Code of conduct

1. Introduction
2. Conduct principles
3. Employment principles
4. General
5. Personal and professional behaviour
6. Conflict of interest
7. Use and release of information
8. Financial probity and accountability
9. Outside employment
10. Exiting Victoria Legal Aid

1. Introduction

Helping you to understand your responsibilities and obligations as a staff member of VLA is an important step towards ensuring that the services we provide abide by a clear set of principles - impartiality, integrity, accountability and responsiveness.

Victoria Legal Aid is an independent organisation that is accountable to governments and the community for the efficient and effective expenditure of legal aid funds. Our operation philosophy consists of a series of principles and ideals to guide our decisions and actions. Our standing in the eyes of both the government and the community is therefore dependent upon our service provision as an organisation, and our actions taken as individual members as representatives of this organisation.

This Code of Conduct will provide you with a framework to enable you to appreciate what VLA expects of you as an employee of this organisation. For instance, you are required to disclose all potential areas of conflict of interest to management when dealing in the course of official duties with relatives, close friends or business acquaintances.

Whilst this Code cannot cover all situations, it will give you a clear picture of what VLA requires in terms of suitable personal and professional behaviour in the work place.

This includes issues such as appropriate dress standards, attendance requirements, your obligations regarding occupational health and safety issues, and how you should relate to both the public and colleagues. It will present to you an explanation of why it is required, to whom it applies and the consequences of any breaches of the Code. Other topics covered include the use and release of information, financial probity and accountability, outside employment and what should you do once you leave VLA.

It is intended that the Code of Conduct not only provide you with a useful reference to what VLA expects from you, but it will also assist in preventing you from becoming involved in a situation which could potentially jeopardise your professional judgement. You are encouraged to become familiar with this Code, as a breach of conduct may result in disciplinary action being taken. Abiding by this Code is another stop towards ensuring that VLA provides the highest standard of service to our clients in the most professional and cost effective manner.

2. Conduct principles

2.1 Impartiality: Making decisions objectively

Treat all people fairly. Base actions, decisions and advice on a consideration of all relevant facts, and implement Victoria Legal Aid policy and procedures equitably.

2.2 Integrity: Earning and sustaining public trust

Maintain public trust by acting in the public interest, avoiding real or apparent conflicts of interest and reporting any unethical behaviour at work.

2.3 Accountability: Taking responsibility for results

Achieve results through the best use of Victoria Legal Aid’s financial, physical and human resources. Work to clear objectives in a transparent manner.

2.4 Responsive Service: Demonstrating a spirit of service

Provide a relevant and timely service to internal and external clients. Provide information to which a client is entitled, promptly and in an easily understood form. Make sure it is accurate, current and complete. Value the views of clients and use these views to improve service quality.

3. Employment principles

3.1 Merit: Choosing people for the right reasons

Select the applicant who best meets the requirements of the role. Establish and follow selection processes that support genuine contestability and the identification and objective comparison of all relevant applicant information.

3.2 Fair and reasonable treatment: Respecting and balancing people’s needs

Manage employees in a consistent manner that shows respect for human dignity and worth, and provides an environment free of intimidation and bullying. Take account of individual differences within the context of operational needs.

3.3 Equal Employment Opportunity: Providing a fair go for all

Aim to employ a workforce that reflects the diversity of the community by making employment decisions that are free of extraneous considerations such as age, gender, ethnicity, seniority or affiliation and by providing a workplace that is free from discrimination and harassment.

3.4 Avenue of redress: Resolving issues fairly

Provide readily accessible grievance and dispute resolution procedures that ensure fairness and give confidence that appropriate action with be taken where a problem is identified. Protect employees from negative consequences as a result of accessing formal redress processes.

4. General

4.1 Why a Code of Conduct?

This Code of Conduct sets the standards expected of us all within Victoria Legal Aid. It is designed to help you understand your responsibilities and obligations, and provide guidance if you are faced with an ethical dilemma or conflict of interest in your work. This Code of Conduct is aligned with the Code of Conduct for the Victorian Public Sector issued by the Commissioner for Public Employment which builds on the employment and conduct principles contained in the Public Sector Management and Employment Act 1998 (s.8(I)). Those principles are binding on all Victorian public sector employees.

