|
Business ethics statement
Our key business principles
What you can expect from Commerce staff
What we ask of our business partners and suppliers
Why our business partners and suppliers should comply
Incentives, gifts, benefits and hospitality
Conflicts of interest
Sponsorship
Confidentiality and intellectual property
Communication and cooperation
Private employment and post-separation employment
Expectations regarding contractors
Further assistance
The NSW Department of Commerce has a major role in the delivery of NSW Government services including procurement, construction, consumer protection and industrial relations. To do our job well we rely on business partners and suppliers.
Just as Commerce expects its staff [1] to behave ethically and comply with its Code of Conduct, we expect high standards of behaviour from firms and individuals that do business with us.
The Commerce Business Ethics Statement gives clear guidelines on how we expect our business partners and suppliers to behave and it tells them what to expect of us.
All individuals and organisations that deal with Commerce must adopt these standards of ethical behaviour. Commerce is committed to promoting integrity, ethical conduct and accountability in all areas of public administration.
Michael Coutts-Trotter
Director-General
November 2005
[1] 'Staff' refers to all individuals employed, appointed or otherwise engaged. This includes permanent, temporary and casual employees, as well as consultants, contractors and agency employees engaged to perform work for or on behalf of Commerce.
Our key business principles
The Department of Commerce exists to make doing business in NSW simple and fair and to get the best value for the NSW Government. Our key business principles are to achieve best value for money in the expenditure of public funds while being fair, ethical and transparent.
Best value for money: does not automatically mean 'the lowest price'. It is determined by considering a number of factors such as costs, quality, reliability, service, and benefits.
Fairness: being unbiased, reasonable and even-handed. Being fair does not mean satisfying everyone or not reasonably pursuing one's legitimate interests. A fair decision may still adversely affect parties.
Ethical: being honest and applying required standards of behaviour and conduct in our business dealings and relationships.
Transparent: business dealings, activities and decisions will be fully and clearly documented to allow effective scrutiny and enable performance review of contracts.
Commerce is committed to the NSW Government Procurement Policy and associated Code of Practice.
What you can expect from Commerce staff
Our staff are bound by Commerce's Code of Conduct and values and are expected to:
-
Ensure that decisions and actions are reasonable, fair and appropriate to the circumstances, based on consideration of all the relevant facts and supported by relevant legislation, policies and procedures
-
Accept responsibility and be accountable for their own actions in accordance with delegated functions, accountabilities and the requirements of the Code of Conduct
-
Actively promote the integrity and reputation of the public sector by always acting in the public interest; and not engage in any activities that would bring the public sector into disrepute
-
Achieve the highest standards of ethics by treating Government, stakeholders, clients, suppliers and each other fairly and professionally
-
Provide relevant and responsive service to clients and customers, with all necessary and appropriate assistance in accordance with agreed service standards
-
Always act with care and diligence, utilising departmental resources in a proper manner.
What we ask of our business partners and suppliers
We require all of our private sector partners and providers of goods and services to observe the following principles when doing business with Commerce:
-
Comply with applicable NSW Government Code of Practice and Commerce's procurement policies and procedures
-
Provide accurate and reliable advice and information when required
-
Declare actual or perceived conflicts of interest as soon as you become aware of the conflict
-
Act ethically, fairly and honestly in all dealings with Commerce
-
Take all reasonable measures to prevent the disclosure of confidential Commerce information
-
Not engage in any form of collusive or unethical practices, including offering Commerce staff inducements or incentives designed to improperly influence the conduct of their duties
-
Not discuss Commerce business or information in the media
-
Assist Commerce to prevent unethical practices in our business relationships.
Why our business partners and suppliers should comply
By complying with NSW Government Code of Practice and our Business Ethics Statement, you will be able to advance your business objectives and interests in a fair and ethical manner. As all Commerce partners and suppliers of goods and services must comply with these statements, there is no disadvantage to any participant.
You should also be aware of the consequences of not complying with these ethical requirements when doing business with Commerce. Demonstrated corrupt or unethical conduct could lead to:
-
Termination of contracts
-
Loss of future work
-
Loss of reputation
-
Investigation for corruption
-
Matters being referred for criminal investigation.
Some practical guidelines
Incentives, gifts, benefits and hospitality
Suppliers should not give gifts to Commerce staff and there should be no expectation that any gifts will be provided.
Commerce business partners and suppliers should not pay for any form of entertainment for Commerce staff. Commerce staff are generally not entitled to use public funds to pay for entertainment.
Commerce discourages external parties from providing Commerce staff with benefits such as social meals, travel or accommodation. Commerce meets all such business costs for its staff. Staff participation in some minor forms of hospitality is permitted where it is received in the normal course of business and relates to the work of the Department and has a public benefit.
Conflicts of interest
All Commerce staff are required to disclose any potential conflicts of interest. Commerce extends this requirement to all our business partners, contractors and suppliers.
Sponsorship
Commerce will not ask for, entertain or enter into any sponsorship or similar arrangement that is not open and transparent or where such activity creates a perception that it could be part of an attempt to improperly influence any organisational decision-making process. Where applicable, specific policies and processes developed within Commerce for sponsorship arrangements are to be adhered to.
Confidentiality and intellectual property
Confidential information (in whatever form – hardcopy, electronic, etc.) should be treated as such and protected as appropriate. Confidential and sensitive information should only be used or disclosed by authorised staff. Personal information is subject to specific legislation, policy and procedures for its handling, storage and protection. In business relationships with Commerce, parties will respect each other's intellectual property rights and will formally negotiate any access, license or use of intellectual property.
Communication and cooperation
In line with the NSW Government Code of Practice for Procurement, Commerce and its business partners, contractors and suppliers will maintain business relationships based on open and effective communication, respect and trust, and adopt a non-adversarial approach to dispute resolution.
Private employment and post-separation employment
Commerce requires staff to obtain the approval of the Director-General prior to entering into any secondary / private employment arrangement. This will not be approved if it has the potential to create a real or perceived conflict of interest between the staff's public official role and their private interests.
Commerce staff are not to use either their position, government information, or intellectual property developed while serving government to secure private employment.
Expectations regarding contractors
All contractors and sub-contractors are expected to comply with the Commerce business ethics statement. If you employ sub-contractors in your work for Commerce you must make them aware of this statement.
Further assistance
If you require advice about this statement or are concerned about a possible breach or any conduct that could involve fraud, corrupt conduct, maladministration, or serious and substantial waste of public funds please contact:
Chief Auditor
Commerce Audit Branch
McKell Building, 2-24 Rawson Place
SYDNEY NSW 2000
Tel: (02) 9372 8040