| Circular Number | 2023-28 |
| Issue date: | 23 June 2023 |
| Application: | All Victorian public sector employees |
| Resources: | |
| Enquiries: | Integrity and Oversight branch Victorian Public Sector Commission 03 9922 8600 [email protected] |
Later in 2023, Australians will be asked in a referendum whether they approve a change to the Australian Constitution to recognise the First Peoples of Australia by enshrining a First Nations Voice to Parliament.
The Victorian Government is a signatory to a National Cabinet Statement of Intent and has agreed under this to ‘support a constitutionally enshrined Voice to Parliament’ and to support the Commonwealth Government in ‘ensuring Australians are afforded a free and fair referendum process’.
For many people, the referendum is a sensitive topic with deep personal meaning. All Victorians, including those engaged in public sector roles, may wish to inform themselves about the subject matter of this referendum, so that they can form a view and if eligible, vote, in the referendum.
In doing this, Victorian public sector employees have the freedom to participate in the referendum process in their private capacity, including engaging in public discussion. At the same time all public sector employees need to also continue to comply with the seven public sector values in the Public Administration Act 2004 (PAA), and their obligations in the relevant Codes of Conduct. This includes remaining apolitical, avoiding conflicts of interest, avoiding damage to the public’s trust in how they do their job, and promoting an environment that encourages respect.
This means that while public sector employees may have personal views on the referendum, in expressing these views publicly they still need to comply with their public sector obligations either in or outside the workplace.
Above all, public sector employees should demonstrate the public sector value of respect. This means that racism or any form of discrimination is not permitted under the relevant Codes of Conduct and will not be tolerated.
It is therefore critical that public sector employees and employers maintain a respectful and considerate approach towards their colleagues, other public sector employees, and members of the Victorian community during what may be an emotional and challenging period for some. Particular care must be taken by employers to provide a safe working environment for Aboriginal and/or Torres Strait Islander employees, including setting expectations of behaviour for both managers and staff and providing additional support as appropriate.
In the lead up to the referendum, some employees in the Victorian public sector may be asked to undertake work which supports the Victorian Government’s alignment with the National Cabinet Statement of Intent. The government of the day can lawfully ask public sector employees (other than employees in special bodies) to do this as these employees must implement the policies and programs of the elected government.
The guidance for employees and employers provides more details about the obligations and rights of Victorian public sector employees and employers in the lead-up to the referendum.
If you have any questions about this guidance or require further advice, please email [email protected]
Yes. The Code of Conduct does not prohibit public sector employees from engaging in political issues or expressing their personal values or moral choices in their personal capacity.
Consistent with other political events, like elections, you can share your views about the referendum in a private way with your friends and family. In case of any doubt, you should make it clear you are expressing your own personal views – and you need to be mindful of how ‘publicly’ you are sharing these views.
However, the Code of Conduct, does impose limits on the conduct of public sector employees. It does so because rights and freedoms such as:
can be subject to reasonable and proportionate limits. The Code of Conduct imposes limits to ensure the proper functioning of government.
Yes, you can participate in the referendum in your own time, in a personal capacity (i.e., not connected in any way to your work or workplace).
This might include:
However, at all times you are bound by the Victorian public sector values and Code of Conduct, which means you need to take care in any public engagement.
You should ensure you familiarise yourself with all relevant aspects of the public sector values and Code of Conduct before publicly engaging with the referendum in your personal capacity. Some to be particularly aware of include the requirements to:
If you engage in discussion about the referendum you should make sure it is clear that you are expressing your own views, and that your engagement does not conflict with the particular circumstances of your public sector role.
Some circumstances might make it more difficult for you to comply with the Code of Conduct while engaging in discussion about the referendum. You should consider, as a guide, the following factors when assessing your circumstances and any proposed public engagement in your personal capacity:
This referendum is a sensitive topic, with deep personal meaning for many people. You should be particularly aware of not causing any distress by the way in which you reference this referendum with your colleagues, other public sector employees, and members of the Victorian community that you come into contact within the course of your work. You should not assume that others will vote the same as you, or that you understand why someone may vote differently.
All of the Code of Conduct and legislated obligations apply to any behaviour in a workplace context. In the workplace it’s particularly important that your conduct does not affect, or appear to affect, the apolitical nature of the public sector.
