❓ A WA parliamentary question probes potential conflicts of interest within the Department of Environmental Protection (DEP) regarding interactions with Kalgoorlie Consolidated Gold Mines (KCGM), specifically concerning gifts, meals, and entertainment. The Minister acknowledges the Code of Conduct and tables related documents, denying any known breaches but defends accepting basic necessities during mine site inspections.
AnsweredQoN 657Legislative Council
QuestionView source ↗
I refer to the Department of Environmental Protection code of conduct which I understand is dated June 1998 and the public sector code of ethics -
(1) Is it correct that part of this document states ‘Conflicts of interest arise when we are influenced, or could appear to be influenced by personal interests. We need to behave and act with impartiality. Commitments should not be made which could bias our judgement. Accepting benefits: free entertainment, meals, gifts and other items of value. The nature of our business means that we interact from time in various formal and informal settings for the purposes of conducting our business. Various employees are involved in work associated with business ventures, such as environmental assessment’s of proponents proposals, licences, inspections of operating premises and prosecutions of pollution incidents. It is when these occasions lead to, or are perceived by others to lead to, undue influence over our judgement, our decisions and our actions, that the line is over stepped. We should not accept any benefits that could be seen to compromise our integrity and impartiality. We should seek guidance from a senior officer where -
(a) the situation or benefit could give the appearance of a conflict of interest with our past, present and future role, responsibilities or accountabilities;
(b) the situation or benefit could be interpreted by others, as an inducement or reward in exchange for a form of preferential treatment or benefit; or
(c) involve personal or privately associated financial benefit in any way.’?
(2) If no to (1), will the Minister table the document?
(3) Can the Minister state on how many occasions in the last seven years Departmental officers, both past and present had any meals, free entertainment or accepted gifts from the alleged offender Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) employees/staff in relation to complaints that have been made against that company under the
Environmental Protection Act 1986
?
(4) If no to (3), why not?
(5) If yes to (3), on each occasion can the Minister state what specific advice or guidance from senior officers if any was provided?
(6) Will the Minister implement, encourage or impose changes to the Departmental code of conduct to ensure under no circumstances are free entertainment, gifts, meals or other items of value are to be accepted by any departmental officers from KCGM or any other persons as part of their responsibilities and obligations?
(7) If no to (6), why not?
(1) Is it correct that part of this document states ‘Conflicts of interest arise when we are influenced, or could appear to be influenced by personal interests. We need to behave and act with impartiality. Commitments should not be made which could bias our judgement. Accepting benefits: free entertainment, meals, gifts and other items of value. The nature of our business means that we interact from time in various formal and informal settings for the purposes of conducting our business. Various employees are involved in work associated with business ventures, such as environmental assessment’s of proponents proposals, licences, inspections of operating premises and prosecutions of pollution incidents. It is when these occasions lead to, or are perceived by others to lead to, undue influence over our judgement, our decisions and our actions, that the line is over stepped. We should not accept any benefits that could be seen to compromise our integrity and impartiality. We should seek guidance from a senior officer where -
(a) the situation or benefit could give the appearance of a conflict of interest with our past, present and future role, responsibilities or accountabilities;
(b) the situation or benefit could be interpreted by others, as an inducement or reward in exchange for a form of preferential treatment or benefit; or
(c) involve personal or privately associated financial benefit in any way.’?
(2) If no to (1), will the Minister table the document?
(3) Can the Minister state on how many occasions in the last seven years Departmental officers, both past and present had any meals, free entertainment or accepted gifts from the alleged offender Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) employees/staff in relation to complaints that have been made against that company under the
Environmental Protection Act 1986
?
(4) If no to (3), why not?
(5) If yes to (3), on each occasion can the Minister state what specific advice or guidance from senior officers if any was provided?
(6) Will the Minister implement, encourage or impose changes to the Departmental code of conduct to ensure under no circumstances are free entertainment, gifts, meals or other items of value are to be accepted by any departmental officers from KCGM or any other persons as part of their responsibilities and obligations?
(7) If no to (6), why not?
