Board of the Sydney Catchment Authority Code of Conduct

Principles of conduct

Responsibility and impartiality

Board members have an obligation, at all times, to comply with the spirit, as well as the letter, of the law, and with the principles contained in this code. Board members must comply with any administrative requirements and implementation of policies and decisions of the government of the day in an impartial manner.

Respect for people

People should be treated fairly and consistently, in a non-discriminatory manner and with proper regard to their rights and obligations. Board decisions should be reasonable, fair and appropriate to the circumstances, based on consideration of the relevant facts and supported by adequate documentation.

Honesty integrity and the public interest

Board members should promote confidence in the integrity of public administration and act honestly in the public interest. Board members should only use their authority and available resources and information for the purpose they are intended.

Responsive service

Board members must understand their role and the role of the Minister in relation to the Board. Members should have an understanding of the SCA’s stakeholder needs and expectations.

Economy and efficiency

Board members should look for ways to improve organisation performance and promote high standards of administration.

Personal and professional behaviour

Board members must perform their functions with integrity, impartiality, honesty, conscientiousness and loyalty to the public interest. Board members must act honestly, in good faith and use the powers of office for a proper purpose and in the best interest of the Board as a whole. Board members should not engage in conduct likely to bring discredit upon the SCA or take improper advantage of their position.

Board members have a duty to use due care and diligence in fulfilling the functions of office and exercising the powers attached to that office.

Accountability

Public expenditure

Board members must ensure efficient and responsible expenditure of public funds in accordance with government legislation, policy and guidelines.

Decision making

Board members will use board meetings as the appropriate forum for discussion of all relevant issues. Members must abide by the board processes regarding board meetings documented in the SCA’s governing legislation and according to the SCA’s Guidelines for Board Members.

Board members have an obligation to be independent in judgement and actions and to take all reasonable steps to be satisfied as to the soundness of all decisions taken by the Board.

Use of public resources

Resources provided by the SCA for use by Board members in the undertaking of their duties will be used for that work and in accordance with the rules documented in the SCA’s Guidelines for Board Members.

Use of official information

Confidential information received by a Board member in the course of the exercise of their duties remains the property of the SCA and it is improper to disclose it, or allow it to be disclosed, unless that disclosure has been authorised or is required by law.

Gifts and benefits

Board members must be wary of accepting gifts and benefits as this can place a public official in a position where they feel obliged to act contrary to rules of integrity, impartiality and honesty.

It is illegal to be offered or seek money or gifts in order to obtain a benefit or favour.

Board members must not accept gifts or benefits that could place them under an actual or perceived financial or moral obligation to other organisations, or to individuals.

In accepting gifts or benefits you must be satisfied that your position will not in any way be compromised, or appear to be compromised by the acceptance. Guidance can be found in the SCA’s Code of Conduct for Staff.

The SCA maintains a register of gifts to enable the receipt and disposal of gifts to be conducted in an open and transparent manner.

Disclosures

Board members must disclose their interest where there is a potential conflict regarding any contracts or the holding of an office. The Sydney Water Catchment Management Act 1998 (Schedule 1, 7(1) and (2)) sets out requirements regarding disclosure of pecuniary interest. Information regarding how a disclosure is to be made is included in the SCA’s Guidelines for Board Members.

The SCA is required to maintain a register and report such interests to the Minister.

Conflicts of interest

Board members must not allow personal interests, or the interests of any associated person, to conflict with the interests of the Board.

Board members have individual responsibility to fully disclose any conflict of interest. The Board must ensure that appropriate procedures are followed in handling conflict of interest issues. Conflicts of interest must be disclosed at the earliest opportunity and can be made on appointment, between meetings or prior to the relevant agenda item being discussed.

The proper management of conflicts or perceived conflicts of interest requires that they must be declared and that the processes are followed to deal with them. The SCA’s Guidelines for Board Members provides examples of types of conflicts of interest that may occur and disclosure processes. Disclosures are recorded in the Board Minutes.

Reporting suspected corrupt conduct

The Chief Executive or Chairperson of the Board is required to report corrupt conduct or suspected corruption to the Independent Commission Against Corruption (ICAC). Corrupt conduct is the dishonest or partial exercise of public official functions. It may also involve the conduct of non-public officials which adversely affects the honest and impartial exercise of a public official’s functions.

For conduct to be considered corrupt under the Independent Commission Against Corruption Act 1988 it has to be serious enough to involve a criminal offence, a disciplinary offence, or be grounds for dismissal.

A report must be made to the ICAC as soon as there is a reasonable suspicion that corrupt conduct may have occurred or may be occurring. Matters must be reported to the ICAC regardless of any duty of secrecy or other restriction on disclosure. Reports to the ICAC should be made without advising the person(s) to whom the report relates and without publicity.

The Protected Disclosures Act 1994 protects public officials who voluntarily report suspected corrupt conduct. Board members can make reports to the Chairperson or to the Chief Executive in accordance with the SCA’s internal reporting guidelines. The office of the NSW Ombudsman can be contacted regarding any matter pertaining to the Protected Disclosures Act 1994.

Members can report directly to the ICAC regarding corruption, the NSW Ombudsman regarding maladministration, and the NSW Auditor General regarding any serious and substantial waste of public money.