Our employees are expected to behave ethically and comply with IPART’s Code of Ethics and Conduct, and with a range of supporting guides and policies. We also expect high standards of behaviour from organisations and individuals that do business with us.
This Code articulates the standards of conduct that Tribunal members have committed to uphold and are therefore expected to demonstrate.
The Code of Ethics and Conduct provides an ethical framework for decisions, actions and behaviours as an employee of IPART, and is part of every employee’s employment contract.
This policy sets standards and provides guidance on how to manage a conflict of interest in an ethical manner. We are committed to preventing adverse consequences that can arise from a conflict of interest, as well as the appearance of favouritism, undue influence or impropriety.
This policy sets out when it is appropriate and inappropriate to give or receive a gift or benefit, and the actions that should be taken if offered a gift or benefit. You should not accept or offer a gift or benefit that is intended, could be perceived as causing, or is likely to cause, you or another party to act in a partial manner.
The Charter, and IPART Framework, Policy and Procedure, states how IPART intends to direct and manage fraud and corruption control, protecting public finances and assets.
This policy outlines IPART’s approach to complying with the Mandatory Notification of Data Breach (MNDB) Scheme, the roles and responsibilities for reporting data breaches and strategies for containing, assessing and managing eligible data breaches.
This policy provides guidance to employees and other public officials who wish to make a public interest disclosure (PID).
This policy sets out Code of Ethics and Conduct for Committee Members.
The IPART Corporate Governance Framework (the Framework) sets out governance arrangements for the Tribunal and related secretariat.
IPART’s Business Ethics Statement gives guidance on expected behaviours of consultants and suppliers, and of IPART. We expects all individuals and organisations that deal with us to uphold these standards of ethical behaviour.
All consultants and suppliers are required to observe the following principles when doing business with IPART:
Comply with applicable NSW Government procurement frameworks, policies, and codes of practice
Comply with IPART's procurement policies and procedures, and act ethically, fairly and honestly in all dealings.
Not offer IPART employees, contractors and consultants any inducements to act in a partial manner.
Declare actual, perceived or potential conflicts of interest as soon as such matters arise and work with IPART to manage perceived or potential conflicts.
Prevent the disclosure of confidential IPART information and protect IPART intellectual property.
Assist IPART to prevent fraud, corruption and unethical practices in business relationships by reporting wrongdoing.
Non-compliance with IPART’s Business Ethics Statement when doing business with IPART, as well as corrupt or unethical conduct, could lead to:
Termination of contracts;
Loss of future work;
Loss of reputation;
Investigation for corruption; and / or
Matters being referred for criminal investigation.
Consultants and suppliers must not offer or give gifts to IPART employees intended as an inducement to act in a partial manner and there is no expectation from IPART employees that any gifts will be provided. IPART employees will decline gifts, benefits, or travel offered during the course of their work. Cash gifts (or equivalent, e.g. gift vouchers) are never acceptable.
IPART consultants and suppliers must not pay or offer to pay for any form of entertainment for IPART employees. This includes such things as tickets to sporting or social events, social meals at restaurants, travel expenses to attend either local or interstate meetings or conferences, or accommodation expenses. IPART meets all such business costs for employees.
IPART employee participation in some modest forms of hospitality is permitted where: a clear underlying business purpose exists; it is in the normal course of business; relates to the work of the Tribunal; has a public benefit; and is disclosed by the employee.
Offers, acceptance, and non-acceptance, of gifts, benefits and hospitality are required to be disclosed by IPART employees in accordance with IPART’s Conflict of Interest and Gifts and Benefits Policy.
IPART acknowledges that judgement by both consultants, suppliers and employees needs to be exercised regarding the offer and acceptance of such hospitality – the essence is that it must be modest (both actual and in perception) and not be encumbered by obligation. It must also not be offered at a time that could raise general concerns about conflicts of interest, for example during a tender or contract negotiation period. Modest hospitality could include basic refreshments at meetings, and simple light working luncheons.
In the course of some reviews and projects IPART employees may travel to visit sites. Sometimes, stakeholders may offer to organise transport for employees visiting their site. Decisions on whether to accept any offer must comply with IPART’s Conflict of Interest and Gifts and Benefits Policy.
IPART does not accept employee secondments or transfer to or from regulated entities.
All IPART employees are required to disclose any actual, perceived, or potential conflicts of interest. This includes those that can, or could, arise from personal relationships between IPART employees and staff of consultants and suppliers. This requirement is extended to all IPART consultants and suppliers.
IPART will not ask for, entertain, or enter into any sponsorship or similar arrangement that is not open and transparent or where such activity creates a perception that it could be part of an attempt to improperly influence decision-making processes. Where applicable, specific policies and processes developed within IPART for sponsorship arrangements are to be adhered to.
Confidential information (in whatever form – hard copy, electronic, etc.) must be treated as such and protected as appropriate. The specific requirements of copyright laws and individual contracts must be adhered to in relation to confidentiality and intellectual property.
In line with applicable NSW Government procurement frameworks, policies, and codes of practice, IPART and consultants, contractors, sub-contractors and suppliers will maintain business relationships based on open and effective communication, respect and trust, and adopt a non-adversarial approach to dispute resolution.
IPART requires employees to obtain the approval of the Chief Executive Officer prior to entering into any other paid employment arrangement. This will not be approved if it has the potential to create an actual or perceived conflict of interest between the employee’s public official role and their private interests. IPART employees are not to use either their position, government information, or intellectual property developed while serving Government to secure private employment.
Consultants and suppliers must not offer IPART employees other paid employment which conflicts with their public duties. Former employees who have dealings with IPART need to ensure that they do not seek, or appear to seek, favourable treatment or access to confidential information.
All contractors and sub-contractors are expected to comply with the IPART Business Ethics Statement. Consultants and suppliers are responsible for making any of their sub-contractors aware of this statement.
Non-IPART employees must not make any public comment or statement that would lead anyone to believe that they are representing IPART, or expressing its views or policies whether at public and community meetings, via the media, or when it is reasonable that comments or statements will become known to the public at large.
IPART employees are not permitted to provide public endorsement, on IPART behalf, of companies or their products.
IPART does not tolerate corrupt conduct, maladministration, serious and substantial waste of public money, government information contravention, and other forms of serious wrongdoing. IPART consultants and suppliers are required to report all information that they become aware of that they honestly believe, on reasonable grounds, shows or tends to show, serious wrongdoing inside or outside the IPART and its related entities.
Individuals and corporations (and employees or officers of these corporations) engaged by IPART under a contract to provide services to, or on behalf of, IPART are classified as ‘public officials’ under the Public Interest Disclosures Act 1994. The Act protects public officials from reprisal or detrimental action when disclosing corrupt conduct or other specific wrongdoing in line with requirements of the Act. The Act also ensures that disclosures are appropriately investigated and dealt with.
The Committee provides independent advice to the Tribunal Chair and Chief Executive Officer by monitoring, reviewing and providing guidance regarding IPARTs governance processes, internal audit, risk management and control framework, compliance management and its external accountability obligations. Refer to the Audit and Risk Committee Charter.
The Committee members are appointed in accordance with the NSW Government’s Prequalification Scheme: Audit and Risk Committee Independent Chairs and Members and operate in line with NSW Treasury’s Internal Audit and Risk Management Policy for the General Government Sector.
Questions regarding the Statement of Business Ethics:
Chief Procurement Officer
Independent Pricing & Regulatory Tribunal (IPART)
Level 16
McKell Building, 2-24 Rawson Place
SYDNEY NSW 2000
Tel: (02) 9019 1924
