10. Standards of Conduct

The following standards are derived from the ethics principles and obligations as outlined in sections 8 and 9 of this code. They apply directly to all members of the Service and are the standards that will be used by the Service when determining appropriateness of a member's conduct against the provisions of this code.

10.1 Responsibility to Community, Government and the Law

Members are to act in good faith, in accordance with both the spirit and the letter of the law and in the best interests of the community of Queensland.

While acknowledging the need for adherence to the principles of responsible parliamentary government and the need for police operational decisions to be free, and be seen to be free from undue or improper political considerations, all members of the Service have responsibilities towards the government of the day and are to:

(i) ensure political neutrality in all policing decisions and implement Government policy and Ministerial directions impartially, regardless of which political party or parties are in office; and

(ii) when requested or directed, provide advice, through the Commissioner, to the Minister and Government, in a comprehensive, accurate and timely manner.

10.2 Public Comment

The Service acknowledges that members have a right to make public comment and enter into public debate on political, community and social issues in a private capacity. Where a public comment is made in a private capacity members are to ensure that it is clearly identified as not being an official comment or made in an official capacity. There are circumstances where public comment or debate by members is not acceptable. These include circumstances where:

(i) a public comment made in a private capacity may give rise to a public perception that it is in some way an official comment of the Government or the Service;

(ii) a member is directly involved in advising on or directing the implementation or administration of government policy, and the public comment would compromise the member s ability to do so;

(iii) a public comment amounts to improper criticism of the Government or the Service;

(iv) an official public comment is inconsistent with the Service s corporate policy or direction, or gives rise to the perception that the member is in disagreement with the Service s corporate policy or direction; or

(v) a public comment amounts to an unwarranted personal attack on the character or integrity of another member or person.

Where members are in any doubt as to the propriety of a proposed public comment they should consult their supervisor, and observe any directions issued by the Commissioner governing public comment and political activity.

10.3 Political Activity

Members have the same right as any other citizen to freedom of political views and association. However, any political activity by members is to be conducted in a private capacity. It is essential that members clearly separate any official action or views from any political action or views. Members may only engage in private political activity or comment outside the course of official duty and are to ensure that no conflict of interests arise between such activity or comment and their official duties. Where a member enters into any agreement with a political party during the course of or prior to an election campaign that has the potential to compromise the independence of the Police Service they must report the matter immediately to the Commissioner.

Examples of permissible conduct under this section are:

(i) expressing opinions on political subjects and candidates in a private capacity;

(ii) displaying political advertising (except in situations that are connected to official duties, i.e. advertising must not be displayed whilst on duty or on Queensland Police Service property); and

(iii) signing a political petition in a private capacity.

Members of the Service contesting federal, state or local government elections are to comply with the relevant provisions of s. 25.1: 'Members Contesting Elections' of the Human Resource Management Manual.

10.4 Union Representatives and Public Comment

The Service recognises the responsibilities of members elected as workplace representatives or officials of trade unions and professional associations. Such representatives or officials need not seek permission from the Service before expressing publicly their union s or association s views. However, any such representative or official is to ensure that such comments are clearly made and identified as the views of their union or association and are made in their official capacity as a representative or official of that union or association.

10.5 Lawful Directions

Members are to obey any lawful direction, instruction or order given by any member or person authorised by law to do so.

Members in satisfying their obligations under this section are to comply with the provisions on lawful directions as outlined in s. 17.2: 'Procedural Guidelines for Professional Conduct' of the Human Resource Management Manual.

10.6 Conflict of Interests

Members of the Service are expected to perform their duties in such a manner that public confidence and trust in the integrity, objectivity and impartiality of the Queensland Police Service and its members is preserved.

In satisfaction of this objective members are to arrange their private affairs in a manner that will prevent any actual or apparent conflict of interests from arising wherever foreseeable. Further, members are to ensure as far as practicable there is no conflict between their personal interests and the impartial fulfilment of their official duties and responsibilities.

Members are to avoid both actual or apparent conflicts of interests in all matters relating to their employment with the Service. However, members are not to be subject to unreasonable restrictions on their private activities purely as a result of their employment with the Service. Where a conflict of interests does arise between the private interests of a member and the official duties or responsibilities of that member, the member is to disclose details of the conflict to their supervising Executive Officer. All conflict of interests relating to a member's employment with the Service will be resolved in favour of the Service and the public interest.

Members in satisfying their obligations under this section are to comply with the provisions on outside employment as outlined in s. 17.2: 'Procedural Guidelines for Professional Conduct' of the Human Resource Management Manual. Section 17.2 outlines the processes to be followed in dealing with the range of potential conflicts of interests that may confront members.

10.7 Gifts and Benefits

In their official capacity as a member of the Service, members are not to solicit any personal or other benefit, except where the solicitation is authorised by the Service (e.g. legitimate pursuit of donations or sponsorship in accordance with Service policy).

In their official capacity as a member of the Service, members are not to accept any personal or other benefit, unless authorised/permitted by the Service (e.g. customary hospitality and benefits of nominal value).

The Service recognises that there will be instances where members will be offered benefits and that under certain circumstances it will be appropriate for members to accept them. However, members are to avoid all situations in which the acceptance of any benefit could create an actual or apparent conflict of interests with their official duties. As a general principle, members are not to accept any benefit extended to them other than incidental gifts, customary hospitality or benefits of a nominal value. When offered customary hospitality, incidental gifts or benefits of nominal value, members will need to decide whether to accept the offer.

Members are to consider the following when making this decision: (i) who is offering the hospitality, gift or benefit? (ii) what is the purpose of the offer?

(iii) what is the timing of the offer?
(iv) does the value of the hospitality or benefit exceed nominal value?
(v) is the offer likely to be regular or repetitive?
(vi) is it consistent with other Service policy?
(vii) could the acceptance compromise you, another person or the Service?
(viii) could the acceptance stand public scrutiny?

If in the consideration of points (i) to (viii) of this section there is any doubt about the intention or integrity of the source making an offer, members are to reject the offer.

Where the value of the offer exceeds nominal value and to refuse the hospitality or benefit may cause offence, the offer should be accepted and immediately dealt with in compliance with the provisions on gifts and benefits as outlined in s. 17.2: 'Procedural Guidelines for Professional Conduct' of the Human Resource Management Manual.

10.8 Personal Conduct

At all times, members are to act and be seen to act properly and in accordance with both the spirit and the letter of the law and the terms of this code of conduct. Members are not to act in a manner which will adversely reflect on the service generally or on themselves as members of the Service.

10.9 Outside Employment

Members may not engage in any employment outside the Queensland Police Service whilst on leave or otherwise if such employment:

(i) interferes with the effectiveness of the performance of their duties;

(ii) creates or appears to create a conflict of interest; or

(iii) reflects adversely on the Service.

Members in satisfying their obligations under this section are to comply with the provisions on outside employment as outlined in s. 17.2: 'Procedural Guidelines for Professional Conduct' of the Human Resource Management Manual.

10.10 Use of Alcohol and Other Drugs

Members are to ensure that the consumption of alcohol or other drugs does not adversly affect the performance of their official duties.

Members of the Service are not to:

(i) consume alcohol while on duty or during meal breaks except where related to the member's official duties and subject to a superior member's approval and conditions; or

(ii) consume alcohol or other drugs when a requirement to go on duty is reasonably foreseeable and imminent where such consumption will:

(a) adversely affect ability to conduct official duties;

(b) result in unsatisfactory work performance; or

(c) affect the safety of others.

Members in satisfying their obligations under this section are to comply with the provisions on the consumption of alcohol as outlined in s. 17.2: 'Procedural Guidelines for Professional Conduct' of the Human Resource Management Manual.

10.11 Influence to Secure Advantage

Members shall not use the influence of their official powers or position, or the influence of any person to obtain improperly, any appointment, promotion, advancement, transfer, decision or other advantage, either personally or on behalf of another.

10.12 Improper Access or Use of QPS Information

In the performance of official duties, members of the Service are granted lawful access to many sources of information, confidential or otherwise. With this access comes a requisite level of accountability and trust that the information will only be used for official purposes. It is the view of the Service that there is no excuse for members to betray the public trust by making any unauthorised, improper or unlawful access or use of any official or confidential information available to them in the performance of their duties.

When dealing with official or confidential information of the Service, members are not to access, use or release information without an official purpose related to the performance of their duties.

Where any member breaches this provision they must expect that the Service will institute appropriate disciplinary or criminal proceedings. Members need to be aware that this type of activity is viewed by the Service as misconduct and any members who breach the provisions of this section will be dealt with accordingly.

Members requiring further information or assistance when dealing with official or confidential information should refer to and comply with relevant provisions of the following legislation and documents:

• Sections 10.1 and 10.2 of the Police Service Administration Act;
  
  
• the Freedom of Information Act 1992;
  
  
• the Queensland Police Service Statement of Affairs; and
  
  
• Chapter 1 of the Operational Procedures Manual.

10.13 Intellectual Property and Copyright

Members of the Service are to comply with all legislation, Service policies and procedures covering intellectual property and copyright. A member will breach the provisions of this code where they fail to comply with any such legislation, policy or procedures.

Members in satisfying their obligations under this section are to comply with the provisions on intellectual property and copyright as outlined in s. 17.2: 'Procedural Guidelines for Professional Conduct' of the Human Resource Management Manual.

10.14 Performance of Official Duties

In the performance of official duties members are to:

(i) demonstrate high standards of professional integrity and honesty;

(ii) apply themselves to the efficient and effective achievement of the functions of the Queensland Police Service;

(iii) perform any duties associated with their position diligently and to the best of their ability, in a manner that bears the closest public scrutiny and meets all legislative, Government and Service standards;

(iv) set and maintain standards of leadership that are consistent with corporate goals and policies, and be seen at all times to act in support of those corporate goals and policies;

(v) promote and encourage members of the Service under their supervision to exercise high standards of personal and professional conduct;

(vi) act with fairness and reasonable compassion;

(vii) provide conscientious, effective, efficient and courteous service to all those with whom they have official dealings. In particular, members are to be sensitive to the special circumstances and needs surrounding victims of crime;

(viii) while members will put family responsibilities first, duty to the people of Queensland will always be given priority over the other private interests of members;

(ix) perform their duties impartially and in the best interests of the community of Queensland, without fear or favour;

(x) act in good faith; and

(xi) actively contribute to the achievement of the Service's corporate goals.

10.15 Conduct Toward Members and Other Persons

In the course of their duties, and in particular when exercising discretionary powers, members are to:

(i) treat all persons with respect and dignity and in a reasonable, equitable and fair manner;

(ii) not intimidate, engage in sexual or other forms of harassment, unlawfully discriminate or otherwise abuse any person;

(iii) observe merit in recruitment, promotion and other selection processes;

(iv) safeguard privacy and confidentiality of matters of a personal nature relating to other members of the Service;

(v) adhere to the principles of natural justice;

(vi) adhere to management principles and practices which foster the rights, and well being of members and encourage access to employee assistance and development schemes;

(vii) ensure subordinates are set equitable and fair workloads;

(viii) not inappropriately distract other members of the Service from carrying out their duties;

(ix) not allow personal relationships to adversely affect their work performance or that of other members; and

(x) not induce other members to breach this code.

10.16 Resources, Economy and Efficiency

In the performance of official duties members are to:

(i) use or manage both human and material resources efficiently and effectively for the benefit of the public of Queensland;

(ii) conserve and safeguard public assets;

(iii) budget honestly;

(iv) not misuse Service equipment or vehicles; and

(v) respect the environment by engaging in environmentally friendly work practices.

Members are not to (directly or indirectly) make improper use of, or allow the improper use of, property, equipment and facilities of any kind belonging to or leased by the Commissioner. Members are not to use any such property, equipment, or facilities for any purpose which has not been authorised by the Service.

Members are to ensure that all facilities, physical resources and other property belonging to the Commissioner are given due care and maintenance. Members in satisfying their obligations under this section are to comply with the provisions of s.17.2.4.8: 'Service Property- Due Care, Maintenance and Security' of the Human Resource Management Manual

Members are to avoid waste, abuse of, or extravagant use of Service resources.