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Code of Conduct

June 2017

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Document Control

Document Title Code of Conduct

TRIM File Name Personnel – Policy – Policy Code of Conduct

TRIM File No. MHC-03336 TRIM Doc No. MHC17/19154

Status Current

Owner Corporate Executive

Version Number 2.0 Version Date 27 July 2017

Review

Reviewed By Signature Date

Senior HR Consultant 12 June 2017

People and Communications Committee 14 June 2017

Release and approval

Reviewed By Signature Date

CorpEx 30 June 2017

Record of issue

Version Date Reason and comment

Next Review Date June 2019

Contact for enquiries and proposed changes

All queries and changes regarding this document should be directed to

Name Sonia Padmanabham

Position Assistant Director, People and Development

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Table of Contents

Message from the Commissioner ...................................................................... 4

Our Vision ...................................................................................................... 4

Our Mission .................................................................................................... 4

Our Values ..................................................................................................... 4

Purpose ............................................................................................................. 5

Scope ................................................................................................................ 5

Definitions .......................................................................................................... 5

Policy Statement ................................................................................................ 6

1. Personal and Professional Behaviour ................................................... 6

2. Communication and Official Information ............................................... 7

3. Conflicts of Interest and Gifts and Benefits ........................................... 8

4. Use of Public Resources ...................................................................... 9

5. Record Keeping and Use of Information ............................................. 10

6. Fraudulent or Corrupt Behaviour ........................................................ 11

Reporting a Breach of the Code ...................................................................... 11

Roles and Responsibilities ............................................................................... 12

Relevant Legislation ........................................................................................ 12

Relevant Policies ............................................................................................. 12

Relevant Guidelines ......................................................................................... 13

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Message from the Commissioner

Our Code of Conduct sets out principles, standards and expected behaviours that reflect our commitment to working together in an inclusive, respectful and productive working environment.

The Mental Health Commission’s Vision, Mission and Values form the basis of how we conduct ourselves in the workplace and carry out our duties.

It empowers us in our respective roles and responsibilities in a way that not only outlines expected conduct but also demonstrates our commitment to ethical behaviour, integrity and accountability.

While the Code of Conduct does not cover every possible situation, it provides a reference point to assist us in understanding our obligations in the workplace that is in the best interest of the MHC, and ultimately for the services we provide to the Western Australian community.

All staff should become familiar with the provisions of this document and adhere to these guidelines at all times.

This will ensure we continue to build and maintain a healthy and effective workplace culture.

Timothy Marney, Mental Health Commissioner

Our Vision

A Western Australian community that experiences minimal alcohol and other drug-related harms and optimal mental health.

Our Mission

To be an effective leader of alcohol, drug and mental health commissioning, providing and partnering in the delivery of person-centred and evidence-based:

Prevention, promotion and early intervention programs; Treatment, services and supports; and Research, policy and system improvements.

Our Values

We Value:

Respect for individuals and culture Working together and supporting each other Involving and engaging others Ownership, transparency and accountability Fair and ethical decisions Improvement focus

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Purpose

This policy establishes a common understanding of the standards of behaviour expected of all Mental Health Commission (MHC) employees. The Code of Conduct (Code) covers issues we may encounter in our daily activities, what is important in the delivery of our functions, what we agree to do and how this can be achieved.

Scope

This Policy applies to all persons whether in paid employment, on contract or undertaking voluntary services for the MHC (hereinafter referred to as employees).

Definitions

Conflict of Interest

Involves a situation arising between the performance of a public duty and private or personal interests.1

Lawful direction

A lawful direction is a direction which falls within the scope of the job description, involves no illegality and which is reasonable.

Public Officer

Defined by the Criminal Code and includes;

a) a person exercising authority under a written law; b) a public service officer or employee within the meaning of

the Public Sector Management Act 1994;

c) a member, offer or employee of any authority, board, corporation, commission, local government, council of a local government, council or committee or similar body established under a written law; or

d) any person holding office under, or employed by, the State of Western Australia, whether for remuneration or not.

For the purpose of this policy, every employee of MHC is a Public Officer.

Stigma A personal attitude or belief that negatively labels a group of people, such as those with mental illness or alcohol and/or other drug issues.

1 Conflict of Interest Guidelines, The WA Integrity Coordination group (a group consisting of the

Office of the Auditor General, the Commissioner for Public Sector Standards, the Corruption &

Crime Commission and the Ombudsman of Western Australia)

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Policy Statement

Employees should be guided by the information contained in our Code and the principles of the Public Sector Code of Ethics. The Code places an obligation on all employees to take responsibility for their own conduct and to work with colleagues cooperatively to establish consultative and collaborative workplaces, where people are happy and proud to work. The Code does not attempt to provide a detailed, exhaustive list of what to do in every aspect of an employees work. Instead, it sets out standards of behaviour and a broad framework to assist employees on deciding on appropriate conduct during their employment relationship with the MHC.

The core principles of conduct outlined in this Code are related to:

1. Personal and Professional Behaviour 2. Communication and Official Information 3. Conflicts of Interest and Gifts and Benefits 4. Use of Public Resources 5. Record Keeping and Use of Information 6. Fraudulent or Corrupt Behaviour

Many issues stated in our Code are covered in more detail in related legislation, policies and procedures, industrial instruments and external codes. These form an integral part of the Code.

1. Personal and Professional Behaviour

Employees are expected to act professionally and ethically, promote a positive working environment, treat others with respect and demonstrate honesty and integrity.

In practice this means employees:

Treat colleagues, consumers and all members of the community, with professionalism, courtesy and respect, with proper regard for their rights, safety and welfare.

Value difference, diversity, opinions, choices and approaches of others and practice tolerance and sensitivity in their interactions, particularly in relation to cultural values and personal beliefs.

Collaborate and work with others in a way that promotes a harmonious and productive working relationship.

Are mindful of their verbal and non-verbal communication, to ensure it does not cause harm or distress to others in the work environment. This includes using language that is respectful and that seeks to reduce stigma.

Ensure that all communication with external stakeholders represents the best interests of the MHC and that it is consistent with this Code and the MHC’s values.

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Promptly carry out all duties relating to their position or any other duties they are lawfully directed to perform.

Participate actively in the MHC’s performance development process and in performance discussions with their managers.

As supervisors, are obliged to ensure that instructions given to their employees are ethical, reasonable and clear.

Make reasonable decisions based on fair and objective processes, giving consideration to all available information, legislation and applicable policies and procedures.

Act with integrity in the performance of their duties and are scrupulous in the use of official information and facilities.

Report to work as scheduled, but when absence is necessary for any reason, promptly notify their supervisor, including providing evidence to support the absence, as required.

Take reasonable care of their own and others’ safety and health, including identifying and promptly reporting hazards, accidents or incidents.

Dress in a way that is appropriate for the work they do and the working environment, and comply with our Dress Standards Policy and other related policies and procedures.

Employees are expected not to:

Engage in behaviour which may be considered as offensive, unwelcome, degrading or humiliating or any harassment, discrimination or bullying behaviors.

Present themselves for work in an unfit or improper condition, including under the influence of alcohol and/or other drugs.

Policies which address these behaviours are:

Alcohol and Other Drug Use Policy Dress Standards for Employees Policy and Guidelines Elimination of Harassment and Discrimination Policy Equal Opportunity and Diversity Policy Fitness for Work Policy Occupational Safety and Health Policy Performance Development Policy and Operational Guidelines Prevention of Bullying in the Workplace Policy

2. Communication and Official Information

We are obliged to maintain appropriate confidentiality about dealings that we may have in the course of our work including the use and disclosure of confidential and official information. We must respect the confidentiality of information which comes to us in the course of our duties.

In practice this means employees:

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Maintain confidentiality about any information that becomes available to them in the course of their employment with the MHC and only disclose confidential information with appropriate approval. This includes all data and information relating to a client which will be held private, unless the client gives consent permitting disclosure. Information should only be disclosed to authorised persons or entities in the authorised manner.

Only use official information for the work-related purpose it was intended. This includes client information only being viewed by clinicians actively working with the client/s and in line with the requirements of their role.

Respect the MHC’s intellectual property rights and acknowledge that anything developed in the course of their employment remains the property of the MHC, except under approved circumstances.

Employees are expected not to: Use official information obtained through the course of their employment

with the MHC to provide public comment or communicate in writing, online or via social media without written authorisation.

Give unauthorised persons information relating to the business of the MHC, or any other government agency.

Disclose the contents of official papers including internal reports or documents to unauthorised persons.

Make use of, obtain access to, attempt to obtain access to or assist others to obtain access to MHC systems and information in order to gain, or seek to gain, a personal benefit or advantage for themselves or others, or cause detriment to the MHC or others.

Policies which address these behaviours are: Media Management Policy Public Interest Disclosure Policy Public Interest Disclosure Procedures Social Media Policy Information Security Policy Confidentiality of Client Information Policy

3. Conflicts of Interest and Gifts and Benefits

It is important that employees ensure all conflicts of interest are identified, disclosed and managed in a transparent way which promotes public confidence

in the integrity, impartiality and fairness of MHC processes and decision making. Acceptance of gifts, benefits or hospitality can give the impression to others that MHC has a conflict of interest, may be unduly influenced or is providing preferential treatment to specific individuals or organisations.

In practice this means employees:

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Verify that personal, financial or political interests of themselves or those of their family and/or associates do not conflict with, or influence, their professional obligations.

Identify, record and manage any actual, potential or perceived conflicts of interest.

Declare and record all gifts and benefits offered, regardless of their value or whether the offer has been accepted.

Make applications to accept gifts over the low/nominal value outlined in the Gifts and Benefits Policy and Operational Guidelines.

Employees are expected not to:

Accept monetary gifts such as cash, cheques, gift certificates, money orders or anything else that can be easily converted into cash (e.g. shares).

Accept gifts or benefits that may place the MHC in a position of actual, perceived or potential conflict of interest.

Policies which address these behaviours are:

Conflict of Interest Policy and Guidelines for Managing a Conflict of Interest

Gifts and Benefits Policy and Operational Guidelines Clinical Conflicts of Interest Policy

4. Use of Public Resources

All employees of the MHC are required to use the resources of the state in a responsible and accountable manner. All employees have a responsibility to employ and demonstrate sound judgment when using the MHC’s resources and equipment and should ensure the use of these is in accordance with relevant policies.

In practice this means employees:

Adhere to appropriate legislation and MHC policies and procedures in sourcing, selection, engagement of contractors, consultants, suppliers and other external parties.

Are open and accountable for expenditure, including use of public money for hospitality, travel and engaging contractors and suppliers.

Use MHC resources economically in order to ensure waste is avoided or reduced, and costs are minimised.

Take good care of MHC equipment and resources including taking appropriate measures to secure against theft and misuse, and report any damage, loss or faults.

Are diligent and efficient in the use of publicly funded resources including office facilities and equipment, vehicles, corporate credit cards and the purchase of goods and services.

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Employees are expected not to:

Use the MHC’s resources for private financial gain for themselves of others, or for party political work.

Policies which address these behaviours are:

Acceptable Use Policy Department of Finance Procurement Practice Guide Mobile Devices Policy Purchasing Card Policy Schedule of Appointments, Delegations and Authorisations

5. Record Keeping and Use of Information

Good record keeping is an essential aspect of open, transparent and accountable decision making. Adherence to proper record keeping standards ensures that decisions and decision making processes are available for review.

In practice this means employees:

Maintain appropriate records of all actions and decisions and other business transactions conducted through the course of their employment, to enable transparency and review.

Ensure the secure storage of sensitive and confidential information. Maintain confidentiality of all records and personal information obtained

through the course of their employment. Maintain security over information that is removed from the worksite (i.e.

USB thumb-drives, laptops, mobiles). Comply with the MHC Record Keeping Plan. Ensure that any document that becomes part of the public record is

retained in accordance with statutory requirements and is accessible in accordance with the requirements of the Freedom of Information Act

1992.

Employees are expected not to:

Falsify, destroy, alter, back-date, damage or remove without authorisation, official MHC records.

Disclose confidential and personal information without proper written authorisation.

Policies which address these behaviours are:

Freedom of Information Policy Recordkeeping Policy MHC Recordkeeping Plan Case Notes Policy

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6. Fraudulent or Corrupt Behaviour

Employees are expected to conduct themselves lawfully and properly and not use their position with the MHC for personal advantage or for the personal advantage or disadvantage of others.

In practice this means employees:

Perform their duties and conduct themselves to the highest standards of honesty and integrity.

Act ethically and not engage in conduct which is, or may be seen as, fraudulent or corrupt.

Report any actual or reasonable suspicion of fraudulent, corrupt or criminal behaviour or mismanagement of public resources.

Employees are expected not to:

Engage in conduct which is dishonest or may cause harm to a person. Promote, encourage, ignore, condone, participate in or benefit from any

fraudulent, corrupt or criminal acts during the course of their employment or using MHC grounds, premises or assets.

Policies which address these behaviours are:

Anti-Fraud and Corruption Policy

Criminal Record Screening Policy

Fraud and Corruption Control Plan

Misconduct Policy and Guidelines

Reporting a Breach of the Code

Suspected Code breaches should be discussed with a manager, or senior officer of the Commission.

Any alleged unethical behavior will be investigated and dealt with promptly and fairly under the MHC’s Misconduct Policy and Guidelines and or disciplinary procedures contained within the Public Sector Management Act 1994.

A Public Interest Disclosure is made when a person discloses to a proper authority, information that tends to show past, present or proposed future

improper conduct by a public body in the exercise of public functions. Guidelines on making a Public Interest Disclosure are outlined in the MHC’s Public Interest Disclosure Policy and Procedures.

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Roles and Responsibilities

Employees are required to:

Familiarise themselves with and comply with the Code and associated policies at all times while in the workplace or representing MHC.

Advise management if they believe the Code may have been breached.

Managers are responsible for:

Supporting and contributing to the implementation of this Code, its mission statement and objectives.

Providing new employees with an understanding of this Code during their induction to MHC.

Human Resources are responsible for:

Providing employees with the opportunity to consult and provide feedback on this policy.

Providing support and guidance to managers and employees where a breach of this policy may have occurred.

Relevant Legislation

Corruption and Crime Commission Act 2003

Equal Opportunity Act 1984

Financial Management Act 2006 Freedom of Information Act 2006

Public Interest Disclosure Act 2003 Public Sector Management Act 1994

Relevant Policies

Acceptable Use Policy Alcohol and Other Drug Use Policy Anti-Fraud and Corruption Policy Case Notes Policy Clinical Conflicts of Interest Policy

Confidentiality of Client Information Policy Conflict of Interest Policy and Guidelines for Managing a Conflict of

Interest Criminal Record Screening Policy Dress Standards Policy Elimination of Harassment and Discrimination Policy Equal Opportunity and Diversity Policy Fitness for Work Policy Fraud and Corruption Control Plan

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Freedom of Information Policy Gifts and Benefits Policy and Operational Guidelines Information Security Policy Media Management Policy MHC Recordkeeping Plan Misconduct Policy and Guidelines Mobile Devices Policy Occupational Safety and Health Policy Performance Development Policy and Operational Guidelines Prevention of Bullying in the Workplace Policy Public Interest Disclosure Policy Public Interest Disclosure Procedures Purchasing Card Policy Recordkeeping Policy Social Media Policy Schedule of Appointments, Delegations and Authorisations

Relevant Guidelines

Department of Finance Procurement Practice Guide