Code of Conduct

Council’s corporate values

At Logan City Council, our values guide how we work, make decisions and serve our community.

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 they 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 and teams.

Introduction

Who does the Code of Conduct apply to?

This Code of Conduct applies to all volunteers, full-time, part-time and casual employees of Council, but it does not apply to Councillors 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 to have a code of conduct is set out in the Public Sector Ethics Act 1994. As such, it is a legal obligation for all employees to comply with this Code of Conduct. Any action (or lack of action) by an employee that contravenes this Code of Conduct may result in Council taking disciplinary action.

This action is up to and including termination of employment or engagement. A breach may be referred to external authorities where required by law, or legal action by Council.

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

When and where does the Code of Conduct apply?

The Code of Conduct applies to employees at work and outside the workplace:

• when they are performing their official duties
• in all other circumstances where employees’ 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 being 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.

Objective

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

The Code of Conduct aims to deliver best practice by ensuring expected standards and behaviours are clear and guided by sound ethics. By consistently applying these standards, employees enhance public trust and confidence in Council.

The Code of Conduct does not specifically refer to every potential situation where a decision may be required. However, the values, principles, standards and behaviours it outlines provide 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 in Appendix B. Good decision making is supported by the values, principles, standards and behaviours that will guide employees to make decisions and act in good faith and in keeping with the law.

Legislative principles

The Public Sector Ethics Act 1994 describes 4 ethics principles that guide our behaviour and form the basis for our Code of Conduct. 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: 

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

The first principle: Integrity and impartiality

This principle recognises that public office involves public trust, and that public service agencies, public sector entities and public officials seek to promote public confidence in the integrity of the public sector. In doing so, they:

1. are committed to the highest ethical standards
2. accept and value their duty to provide advice that is objective, independent, apolitical and impartial
3. show respect towards all persons, including workers, clients and the general public
4. acknowledge the priority of the public interest and undertake that any conflict of interest issue will be resolved or appropriately managed in favour of the public interest
5. are committed to honest, fair and respectful engagement with the community.

Operationally for you, this means following the 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. You must treat members of the public and your colleagues with honesty, courtesy, fairness and respect. While you must make all reasonable efforts to help 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.

Customers have a right to make a complaint or raise a concern with Council. If a customer wishes to do so, ensure you know how to direct them to the appropriate channel or person. 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. 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 Queensland Privacy Principles set out in the Information Privacy Act 2009. You must also comply with Council’s Information Privacy Policy and Information Management Framework. 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 request can be made under Council’s Administrative Access Scheme. A formal application can also be made under the Right to Information Act 2009. Further details on accessing information held by Council can be found in Council’s Information Privacy Policy.

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. This must be in accordance with Council’s Corporate Procurement Policy and the Contract Manual.

You must not take any action that could create a legal or financial obligation for Council — or that creates, changes or ends a contract for Council — unless you are authorised to do so under a delegation.

You must declare any conflicts of interest when procuring products and services. This ensures ethical behaviour and fair dealing.

Council has an important role to play in combating modern slavery. If you are involved in procuring and contracting activities for Council, you must ensure 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 a person’s private interests intersect with their official duties in a way that could influence, or be perceived to influence, their impartial judgement in carrying out those duties. 

A conflict of interest can arise where a person may avoid a loss or gain an advantage as a result of a decision or action taken in their official role. The loss or advantage may be financial or non‑financial and may benefit the person, their relatives or friends.

A conflict of interest can arise where a person’s personal relationships, such as those involving family members, friends, close associates or partners, influences or could be perceived to influence decisions or actions, are taken in their official role.

A conflict of duty may occur where a person performs 2 or more roles (whether internally or externally) that 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.

You must avoid situations that may compromise your 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. 

You must also make a declaration through the Conflict of Interest Declaration Form in TechOne. The declaration and managing 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 Personal relationships

In the context of this Code of Conduct, a ‘personal relationship’ means a relationship between 2 people that could reasonably be perceived to influence or give rise to a conflict of interest in workplace decisions or behaviour.

Personal or family relationships that may require disclosure include, but are not limited to: 

• a current or former romantic, intimate or sexual relationship
• a domestic relationship, including a spouse, partner or de facto partner
• a family relationship, including a parent, child, sibling, grandparent, grandchild, aunt, uncle, cousin, in‑law, step‑family member or similar familial relationship
• financial relationships, including shared assets, debts, business interests or financial dependency 
• a shared household or living arrangement (for example, housemates), where the nature of the relationship could reasonably give rise to an actual, perceived or potential conflict of interest
• close social or community ties where loyalty or association may influence decision making.

