DECS Implementation The Code of Conduct

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DECS Implementation
Presenters Marg Davidson Robyn Sweatman
__________________________________________________
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Ethical Standards and Merit Protection Unit,
February 2006
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Acknowledgement of Country
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The Code of Conduct

• The Full Story
• or A
• Chapter In A Larger Volume?

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Aim

• Set the context
• Links between the Code of Conduct and the DECS
  Statement of Directions
• The implementation requirements for the Code of
  Conduct
• Provide
• Tools and strategies for establishing and
  maintaining ethical environments, ethical
  behaviours and ethical decision making processes
  in the work place
• Resources
• Support leaders in
• Applying the principles to their general
  management practice
• Developing their own staff development programs
• Establishing and maintaining ethical
  environments, ethical behaviours and ethical
  decision making processes in the work place

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Overview

• Ethics
• What is it?
• Context
• The world view
• The Legislative Framework
• The DECS Context
• Ethics in the Workplace
• Meeting the Ethical Challenge
• Individuals
• Sites and units
• DECS
• Principles into Practice
• Ethical Decision Making Model
• Implementation
• Planning for sites
• Activities Tool Kit

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Values Lines
Group Activity
?
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EthicalDecisions
Relationships among individuals
Values cultural influences
Laws, regulations codes
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Ethics

• is internally observed
• is governed by the spirit of the intent behind
  the rule
• requires thought and choice
• allows for choice on the morally permitted
  morally ideal continuum boundaries

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How ethical are you in your everyday life?
QUIZ
?
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MEETING THE ETHICAL CHALLENGE
Personal Accountability

• accept you have a choice
• begin change at the personal level
• make informed choices
• be prepared to stand up be counted

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The Ethical Person is

• Self Aware
• Self Reflective
• Self Critical

• knows roles and expectations
• knows relevant policies and rules
• is able and willing to explain choices

• is able to identify when individual choices
  clash with legislation or Government/DECS
  policy

• can explain the process and thinking behind
  choices
• is willing to recognise and learn from mistakes

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WHY HAS ETHICS BECOME SO IMPORTANT?
1950s trust me world
1990s show me world
2000s include me world
WHAT HAS DRIVEN THE ETHICS BOOM?

• organisational misconduct
• media exposure / public backlash
• ineffective corporate governance
• heightened visibility / networked world
• growing maturity of organisational institutions

Adapted from OPE Ethics Resource Kit
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CONTEXT The Legislative Framework
Parliament of Australia

• Racial Discrimination Act, 1975
• Sex Discrimination Act, 1984
• Australian Human Rights and Equal Opportunity
  Commission Act 1986
• Disability Discrimination Act, 1992

Parliament of South Australia South Australian
Acts and Regulations

• Education Act, 1972
• Education Regulations
• Equal Opportunity Act, 1984
• Occupational Health, Safety and Welfare Act,
  1986
• Freedom of Information Act, 1991
• Whistle Blowers Protection Act, 1993
• Public Sector Management Act, 1995
• Honesty and Accountability Act, amending PSM
  Act, 2004
• SafeWork SA Amendment Act 2005

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Group Activity
?
What would an ethical working environment be like?
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An Ethical Environment
Group Activity Discussion

• An Ethical Environment
• Looks like .
• Sounds like .
• Feels like

An Ethical Environment Y chart
Describe your ideal ethical environment
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The Code of Conduct
Integrity the intent or meaning behind your
actions Respect - how you treat
others Accountability - fulfilling
responsibility to government, community DECS
Principles
Principles in Practice
Ethical Decision Making Model
As public sector employees we are required to act
(and are entitled to be treated by colleagues) in
line with the Code of Conduct
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DECS CONTEXT
Organisational Values

• Cooperation
• Excellence
• Fairness
• Integrity
• Respect
• Responsibility - Accountability

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From DECS Strategic Directions
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Principles in Practice

• Integrity
• Examples of someone acting with Integrity are

• being fair and equitable
• providing honest, accurate and complete
• feedback
• ensuring s/he doesnt have, or appear to have,
  a conflict of interest

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Principles in Practice

• Respect
• Important features of a work and learning
  environment underpinned by Respect are

• freedom from Harassment and Bullying
• equitable, non- discriminatory processes
• valuing of diversity and difference
• respect and courtesy shown to individuals

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Principles in Practice

• Accountability
• Fulfilling the obligations of Accountability
  includes

• maintaining confidentiality privacy
• complying with legislation and departmental
• policies
• being careful with public comment
• using resources effectively
• transparency in decision making
• reporting misconduct, corruption, illegal
  activity Inappropriate conduct definition pg
  14

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Principles in Practice
Group Activity
?

• Examples from our own workplaces

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Ethical Decision Making Model Pg 4

• Define the problem
• Identify the underlying principles, legislation
  and policies
• Identify and consider the options
• Apply the Sunlight Test - Ask yourself

• What would your family or chief executive say if
  your actions were reported on the front page
  of a newspaper?
• How will the decision be viewed by future
  generations?
• Would you be happy if this action was performed
  on you?

• Choose your course of action

If you are unsure, seek advice before you act
you are responsible for your actions
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WORKPLACE SCENARIOS
?
What is the ethical course of action here?
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ORGANISATIONAL ETHICS

• - a set of formal informal standards of conduct
  that employees use to guide their behaviour.

Organisational life is not only about
resultsthat are achieved, it is about

• who you are - values
• - organisational reputation public trust
• what you are aiming at - vision
• - social, economic environmental impacts
• what efforts you have made - integrity
• - how you achieve results, ethics, governance
  relationships

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BARRIERS TO ETHICAL WORKPLACES
Assumptions that

• ethics costs too much
• - time money
• ethics is restricted to individual morality not
  learnt at work
• /orthe ethical side of work life will take
  care of itself
• managing ethics is a job for others

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The Ethical Employer

• Is clear about policies, rules, regulations and
  expectations
• applies standards consistently, fairly and justly
• supplies written expressions that employees are
  expected to read, use, sign
• does not exempt anyone regardless of level
  fromacting in the expected manner
• uses clear and consistent consequences for
  violations

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The Ethical Employer

• Gives employees voice in matters of
  ethicsthrough
• an open culture encouraging discussion onethical
  issues
• effective grievance whistle blowing procedures
• protection for complainants and whistle blowers
• respect for union membership
• Provides Transparent Decision Makingwhere
• reasons for decisions are given
• procedural fairness is provided
• site and system implications are considered
  appropriate changes implemented

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The Systems View of the Ethical Organisation
Induction
Safety Wellbeing Role Clarity

Ethical Behaviour Equity and
Consistency Systems Focus
Fairness Immediacy
Learning Development
Authority Systems
Employee Voice
Rewards Sanctions
Recruitment Merit Selection
Probity Accountability
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DECS Systemic Integration On-going Compliance

• Areas of critical and immediate focus
• Recruitment
• Merit Selection Local Selection
• Induction
• Performance Management
• Grievance Procedures
• Systemic Training Packagesincluding
• Merit Selection,
• PAC,
• Grievance Management,
• Anti-racism and Anti Sexual Harassment
• OHSW

Successful implementation requires an ongoing
review and improvement of departmental procedures
and systems to ensure alignment with both the
Code and DECS Statement of Directions
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Implementation Requirements- Sites and Units

• Initial awareness - July to December 2005
• Distribution to staff
• Discussion and consideration of Code and its
  application

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Implementation Requirements- Sites and Units

• Review policy, procedures practices - to April
  2006
• Training and workshop sessions with staff
• Induction for new staff, and new managers-
  scope, responsibilities, general principles
• Performance Management / Staff Development
  programs
• Decision making processes- including PAC, Merit
  Selection Grievance Procedures

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Implementation Related Policy and Procedures

• Induction
• Managing Diversity
• Performance Management
• Professional Standards for Teachers in South
  Australia
• Merit Selection
• Anti Racism Policy
• Sexual Harassment and Antiracism (Handbook)
• Violence / Bullying Management Procedure
• Psychological Health Management Procedure

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Implementation Requirements- Sites and Units

• Putting principles into practice - Ongoing
• Applying the Code of Conduct and DECS Statement
  of Directions to support our efforts to provide
  an ethical environment and ethical behaviour as
  the norm in our work places

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WORKPLACE IMPLEMENTATION
?
Where next?
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Workplace Implementation
Identifying Issues, Priorities Strategies
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Sources / References

• Ethics Resource Kit, for the South Australian
  Public Sector 2003,Office for the Commissioner
  for Public Employment
• ESMPU Training materials presentations
• Presentation by Phil OLoughlin, Dir HR IR
  Services, to Senior Exec 2005
• Public Sector Middle Management Competencies
• DECS Professional Standards for Teachers in South
  Australia
• OPE Workforce Perspectives Survey, 2004
• Office of People and Culture Managers Pack
• Refer to Conduct Discipline on HR
  website at www.decs.sa.gov.au/Hr1

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Leadership and Management Responsibility

• The expectations of how we do things,what we pay
  attention to and what is recognised and rewarded
  is most clearly demonstrated by the behaviour of
  leaders and managers

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Leadership and Management ResponsibilityOPE
Workforce Perspectives Survey, 2004

• 51 of respondents reported their manager
  inspired them through his/her behaviour
• 51 reported that their input was adequately
  sought and considered about decisions that
  affected their jobs
• 51 reported their training and development needs
  had been identified and agreed with their manager
  in last 12 months
• 98 reported they felt safe at work

• However they also reported that
• 26 had experienced bullying/harassment in the
  last 12 months
• 47 had witnessed bullying/harassment in the
  last 12 months
• 22 had experienced unwelcome behaviour in the
  last 18 months
• 15 had been subjected to improper or
  unreasonable decisions in the last 12 months

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In matters of style, swim with the current, in
matters of principle, stand like a rock. Thomas
Jefferson