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

Codes and Conduct in the Public Sector 151expected of departmental managers and leaders. Likewise, theDepartment of Health and Aging reinforces the behaviors expectedof its employees through awareness-raising and training programs.Agencies also reflect the APS Values and Code of Conductin management frameworks, operating systems, and corporatedocuments. For example, the performance management systemin the Australian Customs Service concentrates not just on what isachieved but on how it is achieved. Behavior is regarded as equallyimportant as other outputs and outcomes.Agencies also have assurance mechanisms that help preventor reduce misconduct and inappropriate behavior. For example,the Australian Taxation Office (ATO) has established a centralizedsystem where employees can raise concerns, knowing that theywill be heard and the issues addressed. The ATO uses this systemto monitor, analyze, and report the issues raised; this aids evaluationand exposes systemic issues and areas where improvement isneeded. The system also includes a quality control mechanism toensure that cases are dealt with fairly and consistently.Enforcement and SanctionsInvestigating Suspected MisconductThe legislative framework contains a core set of procedures fordealing with suspected breaches of the Code. Agency heads arerequired to establish procedures for determining whether an APSemployee in their agency has breached the Code with regard to thebasic requirements published by the Public Service Commissioner. 5The procedures must have due regard for procedural fairness.People whose interests will be adversely affected by a decision needto be given an opportunity to be heard (to state their case and tohear the case against them) and decision makers must act withoutbias or self-interest. No person can determine a case in which he orshe has a direct interest.Agency heads must take reasonable steps to ensure that everyemployee in their agency has ready access to the procedures.Sanctions need to have substance but should be fair, consistent,and proportionate to the nature and severity of the breach. Taking5This requirement is outlined in Section 15(3).ADB/OECD Anti-Corruption Initiative for Asia and the Pacific