Code of Conduct

Valuers Registration Board of Queensland Code of Conduct 2004

Date of issue 19 Jan 2005

Introduction
Ethics obligations
The role of the chairperson
Corporate responsibilities of individual board members
The Board as an employer
Accountability of the Board
Protection of privacy, official information and public comment
Communication with ministers and other members of parliament
Personal liability of board members
Response to complaints
Conclusion

1. Introduction

The Valuers Registration Board of Queensland (the ‘Board’) is a statutory board established to administer the Valuers Registration Act 1992 (the ‘Act’) and the Valuers Registration Regulation 2003 (the ‘Regulation’). The Board is responsible for:

registering land property valuers in Queensland;
dealing with complaints about the conduct of valuers; and
administering disciplinary action.

This Code of Conduct is intended to provide standards of conduct for Board members and employees that are consistent with the ethics obligations imposed by the Public Sector Ethics Act 1994 (‘Public Sector Ethics Act’). In carrying out its duties under the Act, the Board has an obligation to operate in an ethical and responsible manner. The Code is intended to provide the Board with a framework that assists Board members and employees, thereby safeguarding and promoting operational standards.

In order to maintain public confidence in the professional standards of registered valuers it is essential that those who participate in the registration, investigation and disciplining of such persons exhibit, and are seen to exhibit, ethical standards in carrying out these duties in the best interests of the people of Queensland.

Purpose of the Code

This Code does not attempt to provide a detailed and exhaustive list of what to do in every Board situation. Instead, the Code represents a framework for ethical conduct and aims to provide assistance and clarification. The Code can only serve as a prompt for the exercise of sound judgement.

Application of the Code

This Code applies to Board members and employees. Any reference to ‘members’ in this Code includes assistant members of the Board.

Breaches of the Code

Breaches of the Code will be regarded as serious matters.

Reporting of breaches of the Code

Any member or employee of the Board who becomes aware of an actual or suspected breach of this Code should first raise their concerns with the Board chairperson.

Where to go for further help

Any questions regarding your ethics obligations or the contents of the Code should be referred to the Board chairperson.

2. Ethics obligations

The Board recognises the ethics obligations as defined in the Public Sector Ethics Act and endorses the following principles:

2.1 Respect for the law and system of government

The principle of respect for the law and system of government requires Board members and employees to:

uphold the laws of the State and Commonwealth; and
carry out decisions and policies faithfully and impartially.

Board members and employees must not be a party to breach, evasion, or subversion of the laws of the State and Commonwealth and the decisions and policies based on them.

The Board is a statutory body which exists for a public purpose. In carrying out the Board’s duties and functions under the Act and other laws, Board members and employees must:

uphold the laws and policies of the elected government and the Board’s policies, procedures and protocols designed for carrying out the Board’s duties and functions under the Act and other laws;
act in good faith and in accordance with both the spirit and the letter of the law;
implement applicable government policy and programs impartially;
act in a impartial manner in the public interest; and
comply with the requirements of this Code of Conduct.

2.2 Respect for people

Board members and employees should treat valuers and members of the public honestly, fairly and courteously and with proper regard for their rights and entitlements. In performing official duties, Board members and employees are expected to be responsive to the reasonable demands of valuers and others. All dealings with persons must be free of harassment, intimidation or victimisation.

2.3 Equal opportunity employment

Equal employment opportunity (EEO) requires Board members to ensure that all employees have equitable access to resources, training and development opportunities, promotion, relieving opportunities and consultative processes.

2.4 Sexual harassment and discrimination

Sexual harassment is any unwanted and uninvited sexual advance or other conduct of a sexual nature. Equity Contact Officers of the Department of Natural Resources, Mines and Energy (the ‘Department’) can advise on options for dealing with harassment.

Discrimination occurs when people are excluded from a benefit or opportunity because of some personal characteristic that is irrelevant to the situation, eg. ethnicity, sex, disability, etc. Any concerns about discrimination should first be raised with the Board chairperson.

2.5 Integrity

Board members and employees must at all times seek to maintain and enhance public confidence in the integrity of government administration, and to advance the common good of the community which they serve, recognising that public office involves a public trust for which they will be held accountable.

This obligation requires Board members and employees to:

fully examine all issues and options available to them and provide appropriate impartial advice and decisions which accurately reflect the Board’s duties, policies and procedures;
declare private interests where they might present a conflict of interest with public duties;
resolve any conflicts of interest between personal interests and official duties in favour of the public interest;
refrain from seeking or accepting gifts/benefits for private gain in connection with official duties;
respect intellectual property/copyright provisions;
use official powers, influence, resources and information properly, avoiding all use of them for any improper personal advantage, or otherwise allowing them to be used improperly;
maintain confidentiality of any information held by the Board;
be truthful and fair in preparing any references and reports; and
disclose fraud, corruption, misconduct and maladministration of which the Board member or employee becomes aware consistent with the provisions of the Crime and Misconduct Act 2001 and the Whistleblowers Protection Act 1994.

2.6 Conflicts of interest

From time to time, the private interests of Board members or employees may conflict with their roles in relation to the Board. ‘Private interests’ are an individual’s financial, professional, business and personal interests as well as the known interests of that individual’s immediate family. An actual conflict of interest exists when a reasonable bystander, in possession of the relevant facts, would conclude that a public official's private interests are likely to interfere with the proper performance of his or her official duties. A potential or apparent conflict of interest exists when it appears that an official's private interests might interfere with the proper performance of his or her official duties. Board members must take all necessary steps to avoid conflicts of interest.

Declaring an actual conflict of interest is essential for maintaining the integrity of, and community confidence in, the Board and the public sector. Conflicts of interest must be resolved in favour of the public interest rather than in favour of a member’s or an employee’s private interests. Board members and employees have a responsibility to be alert to any actual conflicts of interest and, if unsure, to discuss the matter with the Board chairperson before taking steps to avoid the conflict.

2.7 Private employment

As Board members are not employed full time in their capacity as Board members, they are able to undertake private employment during normal working hours, but they must be sure there is no actual or potential conflict of interest and no adverse effect on their performance as Board members. Private employment includes operating a business, paid consultancy services, part-time partnerships and directorships.

If a Board member or employee considers that others may perceive a conflict of interest between his or her employee and Board position, he or she should discuss this with the Board chairperson.

Board resources may not be used in relation to any private income-generating activity.

2.8 Diligence

In performing official duties, Board members and employees should:

exercise diligence, care and attention; and
seek to achieve a high standard of public administration.

Board members and employees should strive for continuous improvement in the level of service and standard of public administration for the duties and responsibilities of the Board.

2.9 Misuse of alcohol & other drugs

Board members and employees must ensure that their consumption of alcohol and prescription drugs does not adversely affect their ability to properly conduct their duties.

2.10 Economy and efficiency

The Board was established to provide a service to the people of Queensland. Because of this, Board members and employees have an obligation to ensure that the resources entrusted to them are treated appropriately and used for the purposes for which they are intended.

Waste, abuse and extravagance in the provision or use of public resources should be avoided and fraud and corrupt practices must be exposed.

Board members and employees must treat all Board resources with due care and attention and guard them from misuse. The Board chairperson and secretary must ensure that assets (i.e. cash, receivables, investments, and inventories) are properly managed and reported in accordance with financial and administrative procedures appropriate for a statutory body.

Note: Misuse of public resources is considered official misconduct. Accordingly, there is an obligation to report it or any suspected misuse to the appropriate authority.

3. The role of the chairperson

The chairperson of the Board is responsible for the proper discharge by the Board of its collective responsibilities and has particular responsibility for providing effective strategic leadership on matters such as:

formulating the Board’s strategy for discharging its statutory duties;
encouraging high standards of propriety and promoting the efficient and effective use of employees and other resources of the Board;
ensuring that the Board, in reaching decisions, takes proper account of guidance provided by the Minister;
representing the views of the Board to the general public;
providing an assessment of the performance of individual members, on request, when they are being considered for re-appointment to the Board or for appointment to some other public body;
supervising preparation of the Board’s annual report and financial statements; and
chairing meetings of the Board.

The chairperson should ensure that the Board meets at regular intervals throughout the year and that the minutes of meetings accurately record the decisions taken and, where appropriate, the views of individual Board members.

The chairperson should ensure that all members of the Board, when taking up office, are fully briefed on the terms of their appointment and on their duties, rights and responsibilities.

4. Corporate responsibilities of individual board members

Individual Board members have corporate responsibility for ensuring that the Board complies with all statutory and administrative requirements. Members of the Board should be aware of their wider responsibilities as members of the Board. Board members must:

undertake, on appointment, to comply at all times with this Code, the Act and Regulation;
act in good faith and in the best interests of the Board;
ensure that the Board discharges its functions with due regard to the need to avoid sexual or racial discrimination, or discrimination on the grounds of disability, and to promote equality of opportunity and good race relations;
ensure that the Board operates within the limits of its statutory authority;
not misuse information gained in the course of their public service for personal gain or political purpose, nor seek to use the opportunity of public service to promote their private interests or those of connected persons, firms, business or other organisations; and
ensure that they comply with the Board’s rules on the acceptance of gifts.

Board members, whether full or part-time, are expected not to occupy paid party political posts or hold particularly sensitive or high-profile unpaid roles in a political party.

Members of the Board should declare/register any pecuniary, personal or business interests which could give rise to an actual or apparent conflict of interest before and after their appointment to the Board.

5. The Board as an employer

The Board should ensure:

that it complies with all relevant employment legislation and employs suitably qualified employees who will discharge their responsibilities to a high standard