Ludwig, Sen Joe

Senator Ludwig: The answer to the honourable senator's question is as follows: (1) (a) During the period 1 July 2010 to 30 June 2011, there were 22 finalised misconduct investigations. (b) During the period 1 July 2011 to 31 August 2011, there were 3 finalised misconduct investigations. (2) For the period 1 July 2010 to 30 June 2011: (a) 15 investigations established a breach of the APS Code of Conduct. (b) 7 investigations established no breach of the APS Code of Conduct. For the period 1 July 2011 to 31 August 2011: (a) 2 investigations established a breach of the APS Code of Conduct. (b) 1 investigation established no breach of the APS Code of Conduct. (3) For the period 1 July 2010 to 30 June 2011 the following elements of the Code found to have been breached were: Elements of Code of Conduct Number of employees found to have breached this element*# Section 13(1) Behave honestly and with integrity in the course of APS employment 5 Section 13(2) Act with care and diligence in the course of APS employment 7 Section 13(3) When acting in the course of APS employment, treat everyone with respect and courtesy, and without harassment 9 Section 13(4) When acting in the course of APS employment, comply with all applicable Australian laws 2 Section 13(5) Comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction 5 Section 13(6) Maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff 0 Section 13(7) Disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment 0 Section 13(8) Use Commonwealth resources in a proper manner 3 Section 13(9) 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 1 Section 13 (10) Not make improper use of: Inside information 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 0 Section 13(11) At all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS. 13 Section 13(12) While on duty overseas, at all times behave in a way that upholds the good reputation of Australia 0 Section 13(13) Comply with any other conduct requirements that is prescribed by the regulations 0 * An individual employee can be counted against more than one element of the Code of Conduct # 1 employee was subject to 2 separate investigations. For the period 1 July 2011 to 31 August 2011, the following elements of the Code found to have been breached were: Elements of Code of Conduct Number of employees found to have breached this element* Section 13(1) Behave honestly and with integrity in the course of APS employment 2 Section 13(2) Act with care and diligence in the course of APS employment 0 Section 13(3) When acting in the course of APS employment, treat everyone with respect and courtesy, and without harassment 0 Section 13(4) When acting in the course of APS employment, comply with all applicable Australian laws 0 Section 13(5) Comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction 0 Section 13(6) Maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff 0 Section 13(7) Disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment 0 Section 13(8) Use Commonwealth resources in a proper manner 2 Section 13(9) 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 0 Section 13 (10) Not make improper use of: Inside information 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 0 Section 13(11) At all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS. 1 Section 13(12) While on duty overseas, at all times behave in a way that upholds the good reputation of Australia 0 Section 13(13) Comply with any other conduct requirements that is prescribed by the regulations 0 * An individual employee can be counted against more than one element of the Code of Conduct (4) For the period 1 July 2010 to 30 June 2011, the following sanctions were imposed: Sanction Imposed Outcome* Termination of employment 2 Reduction in classification 1 Re-assignment of duties 0 Reduction in salary 0 Deductions from salary by way of fine 2 Reprimand 6 Breach found but no sanction imposed 5 No breach found 4 Resignation prior to breach being determined 1 Termination during probation 1 * An individual employee can incur one or more outcome (sanction) For the period 1 July 2011 to 31 August 2011, the following sanctions were imposed: Sanction Imposed Outcome* Termination of employment 1 Reduction in classification 0 Re-assignment of duties 0 Reduction in salary 0 Deductions from salary by way of fine 0 Reprimand 1 Breach found but no sanction imposed 0 No breach found 1 Resignation prior to breach being determined 0 * An individual employee can incur one or more outcome (sanction) (5) As at 31 August 2011, there were 10 ongoing misconduct investigation.