You must tell Council as soon as you are in a personal relationship that could affect or appear to affect workplace decisions. You must declare and manage any conflict of interest that may arise from relationships, in line with clause 1.4 Conflict of Interest.

You must follow any lawful and reasonable directions given to manage a conflict of interest. Compliance with agreed management actions is mandatory.

Where a personal relationship exists, you must not be involved in decisions about the other person’s: 

• supervision
• performance management
• leave approval
• remuneration
• working arrangements
• expenditure
• recruitment
• promotion
• discipline.

Any exceptions require approval and clear, documented controls. 

All conflicts of interest must be recorded and managed through approved Council processes. This ensures decisions are open, fair and can be reviewed. If a conflict cannot be managed at a team level, it may be referred for senior review in line with Council’s Risk Management and Compliance Framework

1.6 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
• being able to show how decisions were made or business activities completed.

In addition, you must not directly or indirectly influence or attempt to influence any person in an improper way to try to gain 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.

Refer to Appendix B — Decision-making principles for more information.

1.7 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 Procedure on Gift’s, Benefits and Hospitality. 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. You also cannot appear to be influencing the person’s or organisation’s relationship with Council.

Refer to Council’s Policy-Procedure on Gifts, Benefits and Hospitality for further information.

1.8 Additional employment

Some workers may wish to engage in employment with another entity outside of their employment with Council.

‘Additional employment’ includes any activities or businesses outside of Council from which you receive or may receive a financial benefit (income or profit).

All additional employment must be disclosed in writing using the Conflict of Interest Declaration form in TechOne.

• New employees who intend to continue additional employment after they start with Council must declare that employment to People and Culture and their Manager before joining Council.
• Existing employees must declare any additional employment to their Manager before starting an additional role.

It is not Council’s intention to stop workers from holding additional employment, as long as you comply with the following principles. Additional 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 of Conduct or competing with a Council activity)
• involve the use of public resources, including Council information.

If additional employment has — or, over time, develops — the potential to adversely affect your performance as a Council employee, you must discuss the situation with your Manager or General 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 ‘additional’ employment. In such a situation there is no 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 General Manager.

1.9 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 an external organisation you must direct them to Council’s Media team. This includes being approached by members of the media, a public relations firm or another stakeholder organisation. (Media requests can be emailed to media@logan.qld.gov.au). The Media team will coordinate these requests in line with Council policy.

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, make sure 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).

Where an employee engages with Council in the capacity of a community member, you must not use or rely on your employment to obtain any advantage and will be subject to the same processes and outcomes as the general public. You are expected to engage respectfully and professionally in all such interactions.

1.10 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.

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.

Employees must not use logos, branding or official organisational materials (including emails, letterheads or templates) on personal accounts in a way that implies official representation or endorsement without authorisation.

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, but is not limited to: Facebook, LinkedIn, X (formerly known as Twitter), Threads, Instagram, YouTube, TikTok, Snapchat and other similar online platforms. Further guidance is provided in Council’s Communications Policy. 

1.11 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 party-political activities during your rostered hours with Council. Council’s IT systems, including internet access and email, must not be used for political messages or for 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 that organisation 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.

1.12 Human rights

Human rights are basic rights and freedoms that belong to all people and are protected under the Human Rights Act 2019 (Qld). As a Council worker, you are required to act and make decisions in a way that is compatible with human rights (see section 1.5 of this Code of Conduct).

Council also recognises and promotes your rights under the Human Rights Act 2019 (Qld). As an example of the rights protected under the Human Rights Act 2019 (Qld), all Council workers have the right to freedom of thought, conscience, religion and belief. This includes the right to hold the religious belief of your choice and to demonstrate that belief in public or in private, subject to lawful reasonable limitations. All workers also have cultural rights, and Aboriginal and Torres Strait Islander peoples have specific cultural rights that are protected under the Human Rights Act 2019 (Qld).

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.

1.13 Behaviour towards each other

At all times, including while at work, at work-related events or out of hours, you must treat others with respect, honesty, fairness, sensitivity, consideration and dignity.

You must make reasonable efforts to understand others, acknowledging that we may not all have the same views, points of view or cultural background. This includes online behaviour, whether on social media or via any electronic communication set out in 1.10 Use of Social Media. 

You are expected to accommodate and respect different opinions and perspectives and to manage disagreements through respectful conversations. You must avoid allowing personal feelings or relationships with other workers from influencing your judgement or decisions on work related matters.

