Conroy, Sen Stephen

Senator Conroy: The Minister for Sustainability, Environment, Water, Population and Communities has provided the following answer to the honourable senator's question: The following statistics include Code of Conduct investigations undertaken within all divisions of the department and the following portfolio agencies: Director of National Parks The Bureau of Meteorology Great Barrier Reef Marine Park Authority National Water Commission Sydney Harbour Federation Trust Murray Darling Basin Authority The following statistics relate to formal Code of Conduct investigations under the Department's/Agency's section 15(3) procedures. The statistics do not include matters involving a potential breach of the APS Code of Conduct that were resolved without the commencement of a formal investigation process under the Department's/Agency's section 15(3) procedures. These other matters relate to more minor misconduct concerns that are resolved through appropriate administrative mechanisms such as counselling and training. (1) During 2010 – 11, twelve Code of Conduct investigations were finalised under the Department's/Agency's section 15(3) procedures. Three of these investigations commenced in 2009–10. For the year 1 July 2011 to date, four Code of Conduct investigations have been finalised under the Department's/Agency's section 15(3) procedures and there are two ongoing investigations. (2) Of the investigations finalised in 2010–11 and to date in 2011-12, fourteen established a breach and two established no breach. (3)— Elements of Code of Conduct Provisions of the Code of Conduct thought to have been breached. 2010 – 2011 Financial Year – Finalised Investigations (number) 2011 – To Date – Finalised Investigations (number) Ongoing Investigations (number) Behave honestly and with integrity in the course of APS employment (s. 13(1)) 4 0 1 Act with care and diligence in the course of APS employment (s. 13(2)) 4 1 0 When acting in the course of APS employment, treat everyone with respect and courtesy, and without harassment (s. 13(3)) 4 3 2 When acting in the course of APS employment, comply with all applicable Australian laws (s. 13(4)) 4 0 1 Comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction (s. 13(5)) 5 1 0 Maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff (s. 13(6)) 0 0 0 Disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment (s. 13(7)) 2 0 0 Use Commonwealth resources in a proper manner (s. 13(8)) 6 0 0 Not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment (s. 13(9)) 3 0 1 Not make improper use of: inside information, or the employee's duties, status, power or authority, in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person (s. 13(10)) 2 0 1 At all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS (s. 13(11)) 7 1 1 While on duty overseas, at all times behave in a way that upholds the good reputation of Australia (s. 13(12)) 0 0 0 Comply with any other conduct requirement that is prescribed by the regulations (s. 13(13)) 1 0 0 (4)— Type of Outcome What penalties were applied where the Code of Conduct was broken 2010 – 11 Financial Year – Finalised Investigations (number) 2011 – To Date – Finalised Investigations (number) Termination of employment 2 0 Reduction in classification 3 0 Re-assignment of duties 0 1 Reduction in salary 1 1 Deductions from salary by way of a fine 2 1 Reprimand 7 1 Breach found – officer conselled 0 2 Investigation discontinued because of resignation of employee under investigation 1 0 (5) There are currently two ongoing investigations into a potential breach of the APS Code of Conduct under the Department's/Agency's section 15(3) procedures.