You should not engage in any campaign activities within the workplace, such as holding events which seek to encourage your colleagues to vote a particular way in the referendum.
You should not wear or display any campaign material in the workplace. You can, however, continue to wear materials that demonstrate support for First Nations staff without expressing a position on the Voice Referendum (e.g. lanyards and badges with the Aboriginal flag). You must also not use any work resources to support any campaign except if you are working by express direction on the Victorian Government’s position.
Above all, this is a time to be thoughtful and respectful towards your colleagues, and in particular your Aboriginal and/or Torres Strait Islander colleagues.
You are encouraged to do your own research to form your own position on the referendum.
If you would like to engage with Aboriginal and/or Torres Strait Islander peers on this topic, you should be mindful and respectful of the likely mental, emotional and cultural load Aboriginal and/or Torres Strait Islander people will be experiencing in the lead up to the referendum.
You should not expect Aboriginal and/or Torres Strait Islander people to provide their opinion to inform, challenge, or solidify your position. Be aware that, as with any group of people, First Nations communities are made up of a vast range of diverse perspectives, and Aboriginal and/or Torres Strait Islander people should never be expected to speak on behalf of their whole community.
If your personal values conflict with the Victorian public sector values (as set out in the PAA and reflected in the Code of Conduct), the sector values are expected to have priority in the workplace. If you are unable to reconcile your personal values with what is expected of you at work, you are strongly encouraged to seek advice.
Talk to your manager, your employer’s Employee Assistance Program, your integrity or governance area, a trusted colleague, or a counsellor – and make a decision that preserves both your integrity, your colleagues and that of the Victorian public sector.
You can read the full Code here. Some relevant obligations include:
Some employees may be asked to undertake work which supports the Victorian Government’s alignment with the National Cabinet Statement of Intent. If you are in this category, you will need to be particularly careful in any personal comments you might make on the referendum, given the connection to your official duties. You will likely have to be more careful in making public comments in your personal life than if you were not doing this work.
If you feel uncomfortable undertaking such work you may wish to speak to your manager. They may be able to arrange alternative duties in some circumstances for the period leading up to the referendum.
The guidance in this document also applies to Aboriginal and/or Torres Strait Islander public sector employees.
There is one additional Charter right in respect of these employees – the right to enjoy culture and identity. Under the Charter, employers have additional obligations to consider the cultural rights, with other members of their community, of First Nations persons including their right to enjoy their identity and culture, to maintain and use their language, and maintain their kinship ties to members of their community. The Charter also recognises the special relationship First Nations peoples have with the land, water and resources in Victoria.
The Code of Conduct obligations otherwise apply equally to this group of employees.
Aboriginal and/or Torres Strait Islander employees may wish to draw on their managers for particular guidance or support, and may also wish to access the supports detailed below.
The VPSC acknowledges that the referendum may be an emotional and challenging event for some employees and their families.
Employees experiencing personal distress are encouraged to speak with their managers, human resources department or employee assistance programs.
First Nations employees can also access specialised support, including:
Information about the referendum is provided by the Commonwealth Government and can be accessed here.
Questions about this guidance should be directed to the Victorian Public Sector Commission: [email protected].
No. You must uphold the apolitical and professional nature of the public sector. The fact that the Victorian Government has signalled its intent does not mean that the public sector, or specific entities within the public sector, can adopt their own positions on the referendum. You must also ensure that you are providing a workplace that is safe for all employees, including culturally safe for Aboriginal and/or Torres Strait Islander employees.
Employers should not:
If your organisation is involved in work in support of the National Cabinet Statement of Intent, you can ask employees to be involved in this work.
However, you may wish to contemplate alternative duties for any employees expressing discomfort about being asked to do this work.
Yes. You can:
You should also:
You should always respond to the behaviour of employees in a manner proportionate to the risk that the behaviour poses to the public’s trust in the professionalism and impartiality of the public sector. Responses must be reasonable in the circumstances, including being guided by the principles listed in the employee guidance (e.g. seniority, connection to duties and expression), and take into account the nature and gravity of the employee’s behaviour.
You can contact the VPSC for further advice on [email protected].
Information about the referendum is provided by the Commonwealth Government and can be accessed here.
Questions about this guidance should be directed to the Victorian Public Sector Commission: [email protected].