❓ A WA parliamentary question probes the ethical obligations of public servants regarding the provision of inaccurate information, particularly to Ministers, and the potential penalties for breaches of conduct. The Minister's response confirms that providing misleading information is a breach of discipline under the Public Sector Management Act.
AnsweredQoN 797Legislative Council
QuestionView source ↗
I refer to a document which I understand is titled ‘Rights, Responsibilities and Obligations, A Code of Conduct for Public Servants’ and a covering foreword letter dated June 1988 signed by F.J Campbell, Commissioner Public Service Commission -
(1) Is it correct that part of this document under a side sub heading of Provision of Inaccurate Advice it states in part ‘Similarly, in the event that an officer is either asked by a senior officer to convey inaccurate or misleading information to the Minister, or, is aware of such information being supplied by other officers, he or she should bring the matter to the attention of the relevant Chief Executive Officer. If this fails he or she may approach the Public Service Commissioner for further action or advice.’?
(2) If no to (1), will the Minister table the entire document?
(3) Can the Minister quote the specific text of the current Public Sector Code of Ethics, which clearly covers the provision of inaccurate or misleading information being provided by the Chief Executive Officer to any Minister?
(4) If no to (3), why not?
(5) Is the provision of inaccurate and misleading information being provided by any public sector employee to their Chief Executive Officer regarded as a breach of discipline?
(6) If no to (5), why not?
(7) If yes to (5), can the Minister state and quote the specific section of the current
Public Sector Management Act
and the text of the current Public Sector Code of Ethics which covers this?
(8) Can the Minister state what is the penalty, if any, under the Public Sector Code of Ethics for a Chief Executive Officer providing inaccurate or misleading information to a Minister who then repeats this information in the Parliament?
(9) If no to (8), why not?
(1) Is it correct that part of this document under a side sub heading of Provision of Inaccurate Advice it states in part ‘Similarly, in the event that an officer is either asked by a senior officer to convey inaccurate or misleading information to the Minister, or, is aware of such information being supplied by other officers, he or she should bring the matter to the attention of the relevant Chief Executive Officer. If this fails he or she may approach the Public Service Commissioner for further action or advice.’?
(2) If no to (1), will the Minister table the entire document?
(3) Can the Minister quote the specific text of the current Public Sector Code of Ethics, which clearly covers the provision of inaccurate or misleading information being provided by the Chief Executive Officer to any Minister?
(4) If no to (3), why not?
(5) Is the provision of inaccurate and misleading information being provided by any public sector employee to their Chief Executive Officer regarded as a breach of discipline?
(6) If no to (5), why not?
(7) If yes to (5), can the Minister state and quote the specific section of the current
Public Sector Management Act
and the text of the current Public Sector Code of Ethics which covers this?
(8) Can the Minister state what is the penalty, if any, under the Public Sector Code of Ethics for a Chief Executive Officer providing inaccurate or misleading information to a Minister who then repeats this information in the Parliament?
(9) If no to (8), why not?
AnswerView source ↗
Answered
10 June 2003
Responded by
Leader of the House representing the Minister for Public Sector Management
Response time
26 days
(2) Not applicable. (3) The Code of Ethics states that to meet the minimum standards of conduct and integrity, all public sector bodies and employees must be honest. They must be conscientious and scrupulous in the performance of public duty. Under section 9 of the Act employees are to act with integrity in the performance of official duties and are to be scrupulous in the use of official information, equipment and facilities. (4) Not applicable. (5) An employee, who contravenes any public sector standard or code of ethics or is negligent or careless in the performance of his or her functions, commits a breach of discipline. (6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(3) The Code of Ethics states that to meet the minimum standards of conduct and integrity, all public sector bodies and employees must be honest. They must be conscientious and scrupulous in the performance of public duty. Under section 9 of the Act employees are to act with integrity in the performance of official duties and are to be scrupulous in the use of official information, equipment and facilities. (4) Not applicable. (5) An employee, who contravenes any public sector standard or code of ethics or is negligent or careless in the performance of his or her functions, commits a breach of discipline. (6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(4) Not applicable. (5) An employee, who contravenes any public sector standard or code of ethics or is negligent or careless in the performance of his or her functions, commits a breach of discipline. (6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(5) An employee, who contravenes any public sector standard or code of ethics or is negligent or careless in the performance of his or her functions, commits a breach of discipline. (6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(9) Not applicable.
(3) The Code of Ethics states that to meet the minimum standards of conduct and integrity, all public sector bodies and employees must be honest. They must be conscientious and scrupulous in the performance of public duty. Under section 9 of the Act employees are to act with integrity in the performance of official duties and are to be scrupulous in the use of official information, equipment and facilities. (4) Not applicable. (5) An employee, who contravenes any public sector standard or code of ethics or is negligent or careless in the performance of his or her functions, commits a breach of discipline. (6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(4) Not applicable. (5) An employee, who contravenes any public sector standard or code of ethics or is negligent or careless in the performance of his or her functions, commits a breach of discipline. (6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(5) An employee, who contravenes any public sector standard or code of ethics or is negligent or careless in the performance of his or her functions, commits a breach of discipline. (6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(6) Not applicable. (7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(7) Should employees provide inaccurate and misleading information to a Minister they could be subject to the provisions in section 79 the Act, Substandard Performance, or section 80, Breaches of Discipline, depending on the intent and seriousness of the matter. (8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(8) In the event of a breach of discipline the person may be reprimanded, fined, transferred, demoted or dismissed. (9) Not applicable.
(9) Not applicable.
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