Managing Conflict of Interest - Organisation for Economic Co ...

Codes and Conduct in the Public Sector 149Expectations, Context, and Purpose: Legislation and APS Valuesand Code of ConductIn the APS, conflicts of interest are managed within a professionalprinciples-and-standardsapproach to managing workplace culture,behavior, and performance. This risk management model is articulatedthrough the PSA, which mandates the APS Values and Code ofConduct. This legislation imposes responsibilities and obligations onagency heads and senior executives and staff, and provides sanctionsfor failure to comply with these professional principles and standards.Real and apparent conflicts of interest are also managed through thisframework.The PSA balances the concept of accountability to the Government,the Parliament, and ultimately the Australian people, withthat of devolving powers and responsibilities to individual agencyheads. Responsibility for employment and human resource mattersis devolved and delegated to individual APS agencies, providingthe flexibility they need to develop management practices to suittheir business needs. This responsibility is supported in practice bythe binding and enforceable set of APS Values and Code of Conductwritten into the PSA. Moreover, the PSA is accompanied by aset of accountability measures to monitor progress and outcomesin each agency across the service.APS employees work in an environment where they are trustedto do the right thing and expected to exercise their judgment inline with the APS Values to deliver services. This requires skills inethical judgment and decision making. The focus is on individuals,ensuring that their behavior is in accordance with the expectedprinciples and standards, as outlined through the APS Values andCode of Conduct. 2 In short, public servants are expected to act ingood faith, making informed decisions consistent with the APS Valuesand Code of Conduct.APS Values and Code of Conduct 3There are 15 APS values framed against relationships with theGovernment and the Parliament, the general public, others in the2Section 10 and 13 of the Public Service Act outline specific expectations foremployee behavior.3The APS Values and Code of Conduct are outlined in detail in Annex 1 of thispaper.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific