Open government reform Information paper no.4

Transcription

1 Department of the Premier and Cabinet Open government reform Information paper no.4 Creating an open government Great state. Great opportunity.

2 Creating an open government Our vision As the Queensland Government moves to introduce new and innovative service delivery models in partnership with the private and non-government sectors, we must ensure that we have the right governance framework to remain a fair, open and accountable government. Integrity and accountability are cornerstones to creating an open government. There are a number of policies and guidelines that set standards of integrity and accountability for the Queensland Parliament, the Executive and the public sector. These policies and guidelines are administered by different integrity agencies. For more information on Queensland s integrity framework, please see information paper no. 2: Overview of Queensland s integrity framework. This paper provides an overview of the key policies and guidelines that underpin integrity and accountability in the Queensland public sector. It begins by describing the Code of Conduct for the Queensland Public Service, which applies to Queensland public service employees in circumstances where they are acting as a representative of government. It then focuses on specific circumstances associated with the conduct of government business and interactions between government representatives and the private sector. Codes of conduct The Code of Conduct for the Queensland Public Service outlines expected standards of conduct and behaviour and serves as a guideline for public servants in making decisions that are in the public interest. The Code of Conduct applies to public service agencies including all government departments, and other public sector entities prescribed by regulation. The Code of Conduct is based on four ethics principles: 1. Integrity and impartiality 2. Promoting the public good What does an open government look like? Honest Fair Accountable Transparent 3. Commitment to the system of government 4. Accountability and transparency

3 The Code of Conduct applies to all Queensland public service agency employees and to all volunteers, students, contractors, consultants or other persons working for a Queensland public service agency. It applies across all circumstances and contexts where an individual is acting as a representative of government. The Ministerial Code of Conduct applies to Ministers (including Assistant Ministers) and combines the ethical standards that apply to them both as Members of Parliament (MPs) and as members of the Executive Government. The key principles and values Ministers are expected to uphold are: accountability, fairness, integrity, nominating interests, avoiding conflicts of interest, transparency, appropriate use of public resources and complying with post-ministerial employment requirements. Conflicts of interest A conflict of interest occurs when the private interests of a public officer interfere, or appear to interfere, with the performance of their official duties. Such a conflict can arise from avoiding personal losses as well as gaining personal advantage whether financial or otherwise. There is a range of guidelines and legislation directed towards government representatives and the public service that establish procedures for identifying, disclosing and managing conflicts of interest. For example: under the Public Service Act 2008, departmental chief executives are required to provide a declaration of interests to their Minister, the Integrity Commissioner and the Chief Executive of the Public Service Commission within one month of appointment. Statements are to be updated within one month of a change in their interests, on reappointment or change of contract under the Integrity Act 2009, certain statutory office holders are required to provide a declaration of interests to their Minister and the Integrity Commissioner consistent with the requirements applying to chief executives under the Public Service Act 2008 under the Parliament of Queensland Act 2001, MPs must provide a statement of their interests for inclusion in the Register of Members Interests. The Register is tabled in Parliament and is publicly available on the Parliament of Queensland website. To avoid any perception of conflicts of interest or inappropriate influence which could arise from receiving gifts, public officers must also declare gifts and other benefits received as part of their official duties. Public service employees and Ministers must declare any gifts or benefits received with a retail value of more than $150. Gifts worth more than $350 cannot be accepted except in exceptional circumstances where approval has been obtained from the relevant accountable officer or the Premier. Details of gifts received are recorded in departmental or Ministerial gift registers, which are publicly released on a quarterly basis.

4 The Integrity Commissioner also provides advice on ethics or integrity issues to government representatives including MPs, senior public servants, ministerial advisors and others. This includes providing advice to MPs in relation to declarations of their interests and other potential conflicts of interest. Lobbying Free and open access to government is a fundamental part of our democracy. In this regard, the Queensland Government believes anyone in the community is welcome to express their views to a government representative on any matter. When the matter is subject to a decision by government and a position is being advocated by a paid third party, this is referred to as lobbying. The government recognises that professional lobbyists play a legitimate role in the democratic process by assisting their clients to communicate their views to government. However, the Queensland Government is committed to maintaining a situation where anyone in the community can express their views to a government representative, and believes that engaging a lobbyist is not and never should be essential to achieve this. If government is to be able to make informed judgments about the outcome the lobbyist is seeking to achieve, it is important that government representatives know whose interests the lobbyist represents. In Queensland, the Lobbyists Register is established under the Integrity Act 2009, and is maintained by the Integrity Commissioner. This register clearly identifies professional lobbyists undertaking lobbying activity in Queensland. Requirements under the Integrity Act 2009 include: government or opposition representatives may meet with lobbyists who are listed on the Lobbyists Register government or opposition representatives must notify the Integrity Commissioner as soon as practicable if they become aware that a lobbyist with whom they are dealing is not registered former senior government representatives and former opposition representatives are prohibited from conducting lobbying on matters they dealt with as part of their official duties for two years from the date they cease to hold public office. The Integrity Commissioner monitors compliance by lobbyists and government representatives with the Integrity Act 2009 and the Lobbyists Code of Conduct.

5 The Queensland Government has recently moved to increase transparency in government interactions with external parties by publishing information about all portfolio related meetings and activities from the diaries of the Premier and Ministers. Post-separation employment The objective of regulating post-separation employment is to ensure that former senior government representatives and former opposition representatives cannot gain inappropriate personal benefit by using information gained through previous employment in areas for which they previously had some official responsibility. Queensland has a number of regulations that deal with post-separation employment. These include restrictions on lobbying activities, the conduct of business meetings with former government officials and the use of confidential information obtained during government employment. As noted above, there are a number of restrictions surrounding lobbying activity in Queensland. In the context of post-separation employment, a former senior government representative or former opposition representative is not allowed to undertake related lobbying activity for two years following the end of their employment. There are also restrictions on former senior government representatives conducting business meetings with current government officials on matters they dealt with while working in government. Business meetings are meetings with a commercial focus where a profit motive is involved. Another post-separation employment restriction relates to confidential information. Specifically, confidential information obtained by former senior government representatives must not be used for private commercial benefit. There are provisions in senior government officers contracts that require this information to remain confidential. Public interest disclosures (whistleblowers) Sometimes, during the course of their duties, an individual may become aware of an actual or suspected wrongdoing or danger in the public sector. In the interests of providing justice and improving standards of integrity and accountability, it is important that individuals feel able to share their knowledge with the people or agencies best placed to appropriately respond to the issue. The Public Interest Disclosure Act 2010 protects anybody who discloses information about a significant danger to the health or safety of a person with a disability, significant dangers to the environment or reprisals for an earlier disclosure. Public sector officers can also make disclosures about official misconduct, maladministration, a substantial misuse of public resources, and substantial and specific danger to public health, safety or the environment.

6 The Public Interest Disclosure Act 2010: requires that disclosers are supported and protected makes it an offence to carry out a reprisal against a discloser requires that appropriate consideration be given to the interests of a person who is the subject of a disclosure clearly outlines the responsibilities of public sector entities when receiving, managing and supporting disclosers. The Ombudsman is responsible for reviewing the way public sector entities deal with public interest disclosures and undertakes an educational and advisory role. The public and private sector interface The Queensland Government is committed to providing better and more cost effective services to all Queenslanders. This commitment means the Queensland public service should play a role as an innovation agent and facilitator of partnerships between the public, private and non-government sectors. In looking at new models for better delivery of services, consideration needs to be given to the different standards of behaviour, and compliance requirements that apply to the public, private and non-government sectors. There are also direct implications for governance and authorising arrangements in the public sector. Currently, these arrangements are built around the ability to sanction, control and specify activities and outputs. The challenge for government, as it seeks to foster a culture of increased innovation, is to ensure that its regulatory arrangements are appropriately adapted and sufficiently flexible to allow for the achievement of desired service delivery outcomes while ensuring good governance, transparency and accountability.