INTRODUCTION

Our Statement of Business Ethics provides guidance for anyone doing business with the Independent Pricing and Regulatory Tribunal (IPART). It outlines our values, what we expect from contractors and suppliers, and what they can expect from us. 

IPART is committed to upholding the principles of transparency, honesty, integrity, impartiality, ethical conduct, and accountability in all areas of public administration. IPART is committed to the NSW Government Procurement Policy Framework.

IPART’s role includes independent regulation and reviews to advise on policy, efficiency and effectiveness and consumer prices across the public sector and private sector essential services. Our functions include statutory and commissioned roles across the following sectors:

  • Energy and climate change
  • Water
  • Transport
  • Planning and local government
  • Insurance
  • Human services
  • Government business

OBJECTIVE

The purpose of this Statement of Business Ethics is to:

  • Provide guidance for contractors and suppliers when doing business with IPART
  • Outline IPART’s standards of ethical behaviour and our expectation that contractors and suppliers comply with these standards
  • Outline what contractors and suppliers can expect when dealing with IPART
  • Ensure cost effectiveness and value for money whilst being fair, ethical, and transparent. This is particularly important when procuring goods and services.

KEY RESPONSIBILITIES

Contractors and suppliers (including agreement holders, service providers and consultants) are responsible for understanding and adhering to the terms of this Statement.

Employees are responsible for understanding, promoting, and adhering to the terms of this Statement.

Managers and Directors are responsible for ensuring:

  • Employees are informed of the principles of this Statement and
  • Contractors and suppliers are made aware of this Statement of Business Ethics

Executive leadership team are responsible for promoting and supporting this Statement of Business Ethics.

IPART VALUES 

Employees are expected to behave ethically and comply with IPART’s Code of Ethics and Conduct, underpinned by the NSW Government’s core values and principles of integrity, trust, service and accountability. 

Our key values are: 

  • Integrity and Courage
  • Respect and Inclusion
  • Curiosity and Openness
  • Making a Difference.

It is our expectation that our contractors and suppliers uphold these values when supplying or operating alongside IPART. These values can be demonstrated by:

  • acting and making decisions transparently
  • communicating clearly
  • delivering on what is promised
  • taking responsibility for decisions and actions, and
  • seeking to understand what people need.

CONTRACTOR & SUPPLIER OBLIGATIONS

All contractors and suppliers are expected to comply with our Statement of Business Ethics. They are expected to: 

  • Comply with the NSW Government Procurement Policy Framework
  • Comply with the terms, conditions and requirements as stated in the documents supplied by IPART
  • Ensure business and supply chain practices are conducted in an ethical, honest and safe manner
  • Act with integrity and openness
  • Provide accurate and reliable information and advice when required
  • Ensure that the subcontractors and agents engaged in the delivery of good and/or performance of services are aware of, and comply with, engagement terms and conditions including this Statement of Business Ethics
  • Ensure the highest ethical practices in their organisations and supply chains, including fair and timely payment of employees, contractors and agents
  • Not offer IPART employees, contractors, or suppliers any incentives, gifts, and benefits to improperly influence their conduct
  • Declare any situation that directly involves or could be perceived or have potential to involve a conflict of interest, and work with IPART to manage actual, perceived, or potential conflicts
  • Not discuss with the media any dealings with IPARTs without IPART’s prior written approval
  • Manage business risks, including those associated with fraud and corruption, to our satisfaction
  • Prevent the disclosure of confidential IPART information and protect IPART intellectual property
  • Not deal in goods and services or components in any way associated with modern slavery, child labour, crime, fraud, corruption, and unethical practices in business relationships.

