Tuesday 1 April 2014

Code of Conduct/ Magistrate  Lisa Stapleton finds it all " Nonsense"

It may appear bizarre but a magistrate has made a decision that   exposing systemic corrupt conduct and corruption is just nonsense!
As Stapeton  has failed to comprehend  the impact  of systemic corrupt conduct on the wider community it would also appear that  this bias makes her unfit  for her to hold a position as a magistrate.
Clearly we are all aware of Peter Fox who tried to expose child abuse and was vilified by the Police Commission and also  Ellis and the  Catholic Church.
Eddie Obied would have been also protected by powerful people.

Commission Advice 2013/04: The new APS Values and Employment Principles. Changes to the Code of Conduct.

The Amendment Act:
  • amends the first four elements of the Code of Conduct so that they apply ‘in connection with’ the employee’s employment, rather than only ‘in the course of employment’;
    • this is designed to give agencies greater clarity and confidence when considering suspected breaches of the Code which occur outside work hours and away from the conventional workplace. For example, the amendment should provide more certainty when dealing with suspected breaches that occur on work-related travel or training, and will reinforce the need for APS employees to remember the Code of Conduct when they are, for example, posting comments about their workplace or colleagues on social media forums;
    • however, at the same time employees are entitled to a private life and the amendments are not intended to allow the Code to regulate every aspect of that private life. The phrase ‘in connection with’ would need to be interpreted to mean that the Code provisions apply only when there is, in fact, a real connection between a person’s employment and the act being considered;
  • broadens the Code to require employees to behave in a way that upholds the integrity and good reputation of their agency, as well as the APS, as currently required;
  • allows action to be taken in relation to APS employees who have, before engagement, provided false or misleading information, failed to provide relevant information or otherwise failed to act with honesty or integrity in connection with their engagement.
The Amendment Act also:
  • amends the Act to provide for the Regulations to set out how the Code is to be applied to statutory office holders (see Advice 15);
  • clarifies that a finding of breach of the Code may be made after an employee has separated from the APS (seeAdvice 7);
  • amends the Act to require agency heads to establish procedures for determining the sanction to be applied to an APS employee who is found to have breached the Code, as well as existing provisions requiring procedures for determining a breach (see Advice 7);
  • amends the Act to make clear that agency heads are not subject to Ministerial direction in relation to action taken under the Code (as is already the case in relation to other staffing powers); and
  • allows the Australian Public Service Commissioner and the Merit Protection Commissioner to determine breaches of the Code by APS employees in certain circumstances (see Advice 5 and Advice 6 respectively).

What do agencies need to do?

Changes in detail

The new APS Values
Section 10 of the Act has been repealed and replaced with a new section 10 setting out the new APS Values. Each Value is supported by a short statement that expands and clarifies its intent. The new Values are as follows:
  • Impartial: The APS is apolitical and provides the Government with advice that is frank, honest, timely and based on the best available evidence.
  • Committed to service: The APS is professional, objective, innovative and efficient, and works collaboratively to achieve the best results for the Australian community and the Government.
  • Accountable: The APS is open and accountable to the Australian community under the law and within the framework of Ministerial responsibility.
  • Respectful: The APS respects all people, including their rights and their heritage.
  • Ethical: The APS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does.
The Values are supported by binding Directions that are issued by the Australian Public Service Commissioner under section 11 of the Act. Section 11 allows the Commissioner to issue Directions for the purpose of ensuring that the APS incorporates and upholds the APS Values, and for determining, where necessary, the scope or application of the APS Values.

Directions issued by the Commissioner in relation to the new APS Values are at Attachment A.

The Employment Principles

The Act has been amended to include a new section 10A which provides for the Employment Principles. The Employment Principles are largely those of the existing APS Values that relate to employment and workplace relationships.
The new Employment Principles are as follows:
The APS is a career-based public service that:
  1. makes fair employment decisions with a fair system of review;
  2. recognises that the usual basis for engagement is as an ongoing APS employee;
  3. makes decisions relating to engagement and promotion that are based on merit;
  4. requires effective performance from each employee;
  5. provides flexible, safe and rewarding workplaces where communication, consultation, cooperation and input from employees on matters that affect their workplaces are valued;
  6. provides workplaces that are free from discrimination, patronage and favouritism; and
  7. recognises the diversity of the Australian community and fosters diversity in the workplace.
The Employment Principles in full are at Attachment B.
New section 11A of the Act provides for the Commissioner to issue directions on employment matters, including in relation to any of the Employment Principles. Directionshave been made about:

Amendments to the Code of Conduct and handling misconduct

Code of Conduct/ Magistrate  Lisa Stapleton finds it all " Nonsense"

It may appear bizarre but a magistrate has made a decision that   exposing systemic corrupt conduct and corruption is just nonsense!
As Stapeton  has failed to comprehend  the impact  of systemic corrupt conduct on the wider community it would also appear that  this bias makes her unfit  for her to hold a position as a magistrate.
Clearly we are all aware of Peter Fox who tried to expose child abuse and was vilified by the Police Commission and also  Ellis and the  Catholic Church.
Eddie Obied would have been also protected by powerful people.

Commission Advice 2013/04: The new APS Values and Employment Principles. Changes to the Code of Conduct.

The Amendment Act:
  • amends the first four elements of the Code of Conduct so that they apply ‘in connection with’ the employee’s employment, rather than only ‘in the course of employment’;
    • this is designed to give agencies greater clarity and confidence when considering suspected breaches of the Code which occur outside work hours and away from the conventional workplace. For example, the amendment should provide more certainty when dealing with suspected breaches that occur on work-related travel or training, and will reinforce the need for APS employees to remember the Code of Conduct when they are, for example, posting comments about their workplace or colleagues on social media forums;
    • however, at the same time employees are entitled to a private life and the amendments are not intended to allow the Code to regulate every aspect of that private life. The phrase ‘in connection with’ would need to be interpreted to mean that the Code provisions apply only when there is, in fact, a real connection between a person’s employment and the act being considered;
  • broadens the Code to require employees to behave in a way that upholds the integrity and good reputation of their agency, as well as the APS, as currently required;
  • allows action to be taken in relation to APS employees who have, before engagement, provided false or misleading information, failed to provide relevant information or otherwise failed to act with honesty or integrity in connection with their engagement.
The Amendment Act also:
  • amends the Act to provide for the Regulations to set out how the Code is to be applied to statutory office holders (see Advice 15);
  • clarifies that a finding of breach of the Code may be made after an employee has separated from the APS (seeAdvice 7);
  • amends the Act to require agency heads to establish procedures for determining the sanction to be applied to an APS employee who is found to have breached the Code, as well as existing provisions requiring procedures for determining a breach (see Advice 7);
  • amends the Act to make clear that agency heads are not subject to Ministerial direction in relation to action taken under the Code (as is already the case in relation to other staffing powers); and
  • allows the Australian Public Service Commissioner and the Merit Protection Commissioner to determine breaches of the Code by APS employees in certain circumstances (see Advice 5 and Advice 6 respectively).

What do agencies need to do?

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