4.2 To whom does the Code apply?

The Code of Conduct is applicable to all Victoria Legal Aid employees. Familiarise yourself with the Code and observe its provisions.

4.3 What if the Code is breached?

The Code of Conduct is available to everyone, so that we all know the standards expected of us. We therefore hope the Code will not be breached. Employees who breach the standards of conduct detailed in this Code may face disciplinary action.

A code of conduct cannot cover every situation. If you are unsure of the appropriate action to take in a particular situation, discuss the matter with your colleagues, manager or Divisional Manager. It may also be useful to refer to the VLA Certified Agreement, VLA Award, organisational policy documents and any applicable professional code of practice (e.g. for legal practitioners, CPAs etc) for further information.

4.4 What if I see breaches of the Code?

If you believe that another person is breaching the Victoria Legal Aid’s standards of conduct, you can discuss that other person’s behaviour without risk of reprisal with your immediate manager, or communicate your concerns to your Divisional Manager or the Managing Director.

5. Personal and professional behaviour

5.1 How should I serve the public?

Treat all people with whom you have contact in the course of your work fairly, and with courtesy and sensitivity. Act with propriety and be able to demonstrate this in relation to any advice or service you give. You must be able to justify any decisions you make. Strive to attain value for public money, and avoid waste and extravagance in the use of Victoria Legal Aid resources. If possible, identify improvements to administrative systems and procedures to achieve optimal effectiveness, efficiency and responsiveness. Clients’ expectations change. Seek their feedback on the services you provide and listen and respond to their concerns. Explain their entitlements to them clearly and simply, and be reasonable yet also consistent in the application of rules and processes.

5.2 How should I interact with colleagues?

Work cooperatively with colleagues, support and learn from each other and accept differences in personal style. Respect, and seek when necessary, the professional opinions of colleagues in their area of competence, and acknowledge their contribution.

5.3 How should I handle official resources?

Use Victoria Legal Aid facilities and other resources, including computers, email, internet access and mobile phones for their proper purpose and maintain equipment properly. Victoria Legal Aid retains the copyright of work produced by you during your employment. You retain the copyright of the work only if approved by your Divisional Manager, or if you can demonstrate that you did not use Victoria Legal Aid’s time, name, information or resources in producing the work.

5.4 What attendance requirements are expected of me?

You shall ensure a quality client service delivery is achieved through attendance within the office during business hours. Employees must be punctual and reliable in their attendance. You are required to attend Victoria Legal Aid offices during business hours unless required to leave the office for business purposes or otherwise by arrangement with your Divisional Manager or manager.

Before leaving the office, you must advise your manager or another appropriate employee in your work area of the business that takes you out of the office and your expected time of return. If you anticipate being absent from employment on recreational leave, compassionate leave or for another cause, you shall request approval from your manager in advance through the employee self service process available on the intranet, or manually where this is not possible. In the case of sick leave or other unplanned/unavoidable absence you must advise your manager as soon as possible on the first day of absence and complete a leave application, including required documentation, immediately upon your return to work.

5.5 How should I present for work?

You are required to maintain personal hygiene and present yourself in neat and professional appearance to fellow Victoria Legal Aid officers and clients.

5.6 What client service delivery is expected of me?

You will provide quality service and value to our clients in a courteous and professional manner. Information and advice provided will be timely, accurate and readily understood.

During business hours you will provide a quality service by ensuring the office is appropriately staffed at all times.

Answering of telephones will occur in a prompt and courteous manner. All of our clients are clients of Victoria Legal Aid, not of individual practitioners employed by this organisation.

It is a breach of a lawyer’s responsibilities to this organisation to seek to transfer a client’s business or files to another organisation while employed by Victoria Legal Aid. If a transfer of files is required in accordance with VLA guidelines, approval should be sought from the relevant manager and the relevant Grants officer consulted.

If, after a lawyer leaves Victoria Legal Aid’s employ, a client wishes to transfer his or her matter to that lawyer, Victoria Legal Aid will comply with that client’s appropriate written instructions at that time, although the transfer may result in the termination of the grant of assistance.

At times employing a contractor will be the best option for delivering a service. In selecting a contractor ensure that you conform with purchasing principles including value for money, open and fair competition, accountability, risk management, probity and transparency.

Ensure that contractors are aware of the required standards of conduct and monitor their performance against these standards, the needs of the community and wider policy objectives.

5.7 What is my obligation regarding occupational health and safety issues?

Observe relevant occupational health and safety requirements, and act to remove or bring to the attention of your manager any situation that is, or may be, a health or safety hazard.

5.8 Can I consume alcohol or use drugs at work?

Alcohol, drugs or other substances must not adversely affect your work performance or official conduct. This includes behaviour at official functions where alcohol is served.

5.9 What should I do if I am charged with a criminal offence?

Any criminal offence of which you have been found guilty either prior to commencing, or during your Victoria Legal Aid employment, except where the offence is covered by a prescribed spent convictions scheme, must be reported to the Managing Director. If you are charged with any criminal offence punishable by imprisonment, or which would significantly affect your ability to perform your work (e.g. a drink driving charge if you are required to drive as part of your work) immediately advise the Managing Director.

5.10 Who is protected against discrimination?

Victorian and Commonwealth Equal Employment Opportunity and anti-discrimination legislation protect people from discrimination on the grounds of their sex; gender identity; sexual orientation; lawful sexual activity; marital, parental or carer status; pregnancy; breastfeeding; age; physical features; impairment; race; political or religious belief or activity; and industrial activity.

You must not discriminate against, harass or bully anyone, particularly those people over whom you have authority or those who are vulnerable. Material that is fraudulent, harassing, embarrassing, sexual explicit, profane, obscene, intimidating, defamatory or otherwise unlawful or inappropriate must not be sent by email or other forms of electronic communication or displayed or stored on computer.

5.11 How should I serve Government?

You have a principal responsibility to implement and administer the policies and programs of the Government of the day. You may hold views on particular matters that differ from those of the elected Government, but such views must not interfere with the performance of your Victoria Legal Aid duties. Provide a responsive service to the elected Government regardless of which political party or parties are in office. Act in the interests of the Victorian public sector rather than for the benefit of sectional interests.

In your capacity as a Victoria Legal Aid employee it is inappropriate to:

• Provide government monies to political parties. This includes direct or indirect donations, purchasing of tables at political fundraising events, or contributions in kind;
• Attend party political functions, including fundraising events, or to attend such functions in cases where it is reasonable to assume that you are attending in that capacity; or 
• Accept gifts or favours in the form of invitations to functions, including political fundraising events, as the guest of another organisation or individual.

We should be proud of conducting ourselves at all times in an ethical manner. We have a personal obligation to maintain the highest standards of honesty and integrity in performance of our duties. Employees should deal courteously, fairly and honestly with each other, clients and stakeholders.

5.12 How should I manage staff?

Provide a safe, encouraging and supportive work environment that recognises and values staff diversity, abilities and contributions. Give staff a clear sense of purpose, and model the behaviours you expect of them.

Set realistic goals, timelines and workloads, and provide adequate resources to complete work. Trust staff to manage their work autonomously but also provide support as needed. Address any performance issues directly and confidentially with the staff member concerned. Treat staff fairly and consistently when making selection decisions, allocating meaningful work, assessing performance and providing development opportunities. Consult genuinely with them on any proposed changes to the workplace that affect them and adhere to industrial and legal obligations.

Understand and respond to staff’s legitimate needs and concerns. Encourage work arrangements that enable them to achieve a work-life balance.

5.13 How should I report unethical behaviour?

Comply promptly with all lawful and reasonable directions you are given. If you have grounds for complaint arising out of such directions, whether ethical or otherwise, you should discuss and attempt to resolve the matter with your manager. If you are still dissatisfied you may lodge a grievance to have the matter resolved. You must continue to carry out any lawful and reasonable directions that you may be given until the matter is resolved.

Report any unethical behaviour or wrongdoing by any other employee to an appropriate manager. This may include behaviour that you believe violates any law, rule or regulation or represents corrupt conduct, substantial mismanagement of public resources, or is a danger to public health or safety or to the environment. Such reporting is sometimes called ‘whistleblowing’ and is facilitated under whistleblower protection legislation.

You will protected against reprisals for reporting unethical behaviour or wrongdoing providing that your claim is based on a reasonable belief and you have reported the matter to the appropriate person. This may be the Managing Director, your manager, or the internal auditor - who has been given responsibility for receiving such disclosures. This person is identified in VLA policy. You may also make a disclosure of public sector wrongdoing to the Ombudsman.

6. Conflict of interest

6.1 How can I avoid conflicts of interest?

Sometimes you may find that your personal interests make it difficult for you to perform your duties impartially in the public interest. This may happen where there is a reasonable perception that you, your family or close associates could benefit personally from decisions that you take at work. However, where a conflict of interests occurs it should always be resolved in favour of the public interest rather than your own.

A declaration of private interests is required of the Managing Director, Divisional Managers, any employees holding a financial delegation in excess of $20,000 and any other employee occupying a position assessed by the Managing Director as warranting a declaration on the basis of potential conflict of interest.

Disclose potential conflicts of interest to management when dealing in the course of official duties with relatives, close friends or business acquaintances.

It is not possible to define all potential areas of conflict of interest and if you are in doubt as to whether a conflict exists, raise this with the appropriate manager. In some circumstances, the appearance of a conflict of interest could itself jeopardise your public integrity. You are required to declare to the management of Victoria Legal Aid, any conflict that arises or is likely to arise. You should stand down in any decision making process where you may be compromised.

6.2 Can I accept gifts and favours?

Victoria Legal Aid employees should not seek or accept favours, gifts or inappropriate hospitality for services performed in connection with their duties. Inappropriate hospitality means hospitality which could reasonably be seen by an outside observer as designed to influence a VLA staff member to make decisions or exercise discretion in the course of his or her employment which favour the person offering the hospitality. Should you require clarification as to whether hospitality is “inappropriate” in any particular instance, you should consult your Divisional Manager.

Neither employees nor their families should accept gifts relating to or arising from employment at Victoria Legal Aid. Included in this category are gifts in kind, such as free accommodation or travel or entertainment vouchers for your or members of your family. The general principle to be followed is that you should not seek or accept favours, gifts or inappropriate hospitality from anyone who could benefit by influencing you.

Immediately, report to the Managing Director any circumstances where an offer of a benefit or gift is made, regardless of whether it is accepted or not, if you feel that such circumstances involve an attempt to induce favoured treatment.

Where a gift is given without your prior knowledge or consent or where a gift is given as token of goodwill to Victoria Legal Aid, inform the Managing Director or your Divisional Manager as soon as possible.

Token gifts in the nature of souvenirs, mementoes or symbolic items of low material value may be accepted in circumstances approved by the Managing Director, or your Divisional Manager.

6.3 How can I prevent patronage or favouritism?

You must not use your position to obtain a private benefit for someone else. Family or other personal relationships must not improperly influence your decisions.

7. Use and release of information

7.1 Can I make public comment?

Public comment includes public speaking engagements, comments on radio and television and expressing views in letters to the newspapers or in books, journals, the internet or other notices where it might be expected that the publication or circulation of the comment will spread to the community at large.

As a member of the community, you have the right to make public comment and enter into public debate on political and social issues. However, Section 95(1) of the Victorian Constitution Act 1975 prevents you from making public comment on the administration of any State department.

There are additional circumstances in which public comment is inappropriate, unless specifically authorised by the Managing Director. These include circumstances where:

• the implication that the public comment, although made in a private capacity, is in some way an official comment on Government policy or programs, and 
• you are directly involved in advising or directing the implementation or administration of Government policy, and the public comment would compromise your ability to do so.

As a general policy, media comments made by VLA are to be made by the Managing Director.

7.2 How should I handle official information?

You must not use or communicate official information for other than official purposes without permission of the Managing Director (except where such information has already been made available officially to the public). This includes leaking information to the media. You must not take improper advantage of any information, including commercially sensitive information, gained in the course of your employment. You may disclose official information that is normally given to members of the public seeking that information. If releasing information under the Victorian Freedom of Information Act 1982, you are protected against legal action under Sections 62 and 63 of that Act. Should you have any concerns please refer to the Freedom of Information Officer. Only disclose other official information or documents acquired in the course of your employment when required to do so by law, in the course of duty, when called to give evidence in court, or where proper authority has been given. In such cases your comments should be confined to factual information and should not express opinion on official policy or practice. Act and advise with honesty and integrity in all aspects of your official duties. If you believe an aspect of government policy or administration may have unforeseen consequences or otherwise requires review, then bring it to the attention of your manager.

7.3 How should I give information and evidence to Victorian Parliamentary Committees?

Information sought by Parliamentary Committees should be provided unless the Attorney-General certifies that disclosure would be prejudicial to the public interest. Official witnesses should be cooperative and frank when giving factual information. On matters of Government business, you may appear before Parliamentary Committees as a representative of a Minister. You are not therefore expected to answer questions:

• seeking your personal views on Government policy
• seeking details of matters considered in relation to a Ministerial or Government decision or possible decision, unless those details have already been made public or the giving of evidence on them has been approved; or
• which would require a personal judgement on the policies or policy options of the Victorian or other Governments.

If you are directed to answer a question falling within the coverage of categories listed above, seek a deferral until you can discuss the matter with the Attorney-General or Managing Director as appropriate. Alternatively, you can request that the answer to the particular question be reserved for submission in writing.

7.4 How should I treat personal information?

You may have access to personal information relating to other employees, applicants for legal assistance or members of the public. This information will have been provided to Victoria Legal Aid on the understanding it will only be used for a specific purpose and will remain confidential. You must store this information securely and not disclose it to any persons except in the course of your official duties.

Respect privacy and become familiar with the Information Privacy Principles in the Information Privacy Act 2000. Collect, use and disclose only personal information that is necessary for the performance of your work or required by law. For sensitive information such as racial or ethnic origin, political views, religious beliefs, sexual preferences or criminal record, first seek the consent of the individuals concerned. Make sure that the information is accurate, complete and up to date.

Take reasonable steps to protect personal information from misuse and loss, and from unauthorised access, modification or disclosure. Advise people that they have a right to access their personal information and seek corrections to it.

7.5 Can I participate in seminars and related activities?

You must obtain the prior approval of the Managing Director before addressing or chairing professional conferences or seminars, or other public events in your official capacity. Be professional, apolitical and objective.

Pay any fee received for any public engagement undertaken in your professional capacity to Victoria Legal Aid, unless you are specifically exempted in writing from this requirement by the Managing Director.

VLA may support your appointment to a Commonwealth or other Board as an extension of your role in the Victorian public sector. Pay any Board fees received to VLA.

7.6 What happens if I attend court?

You may be summonsed, subpoenaed or called as a witness or juror at a court of law or any legally constituted inquiry. Immediately advise your manger and, unless otherwise exempted, attend the court or inquiry as specified.

If attending in an official capacity under a subpoena or order, to give evidence or to produce papers in court, you are required to pay any fees received to Victoria Legal Aid. Provide an account and vouchers of all necessary expenses, if any, incurred in the performance of such duty to your manager.

8. Financial probity and accountability

8.1 How should I handle financial matters?

Ensure that in financial matters, including the handling of monies, there is full accountability in relation to any advice or transaction in which you may be involved. If you have financial responsibilities, observe the principles of the relevant financial management legislation. You must not destroy business documents and records that are required by law to be maintained for a statutory period, nor must any records be falsified or manipulated. You must not engage in any unethical or improper payment practices either to obtain business or personal gain.

9. Outside employment

9.1 Can I also work outside Victoria Legal Aid?

You should not engage in outside employment or in conduct of a business, trade or profession without written authority from your Divisional Manager. Consideration of requests to engage in outside employment would be concerned to establish whether the outside employment would interfere with the proper performance of your official duties and whether it would give rise to a conflict of interest.

10. Exiting Victoria Legal Aid

10.1 What should I do once I leave Victoria Legal Aid?

Once you have left Victoria Legal Aid for other employment you should not use confidential information obtained during your employment to advantage your prospective employer or disadvantage Victoria Legal Aid in commercial or other relationships with your prospective employer. You must never disclose private information about your former VLA colleagues, applicants for legal assistance or members of the public, obtained during your employment with Victoria Legal Aid.

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