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

152 Managing Conflict of Interestaction is primarily aimed at protecting the integrity of the APS andmaintaining public confidence. While the Commission has publishedguidance on how to handle misconduct, agencies have considerablediscretion to set up their own arrangements.SanctionsThe Public Service Act provides for sanctions that may beimposed by an agency head where an employee is found to havebreached the Code of Conduct. The sanctions take the form of termination,reduction in classification, reassignment of duties, reductionin salary, deduction from salary via a fine, or reprimand. 6When it is certain that a breach has occurred, employers mayimpose more than one sanction or, alternatively, they may decidenot to impose a sanction at all. In some cases, just a warning andcounseling (and possibly targeted training) are sufficient. The person’sbehavior should continue to be regularly monitored—forexample, through the performance management cycle. Moreover,review procedures are made available to employees who have beenfound to have breached the Code.Managing Conflicts of InterestConflicts of InterestConflicts of interest are managed through the same process. TheValues and Code include provisions relating to real and apparentconflicts of interest and the same sanctions that apply to breachesof the Code apply in relation to conflicts of interest. Relevant legislativeprovisions covering conflicts of interest include the following.Public Service Act 1999, Section 10 (1) (APS Values)•••The APS is apolitical, performing its functions in an impartialand professional manner;The APS has the highest ethical standards;The APS is openly accountable for its actions, within theframework of ministerial responsibility to the Government,the Parliament, and the Australian public; and6Sanctions are clearly outlined in Section 15 of the PSA.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific