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Monday, 7 November 2011
Page: 8444

Broadband, Communications and the Digital Economy: Code of Conduct Investigations

(Question No. 1046)


Senator Abetz asked the Minister for Broadband, Communications and the Digital Economy, upon notice, on 29 August 2011:

(1) How many Code of Conduct investigations have there been within the Ministers portfolio in the financial years: (a) 2010-11; and (b) 2011-to date.

(2) How many investigations established: (a) a breach; or (b) no breach of the Code of Conduct.

(3) In Each case, what provisions were thought to have been breached.

(4) What penalties were applied where the Code of Conduct was broken.

(5) How many investigations are ongoing.


Senator Conroy: The answer to the honourable senator’s question is as follows:

The response has been prepared in relation to portfolio agencies staffed under the Public Service Act 1999, and subject to the APS Code of Conduct as at 1 September 2011.

The Department of Broadband, Communications and the Digital Economy

(1) (a) 2010-2011 - Nil Code of Conduct investigations. (b) 2011- to date - Nil Code of Conduct investigations.

(2) N/A.

(3) N/A.

(4) N/A.

(5) N/A.

The Australian Communications and Media Authority

(1).(a) 2010-2011 - 3 Code of Conduct investigations. (b) 2011-to-date - Nil Code of Conduct investigations.

(2) (a) 2 investigations established a breach. (b) 1 investigation established no breach

(3) (a) Investigation 1.

Elements of the Code of Conduct thought to have been breached:

- Behave honestly and with integrity in the course of APS employment (s. 13(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))

- At all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS (s. 13(11))

- Comply with any other conduct requirement that is prescribed by the regulations (s. 13(13))

Investigation 2 .

Elements of the Code of Conduct thought to have been breached:

- When acting in the course of APS employment, treat everyone with respect and courtesy, and without harassment (s. 13(3)).

Investigation 3 .

Elements of the Code of Conduct thought to have been breached:

- When acting in the course of APS employment, treat everyone with respect and courtesy, and without harassment (s. 13(3)).

(4) Investigation 1: Termination of Employment.

Investigation 2: No sanction imposed.

(5) Nil investigations ongoing.