Policy directory

UNIVERSITY CODE OF CONDUCT

Date first approved:

2 June 2000

Date of effect:

2 June 2000

Date last amended:
(refer to Version Control Table)

28 July 2017

Date of Next Review:

28 July 2018

First Approved by:

University Council

Custodian title & e-mail address:

Director, Human Resources Division
personnel_managers@uow.edu.au

Author:

Governance Unit, Governance and Legal Division

Responsible Division & Unit:

Human Resources Division

Supporting documents, procedures & forms:

Alcohol and Drugs in the Workplace Policy
Appointment of Visiting and Honorary Academics Policy

Bullying Prevention Policy

Close Personal Relationships Guidelines

Commercial Research Policy

Conflict of Interest Policy

Corporate Credit Card Policy

Delegations of Authority Policy

Disability Policy–Staff

Employment Equity and Workforce Diversity Policy

Fraud and Corruption Policy

Grievance Policy

Guidelines on the Use and Management of Alcohol at University Functions

IP Intellectual Property Policy
and accompanying IP policy framework
IT Acceptable Use Policy

Inclusive Language Guidelines

Indigenous Employment Strategy

WHS Management Plan
and associated procedures
Philanthropic Fundraising, Gift Acceptance and Recognition Policy

Privacy Information Sheet – General

Privacy Policy

Procedures for Investigating Grievances

Production of Marketing Materials Procedure

Professional Staff Misconduct Guidelines

Purchasing and Procurement Policy

Records Management Policy

Respect for Diversity Policy

Secondary Employment Policy

Sexual Harassment Prevention Policy

Social Media Guidelines

Social Media Policy

Telephone and Mobile Use Policy

Travel and Entertainment Policy

Travel Policy Relating to Motor Vehicle Use

UOW Workplace Health and Safety website

UOW Public Interest Disclosures website

Use of University Name in Public Statements Policy

Workplace Health and Safety Policy

Relevant Legislation &

External Documents:

Anti-Discrimination Act 1977 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)

Child Protection (Working with Children) Act 2012 (NSW)

Disability Discrimination Act 1992 (Commonwealth)

Fair Work Act (Commonwealth) 2009

Government Information (Public Access) Act 2009 (NSW)

Health Records and Information Privacy Act 2002 (NSW)

Independent Commission Against Corruption Act 1988 (NSW)

Industrial Relations Act 1996 (NSW)

Australian Privacy Principles (2014)

Ombudsman Act 1974 (NSW)

Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Commonwealth)

Privacy and Personal Information Protection Act 1998 (NSW)

Public Finance and Audit Act 1983 (NSW)

Public Interest Disclosures Act 1994 (NSW)

Public Interest Disclosures Guidelines (NSW Ombudsman’s Office)

Racial Discrimination Act 1975 (Commonwealth)

Racial Hatred Act 1995 (Commonwealth)

Sex Discrimination Act 1984 (Commonwealth)

State Records Act 1998 (NSW)

Work Health and Safety Act 2011 (NSW)

Work Health and Safety Regulation 2011 (NSW)

Working with Children Checks (Office of the Children’s Guardian, NSW Government website)

Workplace Gender Equality Act 2012 (Commonwealth)

Audience:

Public

Contents

1 Introduction

  • 1. As the University of Wollongong pursues its Mission to be a global leader in discovery and learning, working to transform people and the world in which we live, it will encourage:

    a. Intellectual openness, collegiality and connectivity;

    b. Mutual respect and the promotion of equity and social justice;

    c. Working towards reconciliation and the success of our Aboriginal and Torres Strait Islander communities;

    d. Recognition and celebration of initiative and enterprise, and agility in decision-making;

    e. Staff and students who are recognised and appreciated for their contributions; and

    f. A workforce with strong performance expectations.

  • 2. This Code of Conduct is consistent with the University’s vision, mission and principles as defined in its strategic planning documents.

2 Purpose of Policy

  • 1. The University is accountable to its staff, students, the public and to government. It is in the interests of the University, its staff and affiliates and all other members of the University community to maintain the highest possible ethical standards of accuracy, honesty, cooperation, tolerance and acceptance of obligations as well as rights.
  • 2. The University recognises that its staff are its greatest asset and aims to sustain a staffing culture distinguished by professionalism, enterprise, creativity, inclusiveness and mutual respect. This Code provides a behavioural framework which conveys the obligations and standards of behaviour expected of the University and its staff and affiliates. It also provides guidance in resolving any ethical issues that may arise during the course of duties undertaken by staff and affiliates.

3 Guiding Principles

  • 1. The University follows several guiding principles in pursuit of its objectives. These guiding principles include, most importantly, consideration of and support for the professional development of, and intellectual and cultural needs of, staff and the student body.
  • 2. To this end, staff and affiliates have:

    a. A duty to observe standards of equity and respect when dealing with every member of the University community;

    b. An obligation to protect the reputation of the University and behave responsibly in the stewardship of the University’s reputation and resources; and

    c. An obligation to act appropriately should a conflict of interest arise between their individual interests and their duty to the University.

  • 3. Staff and affiliates are required to remain informed about, act within the spirit of, and comply with the University’s policies and directions, as well as any regulatory requirements of their discipline or profession, and relevant legislation.

4 Application and Scope

  • 1. This Code applies to all staff, agency staff, contractors, affiliates, volunteers and work experience students of the University. It covers all circumstances when staff or affiliates are performing duties for the University, such as work-related functions, travel and conferences, or any circumstances when staff or affiliates are representing the University. This Code stands beside but does not exclude or replace other legally binding obligations including those referred to in ‘References and Legislation’. The University's policy documents provide the framework for this Code.
  • 2. This Code does not apply to students except where they are also staff, agency staff, contractors, affiliates, volunteers and work experience students of the University, and only for those duties the student performs as a staff member or affiliate.
  • 3. This Code does not apply to University Council members, whose conduct is governed by the University Council Handbook and Council Code of Conduct.

    4. This Code does not apply to staff of controlled entities of the University of Wollongong as those organisations are expected to have their own Codes of Conduct.

5 Definitions

Word/Term

Definition (with examples if required)

Affiliates

Includes people holding University of Wollongong Honorary Awards as conferred by the University Council, including the awards of Emeritus Professor, Honorary Doctor and University Fellow; people appointed in accordance with the University’s Appointment of Visiting and Honorary Academics Policy; and people engaged by the University as agency staff, contractors, volunteers and work experience students.

Confidential information

Information that is by its nature confidential, is marked as confidential, is known to be confidential, or which ought to have been known as confidential, including but not limited to personal and health information and information contained in student records and databases, employment contracts and records, commercial and legal agreements.

Conflict of interest

Exists where there is a divergence between the individual interests of a staff member or affiliates and their professional obligation to the University, such that an independent observer might reasonably question whether the professional actions or decisions of that staff member are influenced by their own interests or are for their own benefit.

Conjoint appointment

Appointment of a staff member made by the University in conjunction with another organisation, often underpinned by an agreement between the two organisations.

Corrupt conduct

Deliberate or intentional wrongdoing of staff or affiliates is when they improperly use the knowledge, power or resources of their position for personal gain or the advantage of others, or act dishonestly or unfairly in their position, or conduct themselves in a way that breaches public trust.

Fraud

Includes, theft, criminal deception, making false representations to gain an unjust advantage, abuse of University property or time, and the use of deceit or secrecy to obtain a financial benefit to the detriment of the University.

Gift

An item offered to or received by a staff member, or affiliate, in the context of their University role (not a formal gift to the University) or provided to an external party by a staff member, or affiliate, in the context of their University role, that has:

financial value;

physical form; or

can be considered a favour.

The term includes but is not limited to meals, tickets, bottles of alcohol, chocolates, hospitality, ties or other items of clothing, ornaments, artwork or similar, items of historical or cultural significance, cash or vouchers which can be exchanged for goods.

Health information

As defined in Part 1 of the Health Records and Information Privacy Act 2002 (NSW), information about a person’s physical or mental health or disability, about their express wishes about future health services, about health services provided to a person; information collected to provide a health service; information about donation of body parts by a person; genetic or information predictive of health.

Natural justice

Principles that ensure decision-making is fair and reasonable. These include decision-makers informing people of the case against them or their interests, giving people a right to be heard, decision-makers not having a personal interest in the outcome, and acting only on the basis of logically probative evidence; that is, evidence that tends logically to prove the existence or non-existence of a fact.

Principles of procedural fairness and natural justice are set out in the University’s Grievance Policy.

Personal information

As defined in Part 1 of the Health Records and Information Privacy Act 2002 (NSW), any information or opinion about a person whose identity is apparent or can reasonably be deducted from the information.

Policy documents

University Rules, Standards, Codes, Policies, Procedures and Guidelines

Protected disclosure / public interest disclosure

A disclosure satisfying the applicable requirements of Section 2 of the Public Interest Disclosures Act 1994 (NSW). Simply speaking, this means a disclosure made voluntarily by a public official (such as a staff member or affiliate of the University) internally or to an external investigating authority, that shows or tends to show maladministration, corrupt conduct or a serious and substantial waste of public money

Staff

All people employed by the University including conjoint appointments, whether on continuing, permanent, fixed term, casual or cadet or traineeship basis.

Student

A person registered for a course at the University of Wollongong.

Theft

The dishonest appropriation of the University's property with intent to deprive the University of it.

University resources

University property, both tangible and intangible, including but not limited to, goods, facilities and equipment such as mobile phones and credit cards, IT resources, personal information, health information, confidential information, records, marketing materials, vehicles, stationery and the intellectual property of the University.

6 Standards Required of Staff and Affiliates

Respect, Tolerance and Equitable Treatment

  • 1. The University is committed to ensuring an environment that values people and is conducive to good work and academic outcomes and practices. All members of the University community are entitled to be treated with respect and given equal opportunities regardless of personal, social or cultural characteristics, and have the right to experience a safe work environment free from unfair treatment, discrimination, harassment, victimisation, vilification or bullying.
  • 2. In supporting its commitment to respect, tolerance and equitable treatment, the University developed EO Online, a self-paced, online equal opportunity professional development program. Consisting of two modules, EO Online employs interactive learning techniques and contains many real life examples. Staff are required to complete EO Online on commencement to satisfy probation, and then every two years for the duration of employment.
  • 3. Staff or affiliates who become aware of, or believe they are the recipient of, unfair treatment, discrimination, harassment, victimisation, vilification or bullying should refer their concerns to the appropriate person in accordance with the University’s Grievance Policy.
  • 4. Managers and Heads of Units are required to understand and apply the principles of equal employment opportunity, and to ensure that the employees whom they supervise understand and adhere to these principles and the requirements of the University's Employment Equity and Workforce Diversity Policy, Respect for Diversity Policy, Disability Policy–Staff, Sexual Harassment Prevention Policy, Bullying Prevention Policy and Inclusive Language Guidelines.

Workplace Health and Safety

  • 5. The University is committed to ensuring the health, safety and welfare of its staff and the health and safety of students, visitors and contractors, and strives to foster the development of safety consciousness in all members of the University community. The University has a moral and a legal responsibility to provide a safe and healthy environment in which to study and work.
  • 6. Staff and affiliates must take reasonable care regarding the health, safety and welfare of themselves and others in the University community. Individually and collectively, staff and affiliates have workplace health and safety responsibilities which include:

    a. conducting work in a safe manner and properly using and maintaining machinery and equipment;

    b. following health and safety instructions and taking notice of signs;

    c. participating in safety training and wearing or using safety equipment provided;

    d. informing their supervisor or the University’s Workplace Health and Safety Unit about hazards or other safety matters they become aware of; and

    e. reporting unsafe acts, hazards or incidents which pose a risk to health and safety. Where possible, such reporting should be done via the University’s online reporting system which is available on the Workplace Health and Safety website.

  • 7. Further information on workplace health and safety can be found in the University’s Workplace Health and Safety Policy, and associated procedures, and on the University’s Workplace Health and Safety website.
  • 8. Staff and affiliates should ensure they do not attend work or perform their duties or functions while under the influence of drugs or alcohol. Being affected by alcohol or drugs at work can seriously compromise the health, safety and welfare of all members of the University community, and may also expose the University to legal liability in some circumstances. The University’s Policy on Alcohol and Drugs in the Workplace and Guidelines on the Use and Management of Alcohol set out these obligations in further details.

