The Victorian public sector is made up of public service bodies and public entities. The public sector funds, delivers and regulates a range of public services on behalf of government. The Public Sector Values define the behaviours expected of employees – outlined in section 7 of the PAA:
The Code of Conduct for Victorian Public Sector Employees and the Code of Conduct for Victorian Public Sector Employees of Special Bodies reinforce the values. The Victorian Public Sector Values and Codes of Conduct are a public statement of how we conduct our business and how we treat our clients and colleagues.
In line with the Code of Conduct, when executives are performing public duties, their private interests must not influence, or be seen to influence decisions. Personal interests can change over time as personal circumstances change. Conflicts of interest must be declared and managed or avoided.
Conflicts of interest can be actual, perceived or potential:
Examples of where a conflict of interest may arise include where an executive has other significant sources of income, is an office holder in a public or private company or has shareholdings and other business interests. It also includes family interests that may represent a conflict of interest through ownership of real estate or being a trustee or beneficiary of a trust. VPSC has published a Model Conflict of Interest policy, guidance and supporting materials to assist public entities. The model policy sets standards for managing conflict of interest risks that reflect Code of Conduct requirements for Victorian public sector employees.
Executives are not only required to disclose their interests, but also take reasonable steps to identify and manage a conflict, or the appearance of a conflict of interest. All executives are required to complete a declaration and management of private interests form upon appointment (prior to their contract being entered into) and annually after appointment or within five working days after a change in circumstances (i.e. to any matter relating to information that an executive has previously disclosed in their form, for example, change of residence). Conflicts of interest should be declared using the public entity’s conflict of interest declaration and management form.
Public entities are encouraged to monitor and revise their policies and procedures in relation to identifying, reporting and managing conflicts of interest. If an executive is unsure if they have a conflict, it is recommended that they contact their HR area for further advice.
The way public sector employees manage offers of gifts, benefits and hospitality is critical to maintaining the trust of the community. Employees need to act in a manner that allows the community, customers, government, clients and business associates to feel confident that they perform public duties without favoritism or bias, or for personal gain.
VPSC has issued a Gifts, Benefits and Hospitality Policy Guide, which includes minimum accountabilities for public sector employees. These minimum accountabilities are binding on public entities under the Department of Treasury and Finance issued Instruction 3.4.11 supporting the Standing Directions of the Minister for Finance. The minimum accountabilities are:
1 Except where a person employed under the Education and Training Reform Act 2006 in a Victorian government school receives an offer from or on behalf of a parent, guardian, carer or student intended to express appreciation of the person’s contribution to the education of a student or students, in which case non-token includes any offer worth more than $100.
Benefits – preferential treatment, privileged access, favours or other advantage offered including invitations to sporting, cultural or social events, access to discounts and loyalty programs, and promises of a new job.
Gifts – free or discounted items or services and any item or service that would generally be seen by the public as a gift. These include items of high value (e.g. artwork, jewellery, or expensive pens), low value (e.g. small bunch of flowers), consumables (e.g. chocolates) and services (e.g. painting and repairs).
Hospitality – a friendly reception and entertainment of guests. Hospitality may range from light refreshments at a business meeting to expensive restaurant meals and sponsored travel and accommodation.
Disciplinary action consistent with the relevant industrial instrument and legislation, including dismissal, may be taken where an employee fails to adhere to this policy. This includes where an employee fails to avoid wherever possible or identify, declare and manage a conflict of interest related to gifts, benefits and hospitality in accordance with VPSC’s Conflict of Interest Policy.
In Victoria, lobbyists and government affairs directors are required to be listed on the Register of Lobbyists to engage in lobbying activities. They must comply with the Victorian Government Professional Lobbyist Code of Conduct. This Code also places obligations on executives who have contact with lobbyists and government affairs directors.
A lobbyist is a person or organisation who represents the interests of a third party to government. Lobbyists can strengthen democracy by advising individuals and organisations on public policy processes and by facilitating contact with relevant government representatives.
A government affairs director (GAD) is a person who makes regular enquiries, advocates changes to public policy, or seeks specific assistance from government in a paid capacity of an organisation or business or professional or trade association.
