Procedures for determining breaches of the Code of Conduct

Most public servants meet the standards set out in the Australian Public Service Values, Employment Principles and Code of Conduct. Sometimes, however, APS employees do not act in a way that is consistent with expectations.

Managers and supervisors are often best placed to observe any indicators of behaviour inconsistent with the Code. They are also key to setting an ethical tone in their teams and building the trust that is necessary for employees to report their suspicions or concerns.

Clause 1.3(f) of the Australian Public Service Commissioner's Directions 2013 require all APS employees, having regard to their duties and responsibilities, to report and address misconduct and other unacceptable behaviour by public servants in a fair, timely and effective way. Failure to report suspected misconduct may itself warrant consideration as a potential breach of the Code.

On 1 July 2013 the Chief Executive of the NCA, established the Procedures for determining breaches of the Code of Conduct and for determining sanction. These procedures apply in determining whether a a person who is an APS employee in the NCA, or who is a former APS employee who as employed in the NCA at the time fo the suspected misconduct, has breached the APS Code of Conduct in Section 13 of the Public service Act 1999.