Ludwig, Sen Joe

Senator Ludwig: The Minister for Health and Ageing has provided the following answer to the honourable senator's questions: (1) and (2) In the period 2010-11 19 Code of Conduct investigations were commenced within the portfolio. Of those, 12 breaches were found; five had a finding of no breach; and one investigation is ongoing. One investigation was cancelled prior to a determination due to the resignation of the employee concerned. In the year to date four Code of Conduct investigations have commenced within the portfolio. One breach has been determined and three investigations are ongoing. (3) The details of which elements of the Code of Conduct were suspected to have been breached are provided in the table below. Year and Case Code of Conduct elements * suspected to have been breached in each case 2010-11 Case 1 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 Case 2 3, 4 Case 3 1, 2, 3, 11 Case 4 1, 4, 5, 11 Case 5 3, 5, 8, 11 Case 6 1, 3, 11 Case 7 1, 7, 10, 11 Case 8 1, 2, 3, 4 Case 9 3 Case 10 5 Case 11 1, 3, 5, 9, 11 Case 12 3,11 Case 13 1, 2, 3, 4, 5, 10 Case 14 1, 3, 11 Case 15 1, 2, 3, 11 Case 16 1, 2, 3, 11 Case 17 1, 2, 5, 11 Case 18 1, 2, 3, 5, 7, 8, 10, 11 Case 19 1, 8, 11 2011 YTD Case 1 2, 3, 11 Case 2 3, 10, 11 Case 3 3, 11 Case 4 1, 10, 11 Please note the scope of the portfolio encompasses the following: Aged Care Standards and Accreditation Agency; Australian Commission on Safety and Quality in Health Care; Australian Institute of Health and Welfare; Australian National Preventative Health Agency; Australian Organ and Tissue Donation and Transplantation Authority; Australian Radiation Protection and Nuclear Safety Agency; Cancer Australia; Food Standards Australia New Zealand; General Practice Education and training Limited; Health Workforce Australia; Independent Pricing Authority; National Blood Authority; National Health and Medical Research Council; National Health Performance Agency; Private Health Insurance Administration Council; Private Health Insurance Ombudsman; Professional Services Review; Office of the Aged Care Commissioner; Office of the Gene Technology Regulator; and National Industrial Chemicals Notification and Assessment Scheme. (4) The penalties applied where a breach of the Code of Conduct are provided below. Sanctions (penalties) imposed 2010-11 2011 YTD No sanction imposed 3 Sanction not yet decided 1 Reprimand 5 1 Reprimand and fine 1 Reduction in Salary 2 (5) Refer to the answer provided in 1) and 2) above. * Section 13 of the Public Service Act 1999 The Code of Conduct requires that an employee must: (1) behave honestly and with integrity in the course of APS employment (2) act with care and diligence in the course of APS employment (3) when acting in the course of APS employment, treat everyone with respect and courtesy, and without harassment (4) when acting in the course of APS employment, comply with all applicable Australian laws (5) comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction (6) maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff (7) disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment (8) use Commonwealth resources in a proper manner (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 (10) not make improper use of: (a) inside information (b) 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 (11) at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS (12) while on duty overseas, at all times behave in a way that upholds the good reputation of Australia (13) comply with any other conduct requirement that is prescribed by the regulations