IPART OBLIGATIONS

IPART will:

  • Comply with applicable IPART policies and NSW Government laws, regulations, policies and procedures
  • Demonstrate fairness and transparency in our dealings with individuals and organisations
  • Ensure our decisions and actions are reasonable, fair, and appropriate to the circumstances, based on consideration of all the relevant facts, and are supported by relevant legislation, policies and procedures
  • Promote the integrity and reputation of the public sector by always acting in the public interest and not engage in any activities that would bring the public sector into disrepute
  • Ensure that all procurement activities are transparent, fair, open and competitive while seeking value for money (note this does not always mean the lowest price) and fit for purpose
  • Not seek quotations, proposals, or tenders unless there is intention at the time to proceed to a contract/agreement
  • Not use or disclose confidential or personal information unless required or permitted to do so by law
  • Avoid, disclose, and manage conflicts of interest, where private interests conflict with public duty
  • Not seek or accept financial or other benefits from potential, current or past contractors and suppliers
  • Act honestly and transparently.

COMPLIANCE 

Contractors and suppliers are required to comply with this Statement of Business Ethics. By complying with this Statement of Business Ethics you will be able to advance your business objectives and interests in a fair and ethical manner.

Contractors and suppliers should also be aware of the consequences of not complying with these ethical requirements when doing business with IPART.

Non-compliance could lead to:

  • Termination of contracts or agreements
  • Loss of future opportunities to do business with IPART and the NSW Government
  • Reputational damage for IPART
  • Investigation for corruption
  • Matters being referred for criminal investigation to the NSW Independent Commission Against Corruption or the NSW Police Force.
  • Suspension or removal from prequalification schemes and panel arrangements.

PRACTICAL GUIDELINES

Gifts, Hospitality and Travel

A gift or benefit designed or intended to gain a business advantage must not be offered to any IPART employees or Tribunal members. As a general principle, the following will apply:

  • IPART employees and Tribunal members will decline gifts, benefits, travel, or hospitality offered during the course of their work. Cash gifts or equivalent - for example, gift vouchers - are never acceptable.
  • IPART employee and Tribunal member 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.
  • Offers, acceptance, and non-acceptance, of gifts, benefits and hospitality are required to be disclosed in accordance with IPART’s Gifts and Benefits Policy. IPART may publish details of any gift or benefit offered, including the name of any organisation that makes the offer, in a register on its website.
  • IPART acknowledges that judgement 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.
  • Contractors and suppliers must not pay or offer to pay for any form of entertainment for IPART employees or Tribunal members. 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. 

Conflicts of Interest

In dealings with the private sector, an actual, potential, or perceived conflict of interest may arise between an employee’s private and personal interest and that employee’s duty to IPART. Therefore, all employees are required to disclose any potential, perceived or actual conflicts of interest in writing.

Employees involved in a procurement activity must disclose any actual, perceived, or potential conflict of interest to the procurement team. This includes an interest by an employee or a member of their family, or close relative or associate in a company that responds to or is in some other way involved in the procurement process. 

The same principle is extended to all contractors and suppliers. IPART expects that they disclose any actual, perceived, or potential conflict of interest and take appropriate actions to manage any such conflict. 

Regulated Entities

In the course of some reviews and projects, IPART employees may travel to visit sites. Sometimes, stakeholders may offer to organise transport or accommodation for employees visiting their site. Decisions on whether to accept any offer must comply with IPART's Gifts and Benefits Policy.

IPART does not accept employee secondments or transfer to or from regulated entities.

Sponsorship 

IPART will not ask for, entertain, or enter into any sponsorship or similar arrangement that is not open and transparent. Sponsorships must not infer or involve the endorsement of products or services by IPART, its employees or Tribunal members. Where applicable, the NSW Government Sponsorship Policy and specific policies and processes developed within IPART for sponsorship arrangements are to be adhered to.

Confidentiality and Intellectual Property 

Contractors and suppliers should be aware that IPART employees and Tribunal members must maintain the security and safe keeping of all official information and documentation as necessary during their role. IPART, its contractors and suppliers must not use or disclose any confidential information, unless required or authorised by law.

Confidential information in whatever form – hard copy, electronic, etc must be treated as such and protected appropriately. The specific requirements of copyright laws and individual contracts must be adhered to in relation to confidentiality and intellectual property.

Information provided by IPART to its agreement and contract holders is provided on a confidential basis, unless otherwise explicitly indicated, or the information is available in the public domain. 

Competing companies will never be given another company’s information regarding price, approach, or methodology nor any aspect of a competitor’s tender/proposal/bid, details of products or services, innovations, or any other commercial or proprietary information.

All parties in business relationships with IPART will respect and honour each other’s confidentiality and intellectual property rights.

Organisations participating in a procurement or competitive bid process should be aware that certain information regarding contractual agreements and arrangements, including the identity of the successful contractor and the price payable, must be made publicly available after contracts or agreements are awarded in accordance with the Government Information (Public Access) Act 2009. 

Order Splitting

IPART employees, contractors and suppliers must not request, encourage, or facilitate the prohibited act of ‘order splitting’ (splitting one order into a succession of orders for the purpose of obtaining the goods or service under a financial delegation threshold).

Labour, Human Rights and Preventing of Modern Slavery

We expect suppliers and contractors to conduct due diligence to ensure their products and services (including their operations or supply chains or supply chains of any entity they own or control) are free from workplace bullying, harassment, victimisation, abuse, modern slavery, and unethical practices and take appropriate actions to rectify any identified issues.

IPART employees, contractors and suppliers are expected to make all reasonable efforts to ensure that businesses within their supply chair are not engaged in, or complicit with, human rights abuses such as forced or child labour. 

All parties must take reasonable steps to address, report and remove procurement activities involving modern slavery in accordance with the Modern Slavery Act 2018 (NSW) and NSW Anti-slavery Commissioner’s Guidance on Reasonable Steps to Manage Modern Slavery Risks in Operations and Supply-Chains.

Communication and Cooperation 

In line with the applicable NSW Government Procurement Framework, policies, standards, and codes of practice, IPART and its contractors and supplier will:

  • ensure communication is clear and documented where reasonably practical to minimise the risk and perception of inappropriate influence on a commercial relationship,
  • maintain business relationships based on respect and trust; and
  • adopt a non-adversarial approach to dispute resolution.

Private Employment and Post-Separation Employment

IPART requires employees to obtain the approval of the Chief Executive Officer (or other delegate) prior to entering in 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. 

Contractors and suppliers should not offer IPART employees any employment which conflicts with their public role and responsibilities. Former employees who have dealings with current IPART employees must ensure that they do not seek, or appear to seek, favourable treatment or access to confidential information. 

Public Comment

Private sector 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’s behalf, of companies or their products.

Public Interest Disclosures

IPART does not tolerate any form of serious wrongdoing, including corrupt conduct, maladministration, serious and substantial waste of public money, government information contraventions, or privacy contraventions. IPART’s contractors 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 or exercise functions on behalf of IPART are classified as ‘public officials’ under the Public Interest Disclosures Act 2022. The Act protects public officials from reprisal or detrimental action when disclosing serious wrongdoing in line with requirements of the Act. The Act also requires that disclosures be appropriately investigated and dealt with.

Environmental Sustainability

IPART expects all suppliers to support the NSW Government’s sustainability initiatives and share this commitment and work towards reducing environmental impact of their operations. We encourage suppliers to maintain environmentally responsible policies and practices such as waste reduction, recycling, and energy efficient operations.

Workplace Health and Safety

We expect our contractors and suppliers to provide their employees a safe work environment and integrate sound health and safety management practices into their business.

Contractors and suppliers must comply with all applicable laws and regulations relating to workplace health and safety.

CONTACTS

To report misconduct, breaches of this Statement of Business Ethics, suspect modern slavery is part of the supply chain in any category or to get advice contact the:

Chief Procurement Officer 
Independent Pricing and Regulatory Tribunal 
Level 16, 2-24 Rawson Place, Sydney NSW 2000

Email: procurement@ipart.nsw.gov.au
Tel: +61 2 9290 8446

If you have concerns about a possible breach or any conduct that could involve fraud, corrupt conduct, maladministration, or serious and substantial waste of public funds, please contact:

Chief Audit Executive 
Independent Pricing and Regulatory Tribunal
Level 16, 2-24 Rawson Place, Sydney NSW 2000

Email: internal_audit@ipart.nsw.gov.au
Tel: +61 2 9113 7745

Alternatively, the following external organisations may be contacted about any conduct that could involve fraud, corrupt conduct, maladministration, or serious and substantial waste of public funds: