinion as a Council worker.

You must not use your role in Council, Council information or information gained in the course of your duties, to: 

  • advance your position or standing in an external organisation
  • benefit or promote an external organisation.

You must not provide Council information to members of other groups or related persons, except where this information is publicly available. 

1.11 Human rights

All Council workers are required to act and make decisions in a way that is compatible with human rights (see section 1.5 of the code for further information). Council also recognises and promotes your rights under the Human Rights Act 2019. As an example of the rights protected under the Human Rights Act, all workers have the right to have a religious belief of their choice. You have the right to demonstrate your belief in public or in private without being restrained in a way that limits the freedom to have that belief. All workers have cultural rights, and Aboriginal and Torres Strait Islander peoples have specific cultural rights that are protected under the Human Rights Act.

You also have the right of peaceful assembly and the right to freedom of association with others, including the right to form and join employee organisations.

1.12 Behaviour towards each other

At all times, including while at work or a work-related event, we must treat each other with respect, honesty, trust, fairness, sensitivity, and dignity.

We must make reasonable efforts to understand each other, acknowledging that we may not all have the same views, points of view, or cultural background. 

We are expected to accommodate and respect different opinions and perspectives and to manage disagreements by rational debate.

We must avoid allowing personal feelings or relationships with other workers from influencing our judgment or decisions on work-related matters. 

We must refrain from conduct both at work and connected with work, that is unlawful, including conduct that is discriminatory, bullying, sexually harassing, abusive, obscene, intimidating, offensive, belittling or threatening.

If you supervise or manage other workers you have an added responsibility to model this behaviour and not misuse your managerial power. You must ensure the people you supervise understand the standard of performance and behaviour expected of them.

This includes providing constructive feedback. These responsibilities extend to all Council events and activities, including official social and employee functions. You are expected to familiarise yourself with and comply with all Council policies and directives that apply to your duties in supervisory and managerial roles.

Bystander responsibility

A ‘bystander’ is someone who sees, overhears, or hears about inappropriate and unlawful conduct referenced within this code. 

Bystanders are encouraged to take steps to protect others from inappropriate and unlawful conduct. This might be through reporting the behaviour to a supervisor, or People and Culture (this could be done anonymously). It might include checking in with the person being harassed to see if you can help or encouraging them to make a complaint. It might be speaking with the person and letting them know that their conduct is wrong.

1.13 Workplace Bullying

Council is committed to providing a workplace where workers are free from bullying. A person is bullied at work if someone, (or more than one person) repeatedly behaves unreasonably towards them, and that behaviour creates a risk to the person’s health safety and wellbeing. 

Bullying behaviour may include subjecting a person to ridicule, deliberately excluding a person from emails or meetings when they should be included or deliberately making it difficult for a person to do their work by withholding information or setting unreasonable deadlines.

Bullying in the workplace does not include reasonable management action carried out in a reasonable way. On occasion, leaders are required to go through processes with workers due to a worker’s poor (diminished) performance or misconduct. While these times may feel unreasonable to a worker, they are not workplace bullying if carried out appropriately.

For more information, refer to Council’s Prevention of Workplace Bullying, Sexual Harassment and Unlawful Discrimination Operational Policy.

1.14 Unlawful Discrimination

We must all contribute to building a workplace that embraces diversity and is free from unlawful discrimination. Council does not accept unlawful discrimination in the workplace under any circumstances. Certain kinds of attributes that people have are protected under anti-discrimination law, which means that it is unlawful for someone to be treated less favourably because they have one or more of those attributes.

These protected attributes include a person’s race, sex, age, pregnancy or parental status, religious or political beliefs, impairment (disability), family responsibilities or sexuality. 

Unlawful discrimination can be direct or indirect: 

Direct discrimination is treating someone less favourably because of a protected attribute, or a characteristic generally associated with people who have that protected attribute, compared to how a person without it would be treated in similar circumstances.

Indirect discrimination is where an existing or proposed requirement or condition appears to treat everyone the same, but disadvantages, or is likely to disadvantage, people with a protected attribute.

There are some exceptions where discrimination may not be unlawful in a workplace. This could be where a particular attribute affects a person’s capacity to perform a role. For example, a role may require that a person is able-bodied due to a requirement to climb trees (arborist) or powerlines (electrician). 

For more information, refer to Council’s Prevention of Workplace Bullying, Sexual Harassment and Unlawful Discrimination Operational Policy.

1.15 Sexual harassment, sex-based harassment and hostile workplaces

Sexual harassment, sex-based harassment and subjecting someone to a workplace that is hostile because of a person’s sex is prohibited at Council.

Council aims to ensure that all workers are free from having to deal with sexual harassment, or other sex-based harassment in the workplace. Council is committed to its positive duty to eliminate sexual harassment and other sex-based harassment as far as is reasonably practicable.

Council’s positive duty extends to eliminating sex discrimination. Council aims to ensure that workers of all genders have equal rights, rewards, opportunities, and resources at work. 

The following kinds of unlawful harassment are prohibited at Council:

Sexual harassment is any unwelcome conduct of a sexual nature that occurs in circumstances where a reasonable person, aware of those circumstances, would perceive that the person being harassed might feel humiliated, intimidated, or offended.

Examples of sexually harassing behaviour could include suggestive comments about a person’s appearance including their body or their clothing, deliberate touching or ‘brushing up against’ a person, or asking intrusive questions about their personal life. 

The intention of the person engaging in the conduct is irrelevant, so even if you mean your comment to be a joke or a compliment, it may still be sexual harassment, if it is suggestive in nature, unwelcome and a reasonable person would think the behaviour would likely offend, intimidate or humiliate.

Harassing someone on the ground of sex (sex-based harassment) refers to behaviour that is sexist and demeaning in nature but not necessarily sexual. Sex based harassment may include derogatory comments about women, for example, being ‘blonde’ or ‘airheads’, or relating to menopause. It might include comments about men being unable to multi-task or having ‘man flu’. 

It occurs in circumstances in which a reasonable person, aware of those circumstances, would anticipate that the person being harassed might feel offended, humiliated, or intimidated. It can happen when a person is degraded, put down or disrespected because of their sex, or a characteristic generally associated with people of that sex.

A 'hostile workplace environment on the ground of sex' means it is unlawful to subject another person to a workplace environment that is hostile on the ground of sex. 

Workplace environments may be hostile and intimidating to people of a particular sex, even if behaviour is not specifically directed at them or any person. This is because general behaviour can contribute to a workplace culture that makes people feel degraded, humiliated, or offended in ways that are associated with their sex. It includes behaviour that is also sex-based harassment, and which is pervasive in the workplace culture. 

Subjecting a person to a hostile workplace environment could include accepting unlawful conduct from an external party, for example, pandering to a client who refuses to deal with women. 

For more information, refer to Council’s Prevention of Workplace Bullying, Sexual Harassment and Unlawful Discrimination Operational Policy.

We all share the responsibility to be able to identify sexual harassment and sex-based harassment when we see it. It is up to all of us to be aware of how our conduct may be perceived by others, and to demonstrate the standards that we want in our workplace. 

Promoting the public good

In recognition that the public sector is the mechanism through which 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
  • accept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions
  • accept and value their duty to manage public resources effectively, efficiently and economically 
  • value and seek to achieve excellence in service delivery
  • value and seek to achieve enhanced integration of services to better service clients.

Operationally for you, this means following standards and behaviours set out below:

2.1 Using Council assets

“If you are in possession of or use Council assets, you must take good care of them and ensure they are used safely, legally and economically”

Council’s assets include property, plant and vehicles, equipment, information, data and records, business systems, computing resources, goods, products and valuables (including surplus material, waste material and off-cuts, and items marked for disposal).

Council’s logos and trademarks are also considered to be assets, and the use of these must adhere to the Brand Guidelines.

If you are in possession of or use Council assets, you must take good care of them and ensure they are used safely, legally and economically. 

It is an offence to steal, pawn, misuse or allow anyone else to misuse Council assets. You must take all reasonable actions to ensure assets are secured against theft and are properly stored, maintained, and repaired. If an asset is stolen or misplaced, it must be reported to Council’s Corporate Governance Branch as soon as possible.

You must ensure you use Council assets only for official Council business and not for personal, commercial gain or benefit, unless written approval has been granted by your manager. Clause 2.2 Limited Personal Use provides
further information about how we use Council’s electronic mail, intranet, internet, telephones and computer devices.

If you fail to maintain, or lose, or damage a Council asset through negligence, misuse or abuse, Council reserves the right to recover from you the cost of repairs or replacement of the asset.

You cannot take surplus or obsolete Council assets or materials for private purposes. When you leave Council, you must return all Council property (including all items with identifiable logos, access readers and badges) and remove any work-related documents, information, software, apps or services from any personal devices or storage, as per the Return of Council Items Checklist.

You must only use Council provided and approved business systems to create, store, manage and access Council information and records. You must only use business systems and share data in accordance with Council’s IT Policy, Operational Policy and standards. All use and access to Council business systems are logged and all activity may be monitored and discoverable by Council. Requests to purchase new business systems must be made in accordance with Council’s IT Policy, Operational Policy and Standards.

You must ensure system passwords are kept secret and not disclosed, and that laptops, mobile phones and other portable electronic devices, are locked and secured when not in use. You must not install or use unlicensed, unapproved, or malicious software on Council information and communication technology assets and services. You also must not circumvent Council’s information security measures. 

If you use a Council vehicle for non-official purposes, you must comply with the Operational Policy Vehicle Leasing, Allocation and Use.

Mobile devices and communication systems supplied by Council are provided to facilitate business activities. 

Reasonable and appropriate personal use is permitted in accordance with Council’s IT standards.

2.2 Limited personal use (electronic mail, intranet, internet, telephone and computer devices)

Workers who use computer systems or networks owned or managed by Council must not use these systems to engage in any activity which causes, or could be construed as causing, any form of harassment, discrimination or victimisation of another user.

They must be used in an effective, safe, ethical and lawful manner. Misuse of computer systems and networks will be handled in accordance with disciplinary procedures. The computer systems and networks are to be used for business purposes in the course of normal day-to-day operations.

Personal use must be reasonable and appropriate and not impact on productivity, computer systems or networks performance, or bring Council into disrepute.

Council monitors and logs the websites visited, downloads, and social networking accounts controlled by Council. Managers can request reports that allow them to monitor and moderate internet use via their HRBP.

Users viewing or downloading content that is deemed inappropriate for the workplace may be subject to disciplinary actions.

Refer to Council’s IT Standards for a complete overview of your responsibilities.

2.3 Financial authorisations, credit cards, petty cash, fuel cards, cash handling 

If you have a reason to incur an expense in the workplace, you should:

  • ensure the expense is for the legitimate activities of Council
  • seek prior approval 
  • follow correct documentation procedures. 

If you have the authority to approve expenditure or activity, you are not entitled to:

  • manipulate existing rules and guidelines for personal benefit
  • commit fraud
  • approve expenditure relating to yourself
  • exceed your financial authorisation limit.

Council policies and guidelines exist for:

  • information security
  • reimbursement of expenses
  • use of specific resources such as Council fuel cards, credit cards, mobile phones and taxi vouchers.

These policies and guidelines are to be complied with at all times and can be found in Council’s Corporate Registers.

2.4 Keeping complete and reliable records

All workers are responsible and accountable for making and keeping complete, accurate and reliable corporate records.

The Public Records Act 2002 requires complete and accurate records be kept to provide evidence of Council’s activities and decisions and to allow the business to operate effectively. All workers who create or receive records as part of any business activity must register these records into either the corporate records and information management system or other approved business systems.

You must take all reasonable steps to ensure information and records captured are relevant, complete, meaningful and accurate in line with Council’s Information and Records Management Policy.

All information and records must be disposed of/destroyed in a planned and authorised way. This must be done in line with approved disposal authorities and schedules issued by the Queensland State Archivist and Council’s Information and Records Management Policy.

You cannot use private email accounts or systems (such as Gmail, Hotmail or similar) and private messaging applications such as Facebook Messenger, SnapChat, Wickr Me and WhatsApp, for Council-related business.

Exceptions to this are Council-approved social media accounts, which are monitored under strict guidelines by appropriate staff in Council.

2.5 Intellectual property

You must get written approval from your manager before arranging to publish or disclose any articles or materials you have produced as part of your official duties. Any original work, invention, or product to which you contributed remains Council property. It is not freely available for you to use after your employment with Council ends.

Similarly, you must not publish or disclose any matters relating to Council’s intellectual property without appropriate authority.

This does not stop you from sharing with other organisations, information relating to your official duties. However, if you do, you must make sure you do not breach the confidentiality of Council information, its workers or its clients, or compromise Council’s intellectual property rights or legal privilege.

You must also respect the intellectual property rights of individuals and organisations outside Council. For example, you must not copy, quote or reproduce their work unless they have given you permission to do so. You must not infringe copyright law, including the intellectual property of any individual or organisation. For example, you must not store or copy audio, video or image files, printed media and software without appropriate licence or approval on Council assets.

7. Commitment to the system of government

Recognising 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 
  • are committed to effecting official public sector priorities, policies and decisions professionally and impartially
  • accept and value their duty to operate within the framework of Ministerial responsibility to government, the Parliament and the community.

Operationally for you, this means following standards and behaviours set out below:

3.1 Acting within the law

As a Council worker, you are expected to comply with all legislation and other statutory obligations relevant to Council and Council workers. In addition, Council’s local laws, policies, delegations, operational policies, procedures, and health, safety and wellbeing directives apply to you. You are expected to familiarise yourself with, and at all times comply with, Council’s policies, delegations, operational policies, procedures and health, safety and wellbeing directives. These documents are in place to ensure that Council, through its workers, is complying with its legislative requirements. As a worker engaged by a public sector entity, you too have the duty to comply with the legislative requirements. Council’s documents, described above, are there to assist you in complying with your duties. 

It may sometimes be reasonable for you to question or raise concerns in relation to your work. In certain circumstances you may have a duty to raise issues, for example, where you think there is an imminent risk to the safety of yourself or others, or if you think that a direction may be in breach of the law or other documented procedures. When you have reported your suggestion or concern, you are required to work as lawfully directed by your supervisor, except where there is an imminent risk to safety. If the concern cannot be resolved within the workgroup, it should be immediately referred to your manager.

You are required at all times to be appropriately licensed, qualified or certified to fulfil the requirements of your position. If any of these are revoked for any reason, you must immediately inform your supervisor. If the revoked licence, qualification or certificate is a requirement of your job, Council will need to consider your ongoing employment. 

3.2 Acting within delegations and authorisations

Your role may require you to exercise a statutory power on behalf of the CEO. You must ensure your position is appropriately delegated to exercise any statutory power (for example, pursuant to state or a local law). Refer to Council’s Delegations Register and the appropriate legislation for guidance.

Your role may also require you to exercise non-statutory powers by taking a particular action or making a decision under authorisation. You must ensure your position is appropriately authorised to take those actions or make those decisions (for example, signing local government documents or approving invoices). You should refer to the relevant Instrument of Authorisation to ensure you are authorised to do so. 

3.3 Raising concerns

You have the right to comment on or raise concerns about Council policies or practices where they impact on your employment or engagement with Council. However, you must do this in a reasonable and constructive manner. You must use the appropriate Council processes and take responsibility for your comments and views.

When raising grievances, you are expected to act with honesty and in good faith. You are also expected to maintain confidentiality throughout the process. Grievances considered malicious, vexatious or frivolous will not be progressed and may result in disciplinary action against the person making the complaint. Concerns should be raised as early as possible following an incident that gives rise to a grievance. In circumstances where a long period of time has elapsed since an incident, it may not be possible to progress a grievance due to the difficulty in investigating old matters.

Council aims to protect workers from victimisation or other negative repercussions for reporting issues in good faith. Your obligation to conduct yourself in a manner that respects the rights and welfare of other Council workers, means that you should also be aware it is unlawful to victimise or discriminate against a person because of their involvement in a grievance process. Disciplinary action may be taken against you if you are found to have treated someone in a detrimental manner because they  
raised a grievance or participated in a grievance process.

Refer to Council’s Grievance Procedure Operational Policy for further information.

3.4 Reporting unethical conduct

During the performance of your role, you may become aware of information related to unethical conduct. You must take appropriate action to prevent, assess, and report any suspected fraud, maladministration, corrupt or unethical conduct by any worker. You can report these matters to the Chief Executive Officer, Corporate Governance Manager, Public Interest Disclosure Coordinator, Crime and Corruption Commission or another relevant agency, including the Queensland Police Service.

You must provide all relevant information and cooperate in any lawful investigation undertaken by Council. Reporting suspected fraud, maladministration, corrupt, or unethical conduct helps protect the integrity of Council. If you report such conduct, you may be protected and supported by Council in line with the procedural requirements of the Public Interest Disclosure Act 2010.

3.5 Handling information

You must adhere to all copyrights, trademarks and patents of your suppliers by not reproducing or quoting suppliers’ material unless you are specifically authorised to do so.

3.6 Lobbyists

Under the Integrity Act 2009, you must not knowingly meet with anyone who is not a registered lobbyist if that person (or organisation) intends to carry out a lobbying activity on behalf of a third-party. If a Councillor or worker becomes aware that the lobbyist
is not registered, Council is required to advise the Integrity Commission as soon as practicable. You should contact Council’s Integrity and Information Program for further information about involvement with lobbyists.

8. Accountability and transparency

Recognising 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 
  • are committed to using public resources in an effective and accountable way
  • are committed to managing information as openly as practicable within the legal framework
  • value and seek to achieve high standards of public administration and value and seek to innovate and continuously improve performance
  • value and seek to operate within a framework of mutual obligation and shared responsibility between public service agencies, public sector entities and public officials.

Operationally for you, this means following standards and behaviours set out below:

4.1 Diligence, care and attention

We aim to conduct business with integrity, honesty and fairness and to achieve the highest standards in service delivery. We do this by performing our duties honestly, responsibly, and in a conscientious and accountable manner to the best of our ability. This includes:

  • being committed to good risk management and compliance practices
  • assisting Council to meet its obligation to manage public resources in a way that is effective, efficient, and economical
  • behaving and acting in accordance with our corporate values and the principles in this code
  • giving priority to official duties over personal activities during work time
  • being responsible for meeting the standard of work performance required in your role
  • making good decisions, or recommendations, based on quality and objective facts, or information, in a way that is consistent with legislation or Council’s policies and procedures
  • helping Council achieve its mission and goals by acting to improve systems and practices 
  • conducting ourselves in a way so others gain confidence and trust in the way we do business
  • not allowing our conduct to distract or prevent others from working
  • productively and positively contributing to the culture of our team
  • not exposing Council to a judgment for damages against it, as a result of negligence or breach of any law
  • not engaging in fraudulent or dishonest behaviour 
  • participating openly and honestly in Council’s performance and review processes
  • contacting the payroll team as soon as a discrepancy is discovered in pay advice or bank account. Council has the right to recover any overpayment made to an employee to which they are not entitled, and overpayments are best dealt with promptly. If you are responsible for managing or supervising others, you must also ensure that:
  • you model the corporate values and principles outlined in this code
  • you ensure workers within your area of responsibility understand and comply with this code
  • you do not incur a financial obligation to any worker you supervise or manage
  • your work and the work of those you supervise contributes to the achievement of Council’s goals
  • workers’ time is not wasted, abused or misused
  • employee performance is monitored, and individuals are given constructive and regular feedback on their performance in line with procedures
  • where relevant, workers are given development and training opportunities to assist them in skill and career development
  • resources and workloads are reasonably distributed
  • workers who collect, handle or disburse public money are properly supervised
  • you contact the payroll team when you see something that may result in an overpayment to a worker
  • you carefully scrutinise all applications for overtime to ensure that they were necessary and authorised
  • employee work times, overtime, allowances and absences are correctly recorded in a timely manner, in line with Council’s timekeeping systems
  • appropriate action is taken if breaches of this code occur.

4.2 Attendance and absence from duty

You are expected to follow Council’s employment and working arrangements, agreements and policies on work attendance and leave. This includes:

  • requesting annual leave in line with branch guidelines which may differ between branches due to operational requirements.
  • notifying your supervisor before your rostered shift start time if you will be late or unable to attend work. You can do this by phone call, unless other means have been agreed to by your manager (for example, text or email)
  • not being absent without approval, or in the event of an emergency, notifying your supervisor as soon as reasonably practicable
  • accurately and truthfully recording work and leave periods.