AnswerView source ↗
Answered
16 May 2003
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
37 days
(b) the situation or benefit could be interpreted by others, as an inducement or reward in exchange for a form of preferential treatment or benefit; or (c) involve personal or privately associated financial benefit in any way.’?
(c) involve personal or privately associated financial benefit in any way.’?
(1) The Department of Environmental Protection’s (DEP) Code of Conduct was revised and is dated June 2000. The statement provided reflects substantially, but not literally, an extract from that Code of Conduct, namely Policy 3.1 in the “Conflicts of Interest” sections. The balance of the Policy statement not detailed in the question is: “Benefits offered, which when carefully considered do not put the integrity of the department or ourselves at risk as they fall outside this framework, may be accepted, provided they do not, and are perceived by others to not, bias future judgements. If there is any doubt in this regard, the matter should be referred to the General Manager. Further information can be obtained by referring to the “Acceptance of Gifts and other Benefits” policy located under HRM Information folder on the department’s IT network.” (2) The statement provided is substantially a partial extract from policy 3.1 of the current DEP Code of Conduct. I table a copy of that Code, together with a copy of the policy “Acceptance of Gifts and other Benefits” which staff are referred to in the section of policy 3.1 which is not in the extract provided. See tabled paper. (3) The DEP is not aware of any breaches of the Code of Conduct relevant to the inspection of mine sites. Under their duty of care mine operators provide the basic necessities to DEP staff while they are on site. (4) Answered by (3). (5) Answered by (3). (6) Departmental officers need to comply with the Code of Conduct for the organisation. However, it would be inappropriate and unworkable for officers to refuse simple meals, drinks and accommodation during mine site inspections. Furthermore, officers are encouraged to be involved in functions providing there is no perception that it may influence their judgement, and for the purpose of networking. The Code of Conduct referred to is currently under review. The new Code of Conduct will be finalised in the near future to encompass the amalgamating agencies of the DEP, Water and Rivers Commission and servicing also staff of the Heritage Council and the Keep Australia Beautiful Council. The new Code of Conduct will rely on the previous Code to a great extent, complimented by updates in legislative changes and the need to meet current circumstances. (7) Answered by (6).
(7) Answered by (6).
(c) involve personal or privately associated financial benefit in any way.’?
(1) The Department of Environmental Protection’s (DEP) Code of Conduct was revised and is dated June 2000. The statement provided reflects substantially, but not literally, an extract from that Code of Conduct, namely Policy 3.1 in the “Conflicts of Interest” sections. The balance of the Policy statement not detailed in the question is: “Benefits offered, which when carefully considered do not put the integrity of the department or ourselves at risk as they fall outside this framework, may be accepted, provided they do not, and are perceived by others to not, bias future judgements. If there is any doubt in this regard, the matter should be referred to the General Manager. Further information can be obtained by referring to the “Acceptance of Gifts and other Benefits” policy located under HRM Information folder on the department’s IT network.” (2) The statement provided is substantially a partial extract from policy 3.1 of the current DEP Code of Conduct. I table a copy of that Code, together with a copy of the policy “Acceptance of Gifts and other Benefits” which staff are referred to in the section of policy 3.1 which is not in the extract provided. See tabled paper. (3) The DEP is not aware of any breaches of the Code of Conduct relevant to the inspection of mine sites. Under their duty of care mine operators provide the basic necessities to DEP staff while they are on site. (4) Answered by (3). (5) Answered by (3). (6) Departmental officers need to comply with the Code of Conduct for the organisation. However, it would be inappropriate and unworkable for officers to refuse simple meals, drinks and accommodation during mine site inspections. Furthermore, officers are encouraged to be involved in functions providing there is no perception that it may influence their judgement, and for the purpose of networking. The Code of Conduct referred to is currently under review. The new Code of Conduct will be finalised in the near future to encompass the amalgamating agencies of the DEP, Water and Rivers Commission and servicing also staff of the Heritage Council and the Keep Australia Beautiful Council. The new Code of Conduct will rely on the previous Code to a great extent, complimented by updates in legislative changes and the need to meet current circumstances. (7) Answered by (6).
(7) Answered by (6).
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