You 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 and taking appropriate actions where performance, conduct and behaviour standards are not being met.

Bystander responsibility

A bystander is someone who sees, overhears or is told about inappropriate and unlawful conduct referenced within this Code of Conduct. Bystanders have a shared responsibility 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, which can be done anonymously if preferred. 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 harasser and letting them know that their conduct is inappropriate.

1.14 Workplace bullying

Council is committed to providing a workplace 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
• 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 in a reasonable way. Leaders sometimes need to manage a worker’s poor (diminished) performance or misconduct. While those times might feel uncomfortable 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 Management Directive.

1.15 Unlawful discrimination

All staff must help build a workplace that embraces diversity and is free from unlawful discrimination. Council does not accept unlawful discrimination in the workplace under any circumstances. 

Certain personal attributes are protected under antidiscrimination law. This means it is unlawful for someone to be treated less favourably because they have one or more of those attributes.

These protected attributes include (as defined by the Queensland Human Rights Commission) a person’s:

• sex
• relationship status
• pregnancy
• parental status
• breastfeeding
• age
• race
• disability (impairment)
• religious belief or religious activity
• political beliefs or activity
• trade union activity
• sex work activity
• gender identity
• sexuality
• sex characteristics
• family responsibilities
• or association with or in relation to a person who has a protected attribute.

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 safely perform a role and under discrimination laws, Council is permitted to do an act that is reasonably necessary to protect the health and safety of people at a place of work. 

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

1.16 Leadership and leadership expectations

Council expects leaders to act with integrity, fairness and accountability. Leaders are expected to model behaviour consistent with Council values, policies and this Code of Conduct. In the context of this Code of Conduct, a ‘leader’ includes any worker with supervisory, managerial or decision making responsibilities. This includes acting or informal leadership roles.

Leaders must:

• treat all workers with dignity, respect and fairness, and contribute to an inclusive workplace by avoiding behaviours that may exclude others 
• exercise authority responsibly and not misuse their position, influence or power
• lead by example and address inappropriate behaviour or substandard performance promptly
• support a safe, respectful and inclusive workplace
• take reasonable steps to protect the health, safety and wellbeing of workers under their supervision.

Leaders must not:

• engage in, tolerate or ignore bullying, harassment, discrimination or other inappropriate conduct
• behave in a manner that is intimidating, coercive, demeaning or an abuse of power
• favour or disadvantage workers improperly or unfairly.

Leaders have a duty of care to workers. You must take reasonable steps to identify and manage workplace risks, respond appropriately to concerns and escalate matters where required.

Due to the nature of a leadership role, leaders are exposed to more confidential, sensitive and personal information than other officers. Leaders must handle this information responsibly and lawfully. They must only access, use or disclose such information where authorised and for legitimate work-related purposes.

Confidential information must not be misused or disclosed to disadvantage others or for personal gain.

These standards and expectations continue to apply after the conclusion of an acting role, or where a worker no longer holds a supervisory or leadership position.

Former leaders must continue to act with integrity, professionalism and respect, and must not misuse information, influence or leverage relationships gained through their leadership role.

1.17 Child safety

Council is committed to promoting and protecting the safety, wellbeing and best interests of children. Council aims to ensure that all children attending Council facilities and services, programs or activities are safe, respected and supported.

Council recognises its obligations under child safety legislation and is committed to taking proactive and preventative steps to eliminate risks of harm to children.

Council’s commitment to child safety extends to ensuring that all workers understand their responsibilities, behave appropriately and maintain professional and ethical standards when interacting with children.

Expected standards of behaviour 

All workers must:

• act in a manner that promotes the safety, wellbeing and dignity of children
• treat children with respect, fairness and care, having regard to their age, vulnerability, culture and individual circumstances
• maintain professional boundaries and appropriate relationships with children
• comply with Council policies, procedures and directions relating to child safety and wellbeing
• take reasonable steps to identify and mitigate risks to children’s safety and wellbeing
• report any concerns, suspicions or allegations of harm, abuse, neglect or inappropriate behaviour involving a child in accordance with Council procedures and child safety legislation
• promote the human rights, safety and wellbeing of children in Council.

Acceptable behaviour

Acceptable behaviour when interacting with children includes:

• communicating with children in an age-appropriate, respectful and professional manner
• ensuring interactions with children are transparent, observable and where practicable occur in open or supervised environments
• supporting children to feel safe, listened to and respected
• listening to children express their views, and taking their concerns seriously if they communicate that they do not feel safe verbally or non-verbally
• acting in accordance with Council’s child safety management directives at all times.

Unacceptable behaviour

Behaviour that is unacceptable and prohibited at Council includes, but is not limited to:

• engaging in any form of unlawful activity with or in relation to a child
• any form of physical, sexual, emotional or psychological abuse, neglect or exploitation of a child
• grooming behaviour or conduct that could reasonably be perceived as attempting to form an inappropriate or overly familiar relationship with a child
• unnecessary, inappropriate or unwelcome physical contact with a child
• engaging in private, secretive or unsupervised interactions with a child without a legitimate work related purpose
• being alone with a child unnecessarily
• unlawfully discriminating against a child or their family members
• using language, gestures, images or communications that are sexualised, offensive, intimidating or inappropriate 
• continuing to communicate with children who have engaged with Council outside of approved Council channels or for non-work-related purposes
• ignoring, minimising or failing to act on concerns about a child’s safety or wellbeing
• accepting or condoning inappropriate behaviour by colleagues, contractors, volunteers or external parties towards children
• engaging in behaviours or actions that cause children and young people to feel culturally unsafe, disrespected, excluded or marginalised.

Council will not tolerate behaviour that creates or contributes to an environment that is unsafe, intimidating or hostile for children and their families.

A hostile environment for children may arise even where behaviour is not directed at a particular child. General conduct, attitudes or practices can create a culture in which children feel unsafe, disrespected or fearful.

For more information, refer to Council’s Child Safety and Wellbeing Management Directive.

1.18 Sexual harassment, sex-based harassment and hostile workplaces

Sexual harassment and sex-based harassment are unlawful and both the person engaging in the conduct and Council can be legally liable for the conduct occurring.

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

Council aims to ensure that all workers are free from 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.

Sexual harassment is any 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.

The intention of the person engaging in the conduct is irrelevant, regardless of whether a comment was 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 likely to 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. 

Conduct that contributes to a hostile workplace environment on the ground of sex is unlawful. 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 is pervasive in the workplace culture.

We all share the responsibility to identify and speak up about 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.

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

The second principle: Promoting the public good

This principle recognises 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:

1. accept and value their duty to be responsive to both the requirements of government and to the public interest 
2. accept and value their duty to engage the community in developing and effecting official public sector priorities, policies and decisions 
3. accept and value their duty to manage public resources effectively, efficiently and economically
4. value and seek to achieve excellence in service delivery
5. value and seek to achieve enhanced integration of services to better service clients.

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

2.1 Using Council assets

General Council assets 

Council assets include:

• property
• fleet assets, including vehicles and plant
• equipment
• information and records
• business systems
• computing and digital resources
• other Council owned or leased goods and resources, including surplus or waste materials and items awaiting disposal.

If you use or are responsible for Council assets (including cash), you must take reasonable care to ensure they are used appropriately, safely, lawfully and cost effectively. They must also be used in accordance with Council policies and management directives. 

You must promptly report any damage, malfunction, loss or suspected theft of Council assets to your Manager so appropriate action can be taken. You must use relevant reporting procedures to do so.

It is an offence to steal, misuse or knowingly allow the misuse of Council assets, or to fail to report loss or damage through the appropriate channels.

You must only use Council assets for official Council business and not for personal, commercial gain or benefit. The exception is if you have written approval from your General Manager. Section 2.3 Limited Personal Use provides further information about how to use Council’s digital tools and platforms.

If a Council asset is lost or damaged as a result of your negligence, misuse or abuse, Council reserves the right to recover from you the reasonable cost of repair or replacement of that asset.

You cannot take surplus or obsolete Council assets or materials for private purposes.

Branding, logos and social media assets 

Council’s logos and trademarks are also considered to be assets. They must be used in line with the corporate Brand Guidelines.

Council’s brand, logo or name must not be used in a way that implies endorsement, sponsorship or partnership unless formally approved. This includes use by community groups, suppliers, partners or grant recipients. 

If you are using Council’s logo files or brand assets for business purposes, you must not share, provide or make them available to external third parties unless authorised in writing by the Corporate Communications General Manager (or delegate).

Information, IT and digital assets

You must use Council information assets responsibly, lawfully and only for authorised business purposes. This includes information, data, systems, devices and approved business systems. Only Council approved business systems can be used to create, store, manage and access Council information assets.

Council information must not be accessed, shared, altered or destroyed without proper authority. You can only share information and data in line with Council’s Information Management Framework, policies, management directives, standards and procedures. 