Absence without approval or without reasonable excuse means that others will have concerns for your safety or wellbeing. It can also create unproductive time for others and may result in deductions from your pay for the period of absence.

4.3 Notification of criminal charges and convictions

You must notify your supervisor of any current charges for indictable offences and findings of guilt for all offences. (Indictable offences include those tried before a judge and/or jury, such as murder, sexual assault, robbery, assault, and break and enter).

The outcome of the notification will depend on the individual circumstances of the case, and on the nature of the charge or conviction and its relevance to the inherent requirements of your position.

4.4 Advice given to elected officials

Councillors may only request advice or information from a worker in line with Council’s Acceptable Request Guidelines (ARG). The guidelines stipulate which positions can be approached directly by Councillors. 

Before initiating contact with a councillor on a work matter, you should make sure your manager is aware of the intended contact. Also, you need to keep an electronic record of advice provided to Councillors in Council’s Electronic Document Management  System.

If you are uncertain about whether you should respond to a Councillor enquiry, or how to respond to a councillor enquiry, you must not provide a response. Refer the matter to your supervisor, who will action the Councillor’s request in accordance with the  ARG.

If you believe there is a conflict between a request from an elected official and Council policies, you should discuss it with your manager. 

4.5 Following lawful directions 

You are required to comply with all lawful and reasonable instructions related to your work. 

You have the right to seek clarification on an instruction, but not to cause an instruction to be ineffective by delay or failure to fully or partially comply with it.

You are entitled to decline complying with an instruction that appears to be unethical, unlawful, unsafe or unreasonable. Where this happens:

  • You must report it to your manager/supervisor, with sufficient information and/or evidence as to why you believe the instruction was unethical, unlawful, unsafe or unreasonable. Your manager must also be provided with the opportunity to respond. 
  • You are generally obliged to carry out the instruction, pending consideration of your objection, unless the instruction is clearly unlawful, unreasonable or could endanger you or another person’s health or safety.

4.6 Risk management and compliance

Council has a Risk Management and Compliance Framework which enables the effective identification and management of risks and its statutory obligations. You can find the Framework on our inter and intranet as well as in Pulse.

4.7 Appropriate standard of dress and appearance

You must maintain your clothing and personal hygiene to a standard that supports Council’s professional image, including when working remotely.

When deciding what to wear, you should consider:

  • functions performed
  • public perceptions and expectations
  • occupational health and safety
  • cultural diversity
  • local community standards
  • climatic conditions.

If you are provided with or have purchased a corporate uniform, the uniform should be worn complete and in good order.

4.8 Concern for the environment and commitment to sustainability 

In performing your duties at Council, you must:

  • ensure you do not carry out any activity that causes, or is likely to cause, environmental harm
  • consider our adopted principles of sustainability into your decision-making and activities
  • take all reasonable measures to prevent or minimise, and report, environmental harm.

We all share responsibility to:

  • protect our natural environment
  • create healthy surroundings for our community
  • minimise our impact on air, water, land and noise.

Refer to Appendix C — ‘Principles of Sustainability’ for more information.

4.9 Self-development

You should strive to maintain and improve your work performance and that of your work team. You have a continuing responsibility to maintain and enhance your skills and expertise and keep up to date with knowledge associated with your area of work, including completion of mandatory compliance training. Council will help you by providing access to relevant learning and development opportunities.

4.10 Health, safety and wellbeing 

You must take all reasonable care regarding your physical and psychological health, safety and wellbeing in the workplace. You must do the same for your colleagues, our community and our customers. Taking reasonable care includes taking proactive steps to maintain and improve health, safety and wellbeing. 

Documentation in Council’s Safety Management System details the minimum health, safety and wellbeing standards acceptable for our workplace. Where lapses occur, each situation will be assessed on its merit, based on the severity of the breach and the potential risk to workers or the public before determining actions required. 

‘Taking reasonable care’ to ensure your health, safety and wellbeing includes, but is not limited to:

  • identifying hazards and managing risks to physical and psychological health, safety and wellbeing
  • familiarising yourself with, and complying with Council’s Health and Safety Policy and any other Council policy and/or operational policy relevant to workplace health, safety and wellbeing
  • performing all work safely and following safe work practices as an inherent requirement of your position
  • not tampering with or altering any fitted safety devices
  • notifying a supervisor of health issues that are impacting (or are likely to impact) your capacity to perform the inherent requirements of your role in a safe manner
  • ensuring that you are fit for duty when attending work
  • correctly using personal protective equipment, tools and equipment as required
  • reporting any incidents, hazards or near misses immediately and supporting investigations
  • taking corrective action to ‘make safe’ and implement improvements.

At all times you have the right to temporarily stop or delay any task which, in your professional opinion, is unsafe, and must promptly notify your supervisor of your opinion and the reasons for it.

