Code of Conduct for Members
Though the Legislative Assembly of the Australian Capital Territory (ACT) is both a small Parliament and a Small Branch of the CPA, there is no such thing as being too small to have big expectations for how
Parliamentarians will behave and conduct themselves. The Assembly is no exception and over many years the code of conduct has gone from strength to strength to ensure standards of expected behaviour loom large.
The ACT Legislative Assembly is Australia’s youngest Parliament. Following its establishment in 1989, it did not take long for the Assembly to turn its attention to the conduct standards expected of its Members.
In its first month, to address the potential for conflicts of interests, the Assembly adopted a resolution requiring Members to declare their private interests through a register. There were also a series of committee reports, the first in 1991, recommending the adoption of a code of conduct for Members.
However, despite some fits and starts, it was not until 2005 – following a report by the Assembly’s Standing Committee on Administration and Procedure recommending that a code of conduct be adopted (the Committee’s third report on the topic) — that the Assembly instituted an expansive code addressing Members’ conduct across a range of fronts. In the 19 years since, that code has been added to and amended to become a comprehensive statement of the behavioural requirements that the Assembly imposes on its Members. Among other matters, the code addresses expectations around integrity, honesty and diligence; upholding the separation of powers; acting in the public interest; avoiding conflicts of interest; being accountable and transparent; making proper use of public resources; and treating people with courtesy and respect.
The code also requires that Members eliminate and minimise health and safety risks in the workplace and adopt a zero tolerance approach to bullying, sexual and other harassment, sexual assault and discrimination. Within the first six months following an election, the Assembly reaffirms its commitment to the principles, obligations and aspirations of the code. Similarly, all Members elected outside of a general election (i.e. Members filling a casual vacancy) are required, before they make their inaugural speech, to affirm that they will abide by the code. The code is reviewed at the end of each Assembly and has been amended on seven occasions.
The Assembly’s code of conduct is complemented by two additional parliamentary initiatives: 1. The establishment of the Assembly Ethics and Integrity Adviser to provide non-legal advice to Members on ethical issues, including the operation of the code of conduct; and 2. The establishment of a Legislative Assembly Commissioner for Standards responsible for investigating and assessing complaints made against Members about possible breaches of the code or the Assembly’s requirements for declaring private interests. Since the establishment of the Commissioner for Standards, there have been 12 reports on complaints made about the conduct of Members.
Ministerial code
Ministers are also subject to a Ministerial code of conduct issued by the Chief Minister. That code reinforces Ministers’ accountability to the Assembly for their portfolio areas and their collective responsibility for cabinet decisions. The code requires that Ministers must act in accordance with a number of ethical principles such as integrity, honesty, diligence, accountability and fairness. Ministers are required to declare their pecuniary interests to the Chief Minister, to maintain confidentiality of cabinet deliberations and respect for Parliament, and to abide by caretaker conventions in the lead up to a general election.
Staff codes
There are separate codes of conduct for the staff of Ministers, staff of non-executive Members and staff of the Office of the Legislative Assembly (the administrative support agency of the Parliament headed by the Clerk of the Assembly).
These codes are made pursuant to legislative provision through the Legislative Assembly (Members’ Staff Act) 1989 and the Public Sector Management Act 1994. Ministers and Members are responsible for investigating and addressing any potential breaches of the applicable codes by their staff, while the Clerk of the Legislative Assembly is responsible for investigating possible breaches by staff of the Office.
Together, these initiatives operate to instil confidence that the Assembly, its Members, and its staff are meeting the expectations of the ACT community, remaining accountable to the institution and the people they serve.
For more information, visit the ACT Assembly’s website: https://www.parliament.act.gov.au/members/ethics-and-accountability