All use and access to Council business systems are logged and all activity may be monitored and is discoverable by Council. 

Requests to purchase new business systems must be made in accordance with Council’s IT Policy, management directives and standards.

You must ensure system passwords are kept secret and not disclosed. Laptops, mobile phones and other portable electronic devices must be 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.

Fleet assets

If you use or are responsible for a Council vehicle, you must comply with all applicable fleet management policies, management directives, terms and conditions. These documents govern the vehicle’s allocation, use, operation and care.

Mobile devices and communication systems

Council provides mobile devices and communication systems for specific roles to enable business activities. Reasonable and appropriate personal use is permitted in line with Council’s IT standards.

Exit and return of Council assets

When you leave Council, you must return all Council property (including all items with identifiable logos, access readers and badges). You must also remove any work-related documents, information, software, apps or services from any personal devices or storage in line with the Return of Council Items Checklist.

2.2 Responsible use of artificialintelligence (AI)

Council encourages the responsible use of artificial intelligence (AI) tools to support productivity, analysis and service delivery. Workers must only use AI tools that have been approved by Council. 

You must not input Council information into unapproved generative AI tools or use Council credentials to register for unapproved AI services. You are responsible for reviewing all AI-generated content for accuracy, bias and appropriateness before use.

Where AI is used, workers remain accountable for the work they produce and the decisions they make. You must apply appropriate judgement and verify the accuracy of AI-generated content. You must also ensure AI-assisted work is lawful, ethical and aligned with Council policies, management directives and community expectations.

You must not input sensitive, confidential or personal information into unapproved AI tools and you must handle all information in accordance with Council’s information security obligations.

AI must not be relied upon as a substitute for professional expertise, delegated authority or critical thinking. 

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

Council digital tools and platforms — including email, internet, telephone, chat, messaging, collaboration tools and computing devices — are provided to enable business activities. 

Reasonable and appropriate personal use is permitted provided it:

• does not impact your productivity or work performance
• does not adversely affect the performance of Council business systems or networks
• does not bring Council into disrepute
• is consistent with Council’s IT Standards and this Code of Conduct.

You must not use Council business systems, digital tools or platforms to engage in any activity that causes or could be construed as causing any form of harassment, discrimination or victimisation. They must be used in an effective, safe, ethical and lawful manner. Misuse will be handled in accordance with disciplinary procedures.

Council monitors and logs website visits, downloads and activities on Council-managed systems and accounts. General Managers and Managers may request reports to monitor and moderate usage.

Viewing or downloading content considered inappropriate for the workplace may result in disciplinary action.

These obligations apply equally whether you are working from a Council workplace, remotely or using collaboration, messaging or social media platforms.

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

2.4 Financial authorisations, credit cards, 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 management directives exist for:

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

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

2.5 Keeping complete and reliable records

All workers are responsible for managing information as an asset. You are accountable for ensuring information is complete, accurate, stored, secure, accessible and reliable in line with Council’s Information Management Framework principles and roles and responsibilities.

All information and records must be captured in Council approved business systems in line with the Public Records Act 2023 (Qld) and Council’s Information Management Framework, policies and procedures.

Information and records must only be 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 Management Framework.

You cannot use private email accounts or systems and private messaging applications for Council-related business.

Any correspondence and/or decisions made on approved social media must be saved into the appropriate Council system.

Council’s social media channels are monitored under strict guidelines by appropriate staff.

2.6 Intellectual property

You must gain written approval from your Manager before arranging to publish or disclose articles or material 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 information relating to your official duties with other organisations. 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 or software without appropriate licence or approval on Council assets.

3. The third principle: Commitment to the system of government

This principle recognises 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:

1. accept and value their duty to uphold the system of government and the laws of the state, the Commonwealth and local government
2. are committed to effecting official public sector priorities, policies and decisions professionally and impartially
3. 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 the standards and behaviours set out below.

3.1 Acting within the law

As a Council worker, you are required to comply with all legislation and other statutory obligations relevant to Council and Council workers.

You are expected to familiarise yourself and at all times comply with Council’s:

• policies
• delegations
• management directives
• procedures
• health, safety and wellbeing directives.

These documents are in place to ensure that Council, through its workers, complies with applicable laws and regulatory requirements.

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 work group, it should be immediately referred to your Manager.

You are required at all times to be appropriately licensed, qualified or certified to fulfil the inherent 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 an inherent 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, under a state or 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 timesheets). 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 your employment or engagement with Council. However, you must do so in a reasonable and constructive manner, using the appropriate Council processes and taking responsibility for your comments and views. This does not limit your right to raise or escalate matters externally where appropriate. People who raise concerns or participate in investigations in good faith will be treated respectfully and fairly and will not be subjected to victimisation.

When raising a grievance, you are expected to act honestly and in good faith, and to maintain confidentiality throughout the process. Grievances that are 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. Where a significant period of time has elapsed since an incident, it may not be possible to progress a grievance due to the difficulty in investigating historical matters. 

Council aims to protect workers from victimisation or other negative repercussions for reporting issues or concerns in good faith. Your obligation to conduct yourself in a manner that respects the rights and welfare of other Council workers also means it is unlawful to victimise or discriminate against a person who has raised a concern, grievance, or participated in a grievance process. Disciplinary action may be taken if you are found to have treated someone detrimentally because they raised a concern or grievance or participated in a grievance process. Refer to Council’s Grievance Management Directive 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 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 identified in your 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 should be addressed promptly.

If you are responsible for managing or supervising others, you must:

• model the corporate values and principles outlined in this Code of Conduct
• ensure workers within your area of responsibility understand and comply with this Code of Conduct
• not incur a financial obligation to any worker you supervise or manage
• ensure your work and the work of those you supervise contributes to the achievement of Council’s goals
• ensure workers’ time is not wasted, abused or misused
• monitor employee performance and ensure individuals are given constructive and regular feedback on their performance in line with procedures
• give workers development and training opportunities for skill and career development where relevant 
• reasonably distribute resources and workloads
• properly supervise workers who collect, handle or disburse public money
• contact the payroll team when you see something that may result in an overpayment to a worker
• carefully scrutinise all applications for overtime to ensure that they were necessary and authorised
• correctly record employee work times, overtime, allowances and absences in a timely manner, in line with Council’s timekeeping systems
• take appropriate action if breaches of this Code of Conduct occur.

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 a person (or entity) who is not a registered lobbyist if that person or entity intends to carry out a lobbying activity on behalf of a third-party. Where there is uncertainty, steps should be taken to confirm whether the person or entity is listed on the Queensland Lobbying Register.

If an employee becomes aware that the lobbyist is not registered, the matter should be managed in accordance with Council’s Contact with Lobbyist Policy.

The fourth principle: Accountability and transparency

This principle recognises that public trust in public office requires high standards of public administration. Public service agencies, public sector entities and public officials:

1. are committed to exercising proper diligence, care and attention 
2. are committed to using public resources in an effective and accountable way
3. are committed to managing information as openly as practicable within the legal framework
4. value and seek to achieve high standards of public administration and value and seek to innovate and continuously improve performance
5. 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 the following standards and behaviours set out below.

4.1 Diligence, care and attention

You must always aim to conduct business with integrity, honesty and fairness and to achieve the highest standards in service delivery. You must perform your duties honestly, responsibly and in a conscientious and accountable manner to the best of your ability. In the context of this Code of Conduct, ‘diligence’ refers to the care and attention expected of all workers in how they perform their duties and comply with this Code of Conduct. (This is distinct from the specific ‘due diligence’ duties imposed on officers under health and safety legislation. Those are addressed through separate legislative obligations and governance arrangements.)

‘Diligence’ in the context of this Code of Conduct includes:

• being committed to good risk management and compliance practices 
• helping Council to meet its obligation to manage public resources in a way that is effective, efficient, and economical
• behaving and acting in line with our corporate values and the principles in this Code of Conduct
• 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 yourself in a way so others gain confidence and trust in the way Council does 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 identified in your 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 should be addressed promptly.

If you are responsible for managing or supervising others, you must:

• model the corporate values and principles outlined in this Code of Conduct
• ensure workers within your area of responsibility understand and comply with this Code of Conduct
• not incur a financial obligation to any worker you supervise or manage
• ensure your work and the work of those you supervise contributes to the achievement of Council’s goals
• ensure workers’ time is not wasted, abused or misused
• monitor employee performance and ensure individuals are given constructive and regular feedback on their performance in line with procedures
• give workers development and training opportunities for skill and career development where relevant 
• reasonably distribute resources and workloads
• properly supervise workers who collect, handle or disburse public money
• contact the payroll team when you see something that may result in an overpayment to a worker
• carefully scrutinise all applications for overtime to ensure that they were necessary and authorised
• correctly record employee work times, overtime, allowances and absences in a timely manner, in line with Council’s timekeeping systems
• take appropriate action if breaches of this Code of Conduct occur.