4.11 Drugs, alcohol, smoking and gambling

To maintain the trust and confidence of customers and the health, safety and wellbeing of ourselves and our colleagues, you must not:

  • at any time, use, possess, or traffic illegal drugs
  • consume alcohol at work outside of an authorised work function
  • consume alcohol at an authorised work function outside of the limits stipulated in Council’s Drug and Alcohol Operational Policy, or outside the requirements of Council’s Official Social and Employee Functions Operational Policy
  • at any time smoke, including the use of electronic cigarettes, on Council premises, except in designated smoking areas, during allocated breaks
  • report to work or undertake Council work with drugs and/or alcohol in your system in excess of the tolerance levels set out in the Drug and Alcohol Operational Policy. (All Council workers may be subject to testing in relation to drug and/or alcohol levels as prescribed by the Drug and Alcohol Operational Policy)
  • gamble or bet on Council premises (except sweeps or tipping competitions authorised by the branch manager). 

You must:

  • tell your program leader and supervisor if you are prescribed, or are taking prescription medication, or other medication that may affect your ability to safely perform your duties during work time
  • ensure you do not inappropriately use or disclose private medical information about a worker. 

Refer to Council’s ‘Drug and Alcohol Management’ Operational Policy for further information.

9. Breaches of this code

For its part, the organisation is committed to:

  • building an ethical workplace environment
  • maintaining and enhancing public confidence in the integrity of Council and its workers
  • seeking to ensure that anyone who behaves contrary to the principles, corporate values and standards contained in this code is subject to appropriate and consistent disciplinary action.

While reasonable efforts to behave ethically and ‘actions in good faith’ will be supported, failure to comply with the code, or unethical or corrupt conduct may result in Council taking a range of actions. These could include: 

  • informal counselling, plus a letter of expectations or cautionary notice
  • initiating procedures to manage diminished (poor) performance
  • disciplinary action in line with the Local Government Regulation 2012, which may be one or more of the following:
    • dismissal
    • demotion, including a reduction in remuneration
    • a deduction from salary or wages of an amount of not more than 2 penalty units
    • a written reprimand or warning.

You may also be suspended from duty in certain circumstances including, but not limited to:

  • where there is a risk or potential risk to health and safety
  • where concerns about your conduct are being investigated or otherwise addressed
  • where there may be loss or damage to Council property or assets 
  • if there is a suspicion of fraud or other corrupt conduct
  • where your actions lead to a loss or suspension of requirements mandatory for your position, such as driver licence, Blue Card, Registered Professional Engineer Queensland (RPEQ) registration or similar
  • while an investigation is progressed 
  • while charges are determined by the relevant court. 

The principles of natural justice will be observed. This means that before a decision is made about you, you have the right to:

  • be informed about the nature and content of the allegations against you
  • provide a response to the allegations
  • have any decision made by an objective decision-maker.

Additionally, serious breaches of the code that could amount to a criminal offence may be referred to the Queensland Police Service and/or the Crime and Corruption Commission (CCC). Allegations of corrupt conduct or suspected corrupt conduct may be referred to the CCC for investigation, in accordance with the requirements of the Crime and Corruption Act 2001.

Council reserves the right to implement any civil action or claim to recover losses or compensation for damage resulting from fraud or corruption activities.

10. If you have any concerns

If you have a concern, or suspect a breach of the code involving one or more Council workers, you may consider reporting it internally to:

  • your supervisor or manager
  • People and Culture Branch.

If you suspect fraudulent or corrupt conduct, or conduct that may amount to a Public Interest Disclosure (PID), you may also consider reporting it internally to:

  • the Chief Executive Officer or another member of the Executive Leadership Team
  • Corporate Governance Manager
  • Council’s PID Coordinator (reports can be made confidentially to: iip@logan.gld.gov.au).

Depending on the circumstances, you may also consider reporting a concern to external agencies, depending on the nature of the alleged breach. This may include: 

  • Crime and Corruption Commission (3360 6060 or complaints@ccc.qld.gov.au)
  • Queensland Ombudsman
  • Queensland Audit Office
  • Queensland Police Service
  • Human Rights Commission.

You must maintain strict confidentiality on any conduct you report or have knowledge about. This is to ensure any investigation process is not compromised, and to maintain fairness and afford natural justice through the process.

Refer to Council’s Public Interest Disclosure Policy and Procedure for further information.

11. Access to this code

In line with the requirements of Section 19 of the Public Sector Ethics Act 1994, the Chief Executive Officer must provide reasonable access to anyone to whom the code applies.

Council will make the code available:

  • to new workers during onboarding
  • on our internet site and intranet site
  • on request of your manager or Council’s People and Culture Branch.

12. Training

Training on this code will be provided for new workers during onboarding and then at least every 2 years. 

Online code of conduct training is available at all times, to make it easy for you to understand and fulfil your obligations.

If the training guide doesn’t fully answer your questions, please refer to the ethical decision-making model in the code and/or contact your supervisor or another appropriate officer.

13. Relevant information

Council’s policy documents, operational policies and other procedural documents are available on our intranet.

The Corporate Governance Branch can help you locate these documents.

Legislation cited in the code can be found at Queensland legislation.

14. Appendix A - Definitions

Benefit includes:

  • property
  • advantage
  • service
  • entertainment
  • the use of or access to property or facilities
  • anything of benefit to a person, whether or not it has any inherent or tangible value, purpose or attribute.

This covers any:

  • gifts
  • gratuities
  • remuneration
  • allowances
  • fees
  • subsidies
  • considerations
  • incentives
  • discounts
  • entry fees
  • memberships, or
  • loans provided under special conditions.

Conflict of interest

A conflict of interest is a conflict between a person’s work responsibilities and their personal or private interests. 

A conflict of interest can arise from either gaining a personal advantage or avoiding a personal loss. 

A conflict of interest can be actual, perceived (or apparent) and/or potential.

An actual conflict of interest involves a direct conflict between a public official’s current duties and responsibilities and their existing private interests. In situations where the private interest actually motivates or influences the partial exercise of public duty, the conflict of interest might be corruption. For example, Ron is on a recruitment selection panel and his sister is applying for a position to be decided by that panel. 

A perceived (or apparent) conflict of interest can exist where it could be perceived that a public official’s private interests could improperly influence the performance of their duties – whether or not this is in fact the case. For example, Frida works for Council as a Community Grants Funding Program Manager. On the weekend, she plays tennis with the director of a community organisation applying for funding through the funding program Frida is managing.

A potential conflict of interest arises when a public official has private interests that could interfere with their official duties in the future. For example, John is a development assessment officer (town planner) at Council. John’s wife is a town planning  consultant working in Logan, who has the potential to lodge a development application for assessment with Council. 

Corruption In general terms corruption involves improper acts or omissions, improper use of influence or position and/ or improper use of information. Corruption has a wider interpretation than conflict of interest, as it does not necessarily involve material gain for the perpetrator, or material loss to Council. Corrupt practices can lead to direct and indirect advantages not only to individuals, but also to causes and/or other interest groups. 

Corrupt conduct

Under Section 15 of the Crime and Corruption Act 2001:

1. corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that:

  • adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of
    • a unit of public administration, or
    • a person holding an appointment
  • results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that
    • is not honest or is not impartial, or
    • involves a breach of the trust placed in a person holding an appointment either knowingly or recklessly, or
    • involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment
  • would, if proved, be:
    • a criminal offence, or
    • a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

2. corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that

  • impairs, or could impair, public confidence in public administration
  • involves, or could involve, any of the following:
    • collusive tendering
    • fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described):
      • protecting health or safety of persons
      • protecting the environment
      • protecting or managing the use of the state’s natural, cultural, mining or energy resources
    • dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of state assets
    • evading a state tax, levy or duty or otherwise fraudulently causing a loss of state revenue
    • fraudulently obtaining or retaining an appointment
  • would, if proved, be
    • a criminal offence, or
    • a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

Fraud

 

Section 408C of Queensland’s Criminal Code (Schedule 1 to the Criminal Code Act 1899) defines fraud as:

  • a person who dishonestly:
    • applies to his or her own use or to the use of any person:
      • property belonging to another, or
      • property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person, or
    • obtains property from any person, or 
    • induces any person to deliver property to any person, or
    • or gains a benefit or advantage, pecuniary or otherwise, for any person, or
    • causes a detriment, pecuniary or otherwise, to any person, or
    • induces any person to do any act which the person is lawfully entitled to abstain from doing, or
    • induces any person to abstain from doing any act which that person is lawfully entitled to do, or
    • makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment; commits the crime of fraud.

Indictable offence

An indictable offence is defined in the Queensland Law Handbook as: 

  • An indictable offence must be prosecuted on an indictment (a written charge by a person authorised to prosecute criminal offences) before a judge and jury in the District or Supreme Court.

In certain circumstances, a charge on indictment may be prosecuted before a judge alone, without a jury (614 Criminal Code).

In certain situations, an indictable offence may be dealt with summarily in the Magistrates Court (552A–552J Criminal Code)’. 

Maladministration

Maladministration is defined in Schedule 4 of the Public Interest Disclosure Act 2010 as follows: 

Maladministration is administrative action that:

  1. was taken contrary to law, or
  2. was unreasonable, unjust, oppressive, or improperly discriminatory, or
  3. was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances, or
  4. was taken:
    • for an improper purpose, or
    • on irrelevant grounds, or
  5. having regard to irrelevant considerations, or
  6. was an action for which reasons should have been given, but were not given, or
  7. was based wholly or partly on a mistake of law or fact, or
  8. was wrong.

Lobbyist

is defined in section 41(1) of the Integrity Act 2009 as follows:

A lobbyist is an entity that carries out a lobbying activity for a third-party client or whose employees or contractors carry out a lobbying activity for a third-party client.

A lobbying activity is defined in section 42(1) of the Integrity Act 2009, and includes:

  • contact with a government representative in an effort to influence state or local government decisionmaking, including:
    • the making or amendment of legislation
    • development or amendment of a government policy or program
    • the awarding of a government contract or grant
    • the allocation of funding
    • the making of a decision about planning or giving of a development approval under the Planning Act 2016.

(Lobbying activity includes similar conduct in respect of contact with an Opposition representative – s.42(b)).

Refer to the Integrity Act 2009 for further information regarding lobbyists and lobbying activities.

