APS Code of Conduct: Section 13 Public Service Act 1999 Obligations

Statutory framework

The Australian Public Service Commission (APSC) administers the *Public Service Act 1999* (Cth). This Act establishes the framework for the Australian Public Service, outlining key principles and obligations. Relevant sections include those setting out the APS Values (section 10), the APS Employment Principles (section 10A), the APS Code of Conduct (section 13), and sanctions for breach (section 15).

The *Public Service Regulations 2023* (formerly 1999) provide the underpinning process and reporting requirements related to the *Public Service Act 1999*. Section 13, often referred to as the ‘13 elements’ of the APS Code of Conduct, applies to all APS employees. Agency heads are also subject to the Code, as outlined in section 14.

The *Public Service Act 1999* also interacts with other legislation, such as the Public Interest Disclosure Act 2013 PID Commonwealth, which provides protections for individuals reporting wrongdoing.

Key obligations 13(1)-(6)

Section 13 of the Public Service Act 1999 outlines specific obligations for Australian Public Service employees. Subsection 13(1) requires employees to behave honestly and with integrity when performing their duties. Subsection 13(2) mandates that employees act with care and diligence in connection with their APS employment.

Further obligations are detailed in subsections 13(3) and 13(4). Employees must treat all individuals with respect and courtesy, and without harassment, while acting in their APS role. They are also required to comply with all applicable Australian laws.

Subsections 13(5) and 13(6) address workplace authority and confidentiality. Employees must comply with lawful and reasonable directions from authorised agency personnel. They are also obligated to maintain appropriate confidentiality regarding dealings with Ministers or their staff.

Conflicts, position and information 13(7)-(11)

Section 13 of the Public Service Act 1999 outlines obligations relating to conflicts of interest, position, and information. Employees must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with their APS employment, as per 13(7). Furthermore, employees must use Commonwealth resources in a proper manner and for a proper purpose, as stipulated in 13(8).

Employees are prohibited from providing false or misleading information in response to official requests, according to 13(9). They must also refrain from making improper use of inside information or their duties, status, power or authority to gain a benefit or advantage, or to cause detriment, as detailed in 13(10).

Finally, 13(11) requires employees to behave in a way that upholds the APS Values and Employment Principles, and the integrity and good reputation of their Agency and the APS. When overseas, employees are also expected to behave in a way that upholds the good reputation of Australia (13(12)).

Sanctions and ASLC

Sanctions for breaches of the APS Code of Conduct are outlined in section 15(1) of the Public Service Act 1999. Possible sanctions include termination of employment, reduction in classification, reassignment of duties, reduction in salary, deductions from salary by way of fine, or a reprimand.

Determinations of breach must be made following procedures established by the Agency Head under section 15(3). These procedures must be consistent with the APSC Commissioner’s Directions, specifically the Australian Public Service Code of Conduct procedures (Australian Public Service Commissioner's Directions 2022).

The Australian Government Investigations Standards (AGIS) and the Australian Public Service Senior Leadership Capability (ASLC) framework provide supporting integrity expectations. Decisions to terminate APS employment are subject to review under the Fair Work Act 2009 unfair dismissal jurisdiction, where applicable.