4.2 Attendance and absence from duty

You are required 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. 

Being absent without approval or without reasonable excuse:

• means others will be concerned for your safety or wellbeing
• creates unproductive time for colleagues
• results in deductions from your pay for the period of absence
• may impact your continuity of service with Council.

4.3 Notification of criminal charges and convictions

You must notify your supervisor if you are charged with indictable offences and found guilty. (‘Indictable offences’ include those tried before a judge and/or jury, such as murder, sexual assault, robbery, assault and break and enter.) 

What happens after you notify your supervisor will depend on the individual circumstances of the case. It will also depend on the nature of the charge or conviction and its relevance to the 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.

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 guidelines.

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 not to comply 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 that enables it to effectively identify and manage risks and statutory obligations. You can find the Framework on our internet and intranet (The Buzz), as well as in Council’s corporate registers.

Council’s Risk Management and Compliance Framework applies across all of Council.

4.7 Appropriate standard of dress and appearance

You are required to maintain a professional standard of dress, appearance and personal hygiene that reflects Council’s values, supports a positive workplace environment and upholds Council’s professional image at all times. This applies whether you are working on-site, remotely, attending meetings or representing Council in the community.

You must present yourself appropriately as a representative of Council, recognising that your conduct and presentation contribute to community perceptions of Council, regardless of whether your role is directly customer-facing. 

When deciding what is appropriate, consider: 

• the nature of your role and work activities
• community and stakeholder expectations
• workplace health and safety requirements
• cultural diversity and inclusion
• any requirements when attending meetings, events or community engagements
• the work environment and weather conditions.

Clothing and personal presentation should be neat, clean and suitable for your work duties.

Where a corporate uniform is provided or required, it must be worn as directed and maintained in a clean, presentable and safe condition unless otherwise approved.

4.8 Concern for the environment and commitment to sustainability

In performing your duties at Council, you must:

• not carry out any activity that causes or is likely to cause environmental harm
• consider Council’s adopted principles of sustainability in your decision making and activities 
• take all reasonable measures to prevent, avoid or minimise environmental harm, and report it.

We all share responsibility to:

• proactively take opportunities to enhance environmental stewardship
• create healthy surroundings for our community
• protect the natural environment and prevent, avoid or minimise any negative impact on air, water, land and noise.

Refer to Appendix C — Principles of sustainability for more information.

4.9 Self-development

You are encouraged to actively maintain and continuously improve your work performance and support your team’s development. You have an ongoing responsibility to build and enhance your skills, capabilities and professional knowledge relevant to your role. It is essential you stay current with legislative, policy and practice requirements, including completing mandatory compliance training. 

Council provides access to a range of learning and development opportunities, and encourages employees to proactively identify and pursue training that supports individual growth and organisational objectives. 

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. These health, safety and wellbeing requirements exist alongside the Work Health  and Safety Act 2011 (Qld), the Electrical Safety Act 2002 (Qld), the Workers’ Compensation and Rehabilitation Act 2003 (Qld), and the Heavy Vehicle National Law Act 2012 (Qld), where relevant.

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 psychosocial health, safety and wellbeing
• familiarising yourself with and complying with Council’s Health, Safety and Wellbeing Policy and any other Council policy and/or management directive or standard 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 requirements of your role in a safe manner
• telling your supervisor as soon as possible if anything changes that may affect your ability to work safely (including health, fatigue, medication or other personal circumstances), so that work can be managed safely
• correctly using personal protective equipment, tools and equipment as required
• promptly reporting work-related injuries
• cooperating with rehabilitation and return to work arrangements, in line with Council requirements
• taking corrective action to ‘make safe’ and implement improvements.

At all times you have the right to temporarily stop or delay any task that, in your professional opinion, is unsafe. You must promptly tell your supervisor your concerns and the reasons why.

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 Management Directive or outside the requirements of Council’s Official Social and Employee Functions Management Directive
• 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 Management Directive
• gamble or bet on Council premises (except sweeps or tipping competitions authorised by your General Manager).

All Council workers will be subject to testing in relation to drug and/or alcohol levels as prescribed by the Drug and Alcohol Management Directive. You must:

• tell your Manager and supervisor if you are prescribed medication or taking 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 Directive for further information.

Breaches of this code

We acknowledge the majority of our workers are committed to excellent standards regarding all issues covered by the Code of Conduct and our corporate values. 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
• ensuring anyone who behaves contrary to the principles, corporate values and standards contained in this Code of Conduct is subject to appropriate and consistent disciplinary action.