Protected attributes within the Anti-Discrimination Act 1991 

Section 7 of the Anti-Discrimination Act prohibits discrimination on the basis of the following attributes (unless an exemption applies):

  1. sex
  2. relationship status
  3. pregnancy
  4. parental status
  5. breastfeeding
  6. age
  7. race
  8. impairment
  9. religious belief or religious activity
  10. political belief or activity
  11. trade union activity
  12. lawful sexual activity
  13. gender identity
  14. sexuality
  15. family responsibilities
  16. association with, or relation to, a person identified on the basis of any of the above attributes.

Routine personal work information 

Routine personal work information is solely and wholly related to the routine day-to-day work duties and responsibilities of a public sector employee. Examples of such information includes:

  • a work email address
  • a work phone number
  • a title
  • a work responsibility
  • a work classification, e.g. that someone is a Stream A level 6 Project Officer in a certain branch
  • information about qualifications held where they are required for the officer’s position.

For more information, refer to the Corporate Governance Branch, or the Office of the Information Commissioner.

Types of interests

Interests can be financial or non-financial (personal family or business).

A financial interest is when the employee could gain a personal financial benefit including having shares, receiving gifts, benefits or bribes or receiving hospitality or travel. For example, Kim’s partner owns a company which is tendering for work with Council.

Some examples of non-financial interests include:

  • working in the strategic procurement area and one of your regular fishing friends asks you to keep an eye on his tender application
  • working in the funding application area and you are also president of a local group applying for funding from Council
  • working in the development application’s area and your children’s school will be affected by a new development and the development proposal has been submitted to Council for approval.

Appendix B - Decision making principles

The following is extracted from the Decision Making Framework. The local government principles, expectations of the code, and the decision-making principles provide the guidance to help you reach good decisions in the public interest.

1. Bringing an open and impartial mind to a decision

  • A decision maker must hear a person and give them a ‘fair go’ before making a decision affecting that person’s interest.
  • A decision must not be made by a person who is affected by actual or apprehended bias. 
  • Am I genuinely prepared to listen to all the arguments presented?
  • Am I prepared to consider all the options and views presented?
  • If I prefer the decision to be made in a particular way, will I genuinely, honestly and fairly hear the objections and any alternative views to see if they can be accommodated before I make my final decision?
  • Have I expressed a final opinion on the issue prior to taking part in the decision-making process?
  • Have I exercised a decision-making power on a similar related matter?

2. Ensuring the decision is lawful

  • What is the head of power related to your decision?
  • What scope or discretion exists in relation to the powers around deciding?
  • Is there any legislative criteria you must regard when applying your discretion?
  • Are you appropriately delegated, or authorised to make the decision?
  • Have you considered whether any human rights are relevant to the decision?

3. Having all the relevant materials and facts available to make an informed decision

  • Have you considered all relevant information or evidence?
  • Have you applied any weighting to the information or evidence and is your methodology sound?
  • Have you considered the views expressed by stakeholders?

4. Ensuring the decision is reasonable and based on evidence

  • Would an ordinary person see it as reasonable and proportionate?
  • Is it arbitrary, or well-planned and consistent?
  • Is there clear evidence to justify it?

5. Considering the impact the decision will have on the community 

  • Have you identified the people or groups whose interests will be affected by the decision?
  • Have you identified the human rights of affected people including the scope and protections of those human rights?
  • Have you identified the relevant public interest factors and conflicting or competing interests?
  • Have you weighted each public interest, including considering whether there are less restrictive and reasonably available ways to achieve the desired purpose without limiting human rights?
  • Are you able to make a decision which balances these public interest factors?

6. Considering the impact the decision will have on Council’s finances

  • Is the proposal value for money?
  • Is it logically supported with sound financial analysis?
  • Will Council be able to measure its progress and outcome?
  • Is it tied to Council’s overall vision for the city?

7. Considering how the decision aligns with Council’s long-term direction

  • How does it help achieve Council’s vision and goals?
  • Will it help achieve social, environmental or economic health now and for future generations?
  • How does it sit within the context of Council’s other strategic aims?

If you are in any doubt about the decision to be made, ask your supervisor, manager or the Corporate Governance Branch for assistance.

Appendix C - Principles of sustainability

Our principles of sustainability are:

1. Environment – We will deliver services and activities in a manner that:

  • avoids and reduces waste, energy consumption and carbon emissions
  • is water efficient 
  • uses recycled or reusable goods wherever practical
  • protects and enhances our natural environment
  • considers the social, economic and governance implications of decisions.

2. Community – We will ensure access to services, facilities and amenities that promote a community that is:

  • healthy and active
  • inclusive and connected
  • safe and resilient
  • considerate about the environmental, economic and governance ramifications of decisions.

3. Economy – Council will:

  • promote a prosperous local economy
  • develop local job opportunities
  • consider the environmental, social and governance ramifications of decisions.

4. Governance – Council will:

  • govern in an ethical and transparent manner
  • provide opportunities for community participation in decision making
  • make its decisions in the interests of the community
  • consider the environmental, social and economic ramifications of decisions.

Further examples include: 

  • taking care in disposing of solid and liquid wastes
  • using chemicals in line with the directions
  • storing and handling chemicals safely
  • reducing energy consumption and waste in our workspaces
  • reporting environmental hazards and incidents.