Australian Capital Territory
Legislative Assembly (Members’ Staff) Code of Conduct for Ministerial Staff and Staff of Other Office-holders Determination 2015*
Disallowable instrument DI2015-319
made under the
Legislative Assembly (Members’ Staff) Act 1989, s 5 (3) (Office-holders may employ staff)

1	Name of instrument
This instrument is the Legislative Assembly (Members’ Staff) Code of Conduct for Ministerial Staff and Staff of Other Office-holders Determination 2015.
2	Commencement
This instrument commences on the day after its notification day.
3	Notes
A note included in this instrument is explanatory and is not part of this instrument.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Definition
In this instrument:
Act means the Legislative Assembly (Members’ Staff) Act 1989.
Minister means a minister as defined in the Australian Capital Territory (Self-Government) Act 1988.
Other Office-holder means an office-holder of the Legislative Assembly as defined in the Legislative Assembly (Members’ Staff) Act 1989, other than a minister.
5	Approval for Act, s 5
This instrument determines arrangements under which the staff of ministers and other office-holders are employed under the Act, section 5.
6	Class of persons to whom this determination applies
This determination applies to persons employed by ministers and other office-holders under subsection 5(1) of the Act.

7	Code of Conduct
The class of person specified in column 2 below to whom this determination applies, must, in discharging their duties, comply with the Code of Conduct set out in the schedule specified in column 3 below:
 
column 1
item	column 2
class of persons	column 3
schedule	
1	Ministerial staff	Schedule 1	
2	Staff of Other Office-holders	Schedule 2	

Dated 14 December 2015 

Andrew Barr
Chief Minister

Schedule 1	Code of Conduct for Ministerial Staff
(see cl 7)

1.	Ministerial staff are required to familiarise themselves with, and meet their obligations under, the following:
a)	the terms of any industrial agreement or employment contract relevant to their employment; 
b)	Continuing Resolutions of the Legislative Assembly for the ACT in particular, the Members’ Code of Conduct in continuing resolutions no. 5 and the Assembly’s endorsement of the Commonwealth (Latimer) House Principles on the Three Branches of Government in continuing resolutions no. 8A;
c)	the Legislative Assembly (Members’ Staff) Act 1989 and relevant disallowable instruments made under the Act;
d)	the Cabinet Handbook; 
e)	the Code of Conduct for Ministers; and
f)	this Code of Conduct.

2.	Ministerial staff must:
a)	act with propriety, honesty and  integrity;
b)	act with fidelity and in good faith;
c)	avoid conflicts of interest and report any potential conflicts to their Minister or supervisor as soon as possible after the relevant facts come to their notice;
d)	never solicit nor accept a payment or other benefits as reward for anything done in connection with their employment;
e)	not unlawfully coerce a member of the public or another public employee;
f)	not inappropriately use or disclose information acquired in the course of their employment;
g)	not make, or seek to make, improper use of their position or access to information to gain, or seek to gain, a benefit or advantage for themselves or any other person, including after leaving the Minister’s office;
h)	not misuse or misappropriate resources provided by the Territory;
i)	demonstrate appropriate standards of professional conduct in their interaction with officials.
j)	promote the public interest in all official dealings;
k)	recognise that executive decisions are the preserve of Ministers, statutory officers and public servants acting in accordance with their duties and not ministerial staff acting in their own right;
l)	respect the impartiality of the ACT Public Service and its complementary role in supporting Ministers in the discharge of their duties; and

3.	As part of their general obligations of employment, Ministerial staff are required to:
a)	perform duties diligently, with care and to the best of their skill and ability;
b)	comply with any lawful and reasonable direction given by a person having authority to give the direction;
c)	observe appropriate standards of behaviour at all times;
d)	treat others with respect, courtesy and with proper regard for their human rights; and
e)	support their employing Minister’s compliance with any code of conduct that applies to that Minister.

Schedule 2	Code of Conduct for Staff of
Other Office-holders
(see cl 7)
1.	
Staff of Other Office-holders are required to familiarise themselves with, and meet their obligations under, the following:
a)	the terms of any industrial agreement or employment contract relevant to their employment; 
b)	Continuing Resolutions of the Legislative Assembly for the ACT, in particular the Members’ Code of Conduct in continuing resolution no. 5 and the Assembly’s endorsement of the Commonwealth (Latimer) House Principles on the Three Branches of Government in continuing resolutions no. 8A;
c)	the Legislative Assembly (Members’ Staff) Act 1989 and relevant disallowable instruments made under the Act; and
d)	this Code of Conduct.

2.	Staff of Other Office-holders must:
a)	act with propriety, honesty and  integrity;
b)	act with fidelity and in good faith;
c)	avoid conflicts of interest and report any potential conflicts to their employing member or supervisor as soon as possible after the relevant facts come to their notice;
d)	never solicit nor accept a payment or other benefits as reward for anything done in connection with their employment;
e)	not unlawfully coerce a member of the public or another public employee;
f)	not inappropriately use or disclose information acquired in the course of their employment;
g)	not make, or seek to make, improper use of their position or access to information to gain, or seek to gain, a benefit or advantage for themselves or any other person;
h)	not misuse or misappropriate resources provided by the Territory; and
i)	demonstrate appropriate standards of professional conduct in their interaction with officials.

3.	As part of their general obligations of employment, staff of Other Office-holders are required to:
a)	perform duties diligently, with care and to the best of their skill and ability;
b)	comply with any lawful and reasonable direction given by a person having authority to give the direction;
c)	observe appropriate standards of behaviour at all times;
d)	treat others with respect, courtesy and with proper regard for their human rights; and
e)	support their employing member’s compliance with any code of conduct that applies to that member.