Working with Children and Young People

  • 9. The University is required to comply with relevant NSW legislation and related instruments including but not limited to: Child Protection (Working with Children) Act 2012 (NSW); Child Protection (Working with Children) Regulation 2013 (NSW); Children and Young Persons (Care and Protection) Act 1998 (NSW); and The Children and Young Persons (Care and Protection) (Child Employment) Regulation 2015 (NSW). The University’s Child Protection Policy sets out the principles and key obligations and requirements related to child protection for University staff and affiliates. While University staff and affiliates working with UOW students under the age of 18 years are exempt from the definition of child-related work under the Child Protection (Working with Children) Act 2012 (NSW), the University recognises that there may be some situations that involve child-related work, for example programs specifically developed for participation by school students and pre-school age children, or research involving children. The University therefore has an obligation to ensure that children under the care and supervision of University staff and affiliates are protected from harm.
  • 10. All staff and affiliates must ensure that children under their care and supervision are protected from harm. Staff and affiliates must be mindful of their position of authority with respect to children and must ensure that their interactions with children are ethical and do not amount to an abuse of that position.
  • 11. The University has a responsibility to ensure staff, affiliates and applicants for positions are suitable for child-related positions. The Child Protection (Working with Children) Act 2012 (NSW) requires that people who work or volunteer in child-related work apply for and hold a Working with Children Check clearance.
  • 12. The approved screening agency for the University is the Office of the Children’s Guardian. An offer of employment by the University for a child-related position will be conditional upon obtaining and maintaining a Working with Children Check clearance. No disqualified person will be retained in or appointed to work in child-related employment within the University, whether in a continuing, fixed term or casual mode of employment.
  • 13. Further information on this matter can be found on the University’s Human Resources Division intranet page and the Office of the Children’s Guardian website.

Confidentiality of Information and Privacy

  • 14. In the course of its business, the University has access to and use of confidential information about students, staff, affiliates and commercial organisations, and is committed to protecting the confidentiality of all such information at all times.
  • 15. Staff and affiliates have an obligation to the University to maintain the confidentiality of confidential information of the University, Staff and affiliates with access to confidential information must therefore maintain strict confidentiality of all such information that comes into their possession.
  • 16. When collecting, using, storing, securing and disclosing personal and health information, staff and affiliates are required to comply with the University’s Privacy Policy and relevant privacy legislation.
  • 17. Further information about the University’s privacy obligations can be found in the University’s Privacy Policy and Privacy Information Sheet – General, the Privacy and Personal Information Protection Act 1998, and the Health Records and Information Privacy Act 2002.

7 University Resources and Reputation

  • 1. The University recognises the need to protect its reputation by maintaining ethical standards, fairness and integrity in all its dealings, avoiding any activity or interest that might reflect unfavourably upon the integrity and reputation of the University.
  • 2. Staff and affiliates should ensure that they present and conduct themselves professionally as appropriate to their role and work context within the University.

Academic Freedom

  • 3. The University is committed to the protection and promotion of intellectual freedom within the University. In the performance of their duties, academic staff have the right to:

    a. pursue critical and open inquiry;

    b. research and publish;

    c. participate in public debates and express opinions, including unpopular or controversial opinions about issues and ideas;

    d. participate in an appropriate form in decision making processes and structures germane to their field of expertise and onus of responsibility within the University;

    e. teach, assess and develop curricula within the processes laid down by the University Council; and

    f. participate in professional and representative bodies, including unions, and engage in community service;

      without fear of harassment, intimidation, bullying, victimisation, vilification or unfair treatment and without using these as a basis for personal attack on others.

Public Comment

  • 4. The University recognises the traditional role of staff and affiliates in making informed comment on societal values, behaviours, customs and practices, in challenging beliefs, practices, policies and structures, and in participating in public debate on issues of professional and public concern. Members of the University community are encouraged to participate in public debate on issues of professional and public concern.
  • 5. Views which are attributed to the University as a corporate body may be expressed to the public only in accordance with the University’s Use of University Name in Public Statements Policy, Delegations of Authority Policy and Social Networking Use Guidelines. When making public comments that are not made as an official representative of the University pursuant to the above policies, staff and affiliates of the University must make it clear that they are expressing individually held opinions that are not necessarily those of the University.

Intellectual Property

  • 6. Staff and affiliates are required to deal with the intellectual property of the University in accordance with the University’s IP Intellectual Property Policy and accompanying IP policy framework.

Travel

  • 7. When conducting business on behalf of the University, staff and affiliates are often required to travel within Australia or overseas, to attend conferences or meetings or to conduct research. At all times during such travel, staff and affiliates are considered ambassadors of the University and are responsible for representing the University community in a positive way.
  • 8. Further information about travelling on behalf of the University can be found in the Travel and Entertainment Policy and Travel Policy relating to Motor Vehicle Use, and staff and affiliates must comply with these policies when organising and conducting such travel.

University Resources

  • 9. Staff and affiliates are responsible for the effective and economical use of University resources and have a duty to care for and safeguard University resources within their possession or control. Limited personal use of University facilities and equipment, which staff or affiliates may use in their daily duties, may be permitted, provided that the use is not excessive, complies with University policies or procedures, does not interfere with the performance of University duties or functions, is not for any commercial activity or pecuniary gain, and in all circumstances is reasonable.
  • 10. When using University facilities and equipment, staff and affiliates must comply with relevant University policy documents and employment agreements. These include but are not limited to the IT Acceptable Use Policy, Mobile Phone Policy, Email Access Policy, and Internet Access Policy.

Financial Transactions and Purchasing

  • 11. During the course of their duties, many staff and affiliates may be involved in financial transactions with or on behalf of the University, such as applying for or authorising petty cash payments, using or authorising payments made by a University credit card, purchasing and procurement of supplies and other items, and applying for and authorising payments to staff members as reimbursement for work-related expenses.
  • 12. To provide guidance on such transactions, the University has in place several policies including the Corporate Credit Card Policy, Purchasing and Procurement Policy, and the Delegations of Authority Policy. Staff members and affiliates involved in financial transactions with the University are strongly encouraged to make themselves aware of the content of the relevant policy, so that they may avoid taking actions that may inadvertently expose themselves to allegations of mishandling, misappropriation or acting without delegation.

Records Management

  • 13. Most of the University’s business activities involve the collection, creation, analysis and dissemination of information. To ensure business continuity and to use information effectively and efficiently, it is essential that adequate records are made of the University’s business activities and that such records be adequately managed.
  • 14. Staff and affiliates are obliged to collect, create, analyse and disseminate information and records in accordance with the University’s Records Management Policy, Records Handling Guidelines and accompanying records management framework.
  • 15. In addition to its records management framework, the University must also comply with its legal responsibilities under the State Records Act 1998 (NSW).

Fraud and Corruption Prevention

  • 16. Staff and affiliates must report to the University any suspicion held on reasonable grounds of theft, fraud, corrupt conduct, or maladministration on the part of any member of the University community, or of serious and substantial waste of University resources.
  • 17. Allegations of theft, fraud, corrupt conduct and/or maladministration may be reported in confidence by:

    a. Staff, to that staff member’s supervisor, relevant Head of School or Business Unit; or

    b. An affiliate, to the relevant Head of School or Business Unit.

    • who will treat the allegation as confidential and conduct an investigation as appropriate.
  • 18. Should a staff member consider it inappropriate to disclose an allegation of theft, fraud, corrupt conduct or maladministration to their supervisor, disclosure may be made directly to the Executive Dean of their Faculty or the Director of their Business Unit or a member of the Senior Executive, or made as a Protected Disclosure. Further information may be found in the University's Fraud and Corruption Prevention Policy.

Public Interest Disclosure

  • 19. Occasionally, a staff member may consider it appropriate to report an allegation of theft, fraud, corrupt conduct and/or maladministration as a protected disclosure. Such disclosures may be made:

    19.1. Internally: to the Vice-Chancellor or the University’s Disclosure Coordinator

    19.2. Externally:

    a. For allegations of maladministration to the NSW Ombudsman,

    b. For allegations of corrupt conduct to the Independent Committee Against Corruption (ICAC), or

    c. For allegations of serious and substantial waste of public money to the NSW Auditor-General.

  • 20. All disclosures must be properly dealt with. The University’s Disclosure Coordinator will assess each disclosure; ensure that appropriate follow up action is taken, report investigation findings and recommend remedial action; advise external agencies as appropriate; and keep the person who made the original disclosure informed of the progress of the matter.
  • 21. All disclosures must be dealt with pursuant to the rules of natural justice and must provide the opportunity for the subject of the disclosure to explain his/her version of events.
  • 22. Disclosures which are frivolous or vexatious, which primarily question the merits of government policy or are made in an attempt to avoid dismissal or disciplinary action will not be protected by the Public Interest Disclosures Act 1994 (NSW).
  • 23. Further information about protected disclosures can be found on the University’s Public Interest Disclosures website.

8 Conflicts of Interest

  • 1. In all personal and business interactions, staff and affiliates are to observe high standards of ethical behaviour and avoid any activity or interest that might reflect unfavourably upon the University. Staff and affiliates are obliged to adhere to the principles set out in the University’s Conflict of Interest Policy and Close Personal Relationships Guidelines to ensure that their activities and interests do not conflict with their obligations to, or the welfare of, the University.

Secondary Employment

  • 2. In valuing the expertise of its people, the University recognises that staff may engage in paid or unpaid outside employment or private practice. Outside employment should not create a conflict of interests with their duties to the University and must be approved in accordance with the University’s Secondary Employment Policy or Commercial Research Policy. Such approval must be received prior to commencement of the secondary employment or commercial research.

Gifts or Benefits

  • 3. The receipt of gifts or the giving of gifts or benefits has the potential to impact on the reputation and image of the University and the potential to breach ethical and legal standards. Receiving or giving of gifts or benefits that could appear to influence any aspect of a staff member or affiliate’s professional duties may be perceived by others as an inducement. Neither staff nor affiliates may give or receive gifts or favours that could create a conflict of interest or a perceived conflict of interest, compromise their judgement, damage relationships with others or indicate any favouritism or prejudice towards a person or group of people.
  • 4. Staff and affiliates must not solicit gifts or benefits and under no circumstances may staff or affiliates accept money or lottery tickets, except where permitted under the Philanthropic Fundraising, Gift Acceptance and Recognition Policy.
  • 5. Staff and affiliates must not accepts or confer gifts or benefits unless they comply with the University’s Conflict of Interest Policy.
  • 6. For information on the acceptance of gifts to the University, refer to the Philanthropic Fundraising, Gift Acceptance and Recognition Policy. The Philanthropic Fundraising, Gift Acceptance and Recognition Policy applies to all bequests and all other gifts to the University covered by the definition of gift. It does not include personal gifts offered to individual staff or affiliates of the University, for example, by companies, international dignitaries or collaborators. The University’s policy on the acceptance of such gifts by staff or affiliates is contained in other University policies such as the Conflict of Interest Policy.
  • 7. Staff and affiliates are also required to comply with appropriate State and Federal legislation regarding the giving and receiving of gifts or favours.
  • 8. When in doubt, staff and affiliates should seek advice, as set out in the Conflict of Interest Policy.

9 Guidance on Ethical Issues

  • 1. The University acknowledges that it cannot formulate policies to address all issues which may be faced by staff and affiliates. The development of an ethical environment relies on each person taking responsibility for his or her own behaviour after considering State and Federal law, the University's stated values, the provisions of the University’s policy documents and any other professional codes applicable to that person.
  • 2. Staff and affiliates should ensure their activities and interests do not create a conflict of interest with their obligations to, or the welfare of, the University, and should avoid ethical, legal, financial or other conflicts of interest. When making decisions related to the University, staff and affiliates are required to consider:

    a. Whether or not the decision complies with the University’s legal obligations;

    b. Whether or not any conflicts of interest arise from the decision; and

    c. The possible impact of the decision on others and on the reputation of the University.

  • 3. Staff and affiliates may occasionally be confronted with ethical dilemmas in which there is a perceived conflict of interest or duty or loyalty to the University but which may have no single correct or straightforward answer. Advice on ethical issues may be obtained from a range of sources within the University depending on the context, including:

    a. Executive Deans of Faculties and Directors of Business Units;

    b. The Complaints Management Centre;

    c. Director, Human Resources Division;

    d. Director, Governance and Legal Division

    e. Manager, Business Assurance

    f. Employment Relations Manager

    g. Human Resource Business Partners; and

    h. Senior members of staff.

  • 4. Advice on ethical issues may also be obtained from sources outside the University, for example:

    a. The National Health and Medical Research Council

    b. Professional associations

    c. The St James Ethics Centre.

10 Compliance with Code

  • 1. All staff and affiliates are required to comply with this Code.
  • 2. Any alleged breaches of this Code will be dealt with in accordance with the applicable University policy document, enterprise agreement, industrial instrument or contract.
  • 3. In the case of an alleged breach of this Code that is not covered by a University policy document, enterprise agreement, industrial instrument or contract, the University will apply the principles of natural justice when investigating such a complaint.
  • 4. If an allegation is found to be proven:

    a. Staff may have their employment with the University terminated.

    b. Affiliates may have action taken against them which may include termination or non-renewal of their contract or appointment with the University.

  • 5. The University treats all complaints seriously and makes every effort to expeditiously investigate complaints in accordance with the University’s policy documents. Where there is no relevant process for dealing with an alleged breach of this Code, the University will take steps to ensure the matter is properly considered and, if proven, that appropriate action is taken.
  • 6. The University acknowledges that multiple pathways exist for dealing with complaints. It is useful, prior to making a complaint, to consult with appropriate persons to identify the best way to proceed. These could include the Complaints Management Centre, the Human Resources Division or the Student Ombudsman. Staff and affiliates should make every effort to direct complaints in accordance with the Grievance Policy.

11 Limit on Confidentiality

  • 1. Any confidentiality regarding conduct arising under this Code of Conduct is limited by the University’s obligations under law to disclose certain conduct to relevant authorities. For example, the University has an obligation to disclose corrupt conduct to ICAC, and to disclose serious indictable offences to NSW Police.

12 Roles & Responsibilities

  • 1. It is the responsibility of staff and affiliates to be aware of and conduct themselves in accordance with this Code and related policy documents.
  • 2. It is the responsibility of supervisors, managers, Executive Deans, Directors and Heads of Units to:

    a. Ensure that new staff and affiliates are introduced to the provisions of this Code and related policy documents;

    b. Ensure that staff under their supervision fulfil the requirements of their induction by being aware of the University’s policy documents;

    c. Ensure that staff are aware of, and periodically renew their awareness of, this Code;

    d. Model good behaviour consistent with this Code and related policy documents; and

    e. Appropriately respond to reports of contravention of this Code.

  • 3. It is the responsibility of the University to:

    a. Ensure this Code is accessible and communicated to all staff and affiliates; and

    b. Ensure this Code is implemented and applied consistently throughout the University community.

13 Version Control and Change History

Version Control

Date Effective

Approved By

Amendment

1

2 June 2000

University Council

New Policy

2

6 May 2009

Migrated to UOW Policy Template as per Policy Directory Refresh

3

9 March 2010

New review date identified in accordance with Standard on UOW Policy

4

12 July 2011

University Council

Review of Code in line with review date, resulting in substantial revisions.

5

30 November 2012

Vice-Principal (Administration)

Change from OHS to WHS

6

11 September 2013

Chief Administrative Officer

Change from VP(A) to CAO

7

5 February 2014

Chief Administrative Officer

Updated legislative references

8

13 February 2014

Deputy Vice-Chancellor (Education)

Updated to reflect changes from Dean of Students to Student Ombudsman.

9

5 July 2016

Vice-Chancellor

Consequential amendment following minor amendment to Coursework Student Academic Complaints Policy – removal of reference to Student Ombudsman at clause 9.3. Transfer to rebranded template.

10

9 December 2016

University Council

Consequential amendments to section 6. Standards Required of Staff and Affiliates – Working with Children and Young People following approval of the Child Protection Policy.

11

28 July 2017

Vice-Chancellor

Updated policy references and legislation on cover page.

Amendment to the introduction to align with the new strategic plan.

Inclusion of the definition of a ‘Gift’ and expansion of the ‘Gifts and Benefits’ section.

Insertion of reference to the Philanthropic Fundraising, Gift Acceptance and Recognition Policy.

The requirement for EO Online to be completed every two years by all staff members.

Removal of reference to the now superseded Employment Equity and Diversity Unit.

Insertion of reference to the Complaints Management Centre.

Updates to position title.

Insertion of ‘professional presentation’ to cover appropriate work clothing, grooming and related items.

Extension of definition of “affiliates” to include contractors, volunteers and work experience students

Extension of definition of “staff” to include categories of employment and cadets and trainees

Addition of definition of “students”

Here to Help

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