The following obligations apply to executives in the public sector:
The terms and conditions of an executive’s employment are set out in the executive’s employment contract. The employment contract puts into writing the expectations of both parties. The Standard Contract is a model contract that should be used in all public entities. The Standard Contract for public entities can be downloaded from the VPSC website.
The Standard Contract includes mandatory terms, which cannot be removed in individual employment contracts. The mandatory terms are set out in the Public Entity Executive Remuneration Policy. The VPSC strongly encourages the use of the non-mandatory clauses unless there is a clear business reason or a requirement of the specific role for the variation. Schedules appended to the standard executive employment contract set out the position, duties, location, and remuneration package that are specific to an executive.
Although public entities are able to vary the model clauses in the Standard Contract, there are some issues and risks associated with drafting new clauses. Public entities should seek legal advice when making changes to the model clauses.
There is no minimum term of employment. The length of employment can be agreed between the two parties as long as the term does not exceed five years.
The VPSC has commenced an annual process for entities to certify their compliance with whole of government executive workforce policies and procedures. In practice this requires public entities to certify their compliance with the mandatory elements of the PEER policy on an annual basis.
The Victorian Government supports a balance between work and family for all Victorians. The Government has demonstrated this commitment through the Wages Policy 2019, which requires that all public entities operationalise elements to the Government’s priorities in employment, such as gender equity and flexible working arrangements.
Executives can be offered flexible work arrangements to enable a balance of work with other life activities including family, health, study, sport and exercise, carer responsibilities, hobbies, and life or career aspirations.
This section outlines the various benefits the may be available in public entity employment that go beyond simply financial rewards.
The Victorian Government supports flexible work arrangements to enable a balance of work with other life activities including caring for family, contributing to the community, maintaining health and wellbeing, studying, transitioning to retirement or participating in leisure activities.
Processes will differ from one public entity to another, but the goal should be to reach an outcome in which an individual’s needs for flexibility are met, consistent with business requirements, industrial instruments and legislative requirements.
Flexible working arrangements include flexible start and finish times, working part-time, job sharing, etc. Executives can negotiate with their employer their working hours to fit with their other commitments, balanced against the demands of the role.
In many public entities, executives can access support programs through the Employee Assistance Program (EAP). The EAP is a personal coaching and counselling service that offers confidential, short-term support for a variety of work-related and personal issues that may be affecting an executive at work or at home.
A qualified advisor from the EAP can talk with the executive or a member of the executive’s immediate family over the phone or arrange a face-to-face consultation at an agreed location, either on or off site. If an executive decides to access the EAP, their details are not passed on to anyone in their public entity.
To meet the challenges facing Victoria, our public sector needs high performing, diverse and collaborative leaders who deliver high quality services and outcomes for our community. Each public entity will approach leadership development in light of the specific capability needs and strategic aims of the public entity. Executives should discuss development opportunities with the public entity’s HR unit directly.
Executives may be able to access opportunities to undertake intensive study focused on leadership in the public sector. For example, study programs include the Executive Fellow Programs and Executive Master of Public Administration offered by the Australia and New Zealand School of Government.
A diverse public sector is best equipped to understand, value and deliver for the Victorian community. Current Whole of Victorian Government strategies are focused on increasing the low representation and improving employment experiences of Aboriginal employees, those with a disability, LGBTIQA+ employees and people from culturally and linguistically diverse backgrounds (CALD).
Executives play a significant role in improving and driving inclusion across the sector. The VPSC website lists current diversity programs and initiatives and executives are encouraged to familiarise themselves with these.
Executives must seek the approval of their employer before engaging in any outside employment. The opportunity exists for executives to seek a leave of absence to undertake outside work that contributes to their professional development. Executives may also be able to undertake other secondary work unrelated to their position (so long as there is agreement with the employer). Executives must ensure that there is no direct or indirect conflict of interest arising from the secondary work they undertake (refer to Section 3.2 – Conflict of interest).
The employer may require an executive to undergo and satisfactorily pass a medical examination by a qualified medical practitioner (at the employer’s expense). Check with the employer’s HR unit for details on how to access a medical check. A medical check entitlement should not be ‘cashed in’ or used for expenses such gym memberships.