Council will support reasonable efforts to behave ethically and ‘actions in good faith’. However, failure to comply with the Code of Conduct, 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’s 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 of Conduct 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 also be referred to the CCC for investigation, in line 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.

If you have concerns 

If you have a concern or suspect a breach of the Code of Conduct involving one or more Council workers, you can report 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 can report 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 throughout the process. 

When Council investigates incidents, concerns, grievances or alleged breaches, processes will be fair, proportionate and based on evidence. Not all errors or adverse outcomes involve misconduct. Investigations may consider the context, systems and conditions in which actions occurred, as well as individual behaviour. 

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 the Code of Conduct to anyone to whom it applies. 

Council will make the Code of Conduct available:

• to new workers during onboarding
• on Council’s website and intranet site (The Buzz)
• on request to your Manager or Council’s People and Culture Branch.

Training 

All employees will complete online Code of Conduct training during onboarding, followed by annual refresher training through the e-learning platform.

Online code of conduct training is always available to make it easy for you to understand and fulfil your obligations.

Relevant information

Council’s frameworks, policies, management directives, standards and other procedural documents are available on our intranet.

Legislation cited in the Code of Conduct can be found at: legislation.qld.gov.au.

Appendix A - Definitions

Benefit

A benefit includes property, advantage, service, entertainment, the use of or access to property or facilities and 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 or 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 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: 
   1. adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of:  
      1. a unit of public administration; or
      2. a person holding an appointment; and
   2. 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:  
      1. is not honest or is not impartial; or
      2. involves a breach of the trust placed in a person holding an appointment either knowingly or recklessly; or
      3. 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.
   3. would, if proved, be: 
      1. a criminal offence; or
      2. a disciplinary breach providing reasonable grounds for terminating the person's services, if the person is or was 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:
   1. impairs, or could impair, public confidence in public administration; and
   2. involves, or could involve, any of the following: 
      1. collusive tendering;
      2. 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): 
         1. protecting health or safety of persons;
         2. protecting the environment;
         3. protecting or managing the use of the state's natural, cultural, mining or energy resources.
      3. dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of state assets;
      4. evading a state tax, levy or duty or otherwise fraudulently causing a loss of state revenue;
      5. fraudulently obtaining or retaining an appointment.
   3. would, if proved, be: 
      1. a criminal offence; or
      2. a disciplinary breach providing reasonable grounds for terminating the person's services, if the person is or was 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:

1. applies to his or her own use or to the use of any person:
   1. property belonging to another; or
   2. 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
2. obtains property from any person; or
3. induces any person to deliver property to any person; or
4. or gains a benefit or advantage, pecuniary or otherwise, for any person; or
5. causes a detriment, pecuniary or otherwise, to any person; or
6. induces any person to do any act which the person is lawfully entitled to abstain from doing; or
7. induces any person to abstain from doing any act which that person is lawfully entitled to do; or
8. 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:
   1. for an improper purpose; or
   2. on irrelevant grounds; or
   3. having regard to irrelevant considerations; or
5. was a n action for which reasons should have been given, but were not given; or
6. was based wholly or partly on a mistake of law or fact; or
7. was wrong.

Lobbyist

A 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: 

1. contact with a government representative in an effort to influence state or local government decision-making, including:
   1. the making or amendment of legislation; and 
   2. development or amendment of a government policy or program; and 
   3. the awarding of a government contract or grant; and 
   4. the allocation of funding; and 
   5. 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):

• sex
• relationship status
• pregnancy
• parental status
• breastfeeding
• age
• race
• disability (impairment)
• religious belief or religious activity
• political belief or activity
• trade union activity
• sex work activity
• gender identity
• sexuality
• sex characteristics
• family responsibilities
• association with, or relation to, a person identified on the basis of any of the above attributes.

Types of interests

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

A financial interest is when an employee could gain a personal financial benefit, including having shares, receiving gifts, benefits or bribes or receiving hospitality or travel. For example, Alex’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 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 of Conduct 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 manner that:

1. avoids and reduces waste, energy consumption and carbon emissions
2. is water efficient
3. uses recycled or reusable goods wherever practical
4. protects and enhances our natural environment
5. 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:

1. healthy and active
2. inclusive and connected
3. safe and resilient
4. considerate about the environmental, economic and governance ramifications of decisions.

3. Economy - Council will:

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

4. Sustainability Governance - Council will:

1. govern in an ethical and transparent manner
2. provide opportunities for community participation in decision making
3. make its decisions in the interests of the community
4. 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.