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

150 Managing Conflict of Interestworkplace, and an individual’s personal behavior. The Code of Conductis built around 13 key elements, supporting the standard ofpersonal behavior required of all APS employees and agency heads.All employees are bound by, and must be familiar with, the Code ofConduct. Ignorance is no excuse. The Code includes a requirementthat employees must “at all times behave in a way that upholds theAPS Values and the integrity and good reputation of the AustralianPublic Service.” 4 This creates a link between the Code of Conductand the Values, and means that a failure to uphold the Values canbe a breach of the Code.The Code is legally enforceable and establishes directly thegrounds on which an agency head is able to initiate misconductproceedings against an APS employee. Among other elements, theCode of Conduct covers areas that go to the heart of the probityexpected of APS employees, including the requirement to behavehonestly and with integrity, to act with care and diligence, and tocomply with all applicable Australian laws in the course of APSemployment in Australia or while on duty overseas. APS employeesmust disclose, and take reasonable steps to avoid, any conflictof interest (real or apparent) in connection with APS employment.Moreover, they must not misuse Commonwealth resources, insideinformation, or their duties, status, power, or authority in order togain, or seek to gain, a benefit or advantage for themselves or anyother person. In short, they must at all times and in all places behavein a way that upholds the APS Values and the integrity and goodreputation of the APS.Implementation: Guidance, Processes, and Procedures in PracticeEach agency in the APS is responsible for embedding the Valuesand Code of Conduct in its everyday activities and decision making.This may be challenging for both small and large organizations.However, the key to ensuring all employees understand their obligationsis for agency leaders to demonstrate a commitment to theValues and Code, not just through their own behavior but throughpolicies and systems established to reinforce values-based decisionmaking. For example, the Department of Immigration and Citizenshipprovides all its employees with information on the behaviors4Section 13 of the Public Service Act 1999 sets out the APS Code of Conduct.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific