Download Code of conduct - National Health Practitioner Ombudsman

Code of Conduct
National Health Practitioner Ombudsman and Privacy Commissioner
National Health Practitioner Ombudsman and Privacy Commissioner code of conduct
Background
The Health Practitioner Regulation National Law, as in force in participating States and Territories, establishes a
national registration and accreditation scheme for health practitioners in 14 professions.
For the purpose of implementing this scheme, the National Law establishes the Australian Health Practitioner
Regulation Agency (AHPRA), the AHPRA Management Committee, the Australian Health Workforce Advisory
Council, and 14 National Health Practitioner Boards. The 14 National Health Practitioner Boards are:
• Aboriginal and Torres Strait Islander Health Practice Board of Australia
• Chinese Medicine Board of Australia
• Chiropractic Board of Australia
• Dental Board of Australia
• Medical Board of Australia
• Medical Radiation Practice Board of Australia
• Nursing and Midwifery Board of Australia
• Occupational Therapy Board of Australia
• Optometry Board of Australia
• Osteopathy Board of Australia
• Pharmacy Board of Australia
• Physiotherapy Board of Australia
• Podiatry Board of Australia
• Psychology Board of Australia.
The role of the National Health Practitioner Ombudsman and Privacy Commissioner is to provide ombudsman,
privacy and freedom of information oversight of these entities, particularly AHPRA and the National Health
Practitioner Boards. In order to fulfil these functions, the National Law confers specified jurisdiction on the National
Health Practitioner Ombudsman and Privacy Commissioner that is derived from the Ombudsman Act 1976 (Cwlth),
the Privacy Act 1988 (Cwlth), and the Freedom of Information Act 1982 (Cwlth). These Acts are modified by the
Health Practitioner Regulation National Law Regulation (No. 42/2010) to make them suitable for the national
regulatory scheme.
Purpose
The Code of Conduct outlines the standard of behaviour expected by all staff of the National Health Practitioner
Ombudsman and Privacy Commissioner.
This Code seeks to provide guidance to staff in relation to the expectation that their work will be completed
impartially, with integrity and in a professional manner.
This policy also seeks to provide the public with a better understanding of the office of the National Health
Practitioner Ombudsman and Privacy Commissioner’s values to promote public confidence and trust in the office.
Scope
This Code of Conduct applies to the National Health Practitioner Ombudsman and Privacy Commissioner and all
staff of the office, whether employed by way of appointment, secondment, contract, temporary arrangement, a feefor-service basis, as a work-experience student, or as a volunteer.
This Code applies at all times that the National Health Practitioner Ombudsman and Privacy Commissioner and staff
are performing official duties, including when representing the office at conferences, training events, on business
trips or attending work-related social events.
Level 22, 50 Lonsdale Street, Melbourne Victoria 3000 | t: 1300 795 265 | e: [email protected] | w: www.nhpopc.gov.au
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National Health Practitioner Ombudsman and Privacy Commissioner code of conduct
If an employee is on secondment, the Code of Conduct of the secondment body will apply.
Legislative and policy framework
The National Health Practitioner Ombudsman and Privacy Commissioner and all staff must comply with the
requirements of the Ombudsman Act 1976 (Cwlth), the Privacy Act 1988 (Cwlth), and the Freedom of Information
Act 1982 (Cwlth), as modified by the Health Practitioner Regulation National Law Regulation (No. 42/2010).
The office of the National Health Practitioner Ombudsman and Privacy Commissioner is hosted by the Victorian
Department of Health and Human Services. As such, all employees are Victorian public sector staff (excluding the
Ombudsman and Privacy Commissioner, who is an independent statutory officer), and are therefore bound by the
Code of Conduct for Victorian Public Sector Employees.
Staff of the National Health Practitioner Ombudsman and Privacy Commissioner must act in accordance with all
office policies, directions and delegations.
Professional conduct
Staff of the National Health Practitioner Ombudsman and Privacy Commissioner are expected to act in accordance
with the office’s values and principles.
The values of the office are:
• independence, by acting independently and in the interest of public health and safety
• integrity, by being open, honest and transparent in actions and decisions, and by acting lawfully and ethically with
good judgement
• impartiality, by acting neither as an advocate for complainants nor the entities complained of, and by investigating
complaints thoroughly and fairly
• professionalism, by maintaining high professional standards when delivering services and treating all people
equitably, with dignity and respect
• excellence, by providing the best possible service.
In regards to the principles of the office, the office seeks to be:
• accessible, by being responsive and adapting approaches to meet people’s individual needs
• accountable, by keeping involved parties informed about actions and outcomes through regular communication
and by publishing information about performance in an annual report
• collaborative, by understanding the importance of good relationships and communication
• outcome-focused, by focusing on providing practical and meaningful outcomes to complainants.
Staff are also expected to also be familiar with the Code of Conduct for Victoria Public Sector employees, and should
act in accordance with the Victorian Public Sector values, including:
• responsiveness
• integrity
• impartiality
• accountability
• respect
• leadership
• commitment to human rights.
Staff are expected to promptly report any operational problem or difficulty relevant to compliance with the office’s
values and principles to the National Health Practitioner Ombudsman and Privacy Commissioner.
Level 22, 50 Lonsdale Street, Melbourne Victoria 3000 | t: 1300 795 265 | e: [email protected] | w: www.nhpopc.gov.au 3
National Health Practitioner Ombudsman and Privacy Commissioner code of conduct
Discrimination and harassment
All staff are responsible for ensuring that the workplace is free from all forms of harassment and discrimination,
including on the grounds of race, sex, age, sexuality, disability, political beliefs or religious conviction.
The office of the National Health Practitioner Ombudsman and Privacy Commissioner applies the principles of equal
employment opportunity.
Drugs and alcohol
Staff are responsible for ensuring that their capacity to perform their duties is not impaired by the use of alcohol or
drugs (including prescription drugs), or that the use of such substances does not put any person’s health or safety at
risk.
Staff must:
• not attend work under the influence of alcohol, illegal drugs or non-prescribed and/or restricted substances
• not have illegal drugs in their possession at work
• notify the National Health Practitioner Ombudsman and Privacy Commissioner if they are aware that their work
performance or conduct could be affected as a result of taking a prescribed drug
• immediately inform the National Health Practitioner Ombudsman and Privacy Commissioner if they are concerned
about a colleague who could be affected by drugs or alcohol at work.
Dress and appearance
Staff must ensure that their dress and appearance is appropriate to their duties. Staff must:
• maintain a clean, neat and tidy appearance
• dress to a standard appropriate to their duties, which may vary according to the type and place of duties, who
staff are dealing with, local climate and community standards
• not wear clothing that contains or displays political material or slogans that colleagues or persons who come in
contact with the office may find offensive, or that compromise the apolitical nature of the office.
Conflicts of interest
A conflict of interest exists when there is a conflict between a public duty and a private interest. Conflicts of interest
may arise when:
• there is a direct conflict between a staff member’s duties and responsibilities and that person’s private interests
(an actual conflict of interest)
• a person could reasonably perceive that a staff member’s private interests are likely to improperly influence the
performance of that person’s official duties (a reasonably perceived conflict of interest)
• a staff member’s private interests could conflict with that person’s official duties in the future (a potential conflict of
interest).
To maintain the integrity of the office, all conflicts of interest must be disclosed to the National Health Practitioner
Ombudsman and Privacy Commissioner. Disclosure must be full and frank, even in situations where a staff member
has doubt regarding whether there is a true need to disclose a conflict of interest (particularly a reasonably perceived
or potential conflict of interest).
The National Health Practitioner Ombudsman and Privacy Commissioner may determine that a staff member should
be disqualified from having any involvement in particular matters due to an actual, reasonably perceived or potential
conflict of interest.
Level 22, 50 Lonsdale Street, Melbourne Victoria 3000 | t: 1300 795 265 | e: [email protected] | w: www.nhpopc.gov.au 4
National Health Practitioner Ombudsman and Privacy Commissioner code of conduct
All disclosures will be recorded in writing by the National Health Practitioner Ombudsman and Privacy
Commissioner.
Confidential information
The Ombudsman Act 1976 (Cwlth) provides the National Health Practitioner Ombudsman and Privacy
Commissioner with extensive information gathering powers. Section 35 of the Act, however, has the effect that the
National Health Practitioner Ombudsman and Privacy Commissioner, and all employees of and third parties (such as
consultants and contractors) who are engaged to carry out work on behalf of the National Health Practitioner
Ombudsman and Privacy Commissioner, must not record or divulge information acquired in the performance of their
duties except:
• where that information was acquired in the performance of their duties and is recorded or divulged for purposes
connected with the exercise of powers and the performance of functions of the National Health Practitioner
Ombudsman and Privacy Commissioner; or
• where consent is given by the person or entity that provided the information.
In order to perform statutory functions and exercise powers under the Ombudsman Act, staff of the National Health
Practitioner Ombudsman and Privacy Commissioner may collect, record and use personal information. Staff are
expected to comply with the office’s privacy policy.
Public comment on the work of the office
Consistent with the Code of Conduct for Victorian Public Sector Employees, staff are permitted to only make public
comment when specifically authorised to do so in relation to their duties, a public sector body, or government policies
and programs.
As a general principle, staff of the National Health Practitioner Ombudsman and Privacy Commissioner will not
publicly comment on individual complaint cases, due to the need to protect the privacy of the individuals concerned.
Staff should refer to the National Health Practitioner Ombudsman and Privacy Commissioner’s media policy for
further information regarding their obligations in relation to making public comments about the work of the office of
the National Health Practitioner Ombudsman and Privacy Commissioner.
Use of social media
All staff of the National Health Practitioner Ombudsman and Privacy Commissioner are personally responsible for
any content they post online using social media sites or other electronic communications. Staff should refer to the
National Health Practitioner Ombudsman and Privacy Commissioner’s media policy for further information regarding
their obligations in relation to the use of social media for official use and in a private capacity.
Security
Staff of the National Health Practitioner Ombudsman and Privacy Commissioner must take all necessary and
appropriate steps to maintain the security of the office, any access cards or keys that have been issued to staff, and
any passwords. Staff are also responsible for the security of any file (whether it is a complaint file or an
administrative file) that is in their care.
Level 22, 50 Lonsdale Street, Melbourne Victoria 3000 | t: 1300 795 265 | e: [email protected] | w: www.nhpopc.gov.au 5
National Health Practitioner Ombudsman and Privacy Commissioner code of conduct
Acceptance of gifts or benefits
Staff of the National Health Practitioner Ombudsman and Privacy Commissioner must not accept any gift or benefit
that could be reasonably perceived by a member of the public as intended to make, or likely to cause, a staff
member to carry out their job in a particular way or to deviate from usual practices.
Staff members must always decline offers from individuals or organisations that are complainants to the office or that
staff know are the subject of an investigation by the office.
Using or declaring a position as a staff member of the National Health Practitioner Ombudsman and Privacy
Commissioner in order to gain, or attempt to gain, a personal advantage in any non-work related interaction with any
person or organisation is unacceptable.
Staff are urged to report suspected corrupt conduct in the public sector to the appropriate body as outlined in the
relevant state/territory/commonwealth public interest disclosure legislation.
Outside employment
Staff of the National Health Practitioner Ombudsman and Privacy Commissioner must not engage in any outside
employment or remuneration that would conflict or compromise their duties as an officer of the National Health
Practitioner Ombudsman and Privacy Commissioner.
Staff of the National Health Practitioner Ombudsman and Privacy Commissioner may, however, engage in unpaid
voluntary work which does not conflict with their work in the office. If there is any doubt in regards to potential
conflicts of interest, staff should discuss the matter with the National Health Practitioner Ombudsman and Privacy
Commissioner.
Post-separation employment
Staff of the National Health Practitioner Ombudsman and Privacy Commission must not allow themselves or their
work to be influenced by plans for, or offers of, employment outside the office.
Former staff of the National Health Practitioner Ombudsman and Privacy Commissioner must not use, or take
advantage of, confidential information obtained during the course of their official duties for any purpose. The strict
obligation to observe the confidentiality of any information received in the performance of duties at the office of the
National Health Practitioner Ombudsman and Privacy Commissioner does not lapse on the cessation of employment
with the office of the National Health Practitioner Ombudsman and Privacy Commissioner.
All staff should exercise caution when dealing with former staff of the National Health Practitioner Ombudsman and
Privacy Commissioner to ensure they do not give them, or appear to give them, favourable treatment or access to
confidential information.
Compliance
All staff of the office of the National Health Practitioner Ombudsman and Privacy Commissioner have a personal
responsibility to ensure that their conduct and actions comply with the provisions of this Code of Conduct. Staff must
be familiar with the contents of this Code.
The National Health Practitioner Ombudsman and Privacy Commissioner has overall responsibility for ensuring that
all employees of and third parties who are engaged to carry out work on behalf of the National Health Practitioner
Ombudsman and Privacy Commissioner act in accordance with this Code.
Non-compliance with this Code may constitute a breach of employment or contractual obligations, misconduct,
sexual harassment, discrimination, or some other contravention of the law. Employees of or third parties who are
engaged to carry out work on behalf of the National Health Practitioner Ombudsman and Privacy Commissioner may
Level 22, 50 Lonsdale Street, Melbourne Victoria 3000 | t: 1300 795 265 | e: [email protected] | w: www.nhpopc.gov.au 6
National Health Practitioner Ombudsman and Privacy Commissioner code of conduct
face disciplinary action, including possible termination of their employment or engagement, as a consequence of
failing to comply with this Code.
If an employee of or a third party who is engaged to carry out work on behalf of the National Health Practitioner
Ombudsman and Privacy Commissioner forms the opinion that this Code may have been breached, that person
must alert the National Health Practitioner Ombudsman and Privacy Commissioner of this opinion as a matter of
urgency. Any such reports will be managed in accordance with the principles of natural justice and with strict
confidentiality.
If a person who comes in contact with the office of the National Health Practitioner Ombudsman and Privacy
Commissioner is dissatisfied with the conduct of a member of staff, a complaint can be made in writing to the
National Health Practitioner Ombudsman and Privacy Commissioner via [email protected].
Policy review
The Ombudsman and Privacy Commissioner will review this code of conduct annually by 31 January.
Date introduced
20 April 2016
Date(s) modified
N/A
Next schedule review date
31 January 2017
Level 22, 50 Lonsdale Street, Melbourne Victoria 3000 | t: 1300 795 265 | e: [email protected] | w: www.nhpopc.gov.au 7
National Health Practitioner Ombudsman and Privacy Commissioner code of conduct
Employee Acknowledgement
I acknowledge that I have read the National Health Practitioner Ombudsman and Privacy Commissioner’s Code of
Conduct. I agree to abide by the terms of the Code of Conduct and I understand that it is my responsibility to ensure
that my conduct and actions comply with the provisions of the Code.
I acknowledge that the Code of Conduct may be amended from time to time and I agree that I will abide by the terms
of any amendment. I understand that it is my responsibility to read any amendment to the Code and to promptly raise
any concerns I have regarding any amendment with the National Health Practitioner Ombudsman and Privacy
Commissioner.
Signed:
Employee Name:
Date:
National Health Practitioner Ombudsman and Privacy Commissioner Code of Conduct, version 1.0, April 2016.
Level 22, 50 Lonsdale Street, Melbourne Victoria 3000 | t: 1300 795 265 | e: [email protected] | w: www.nhpopc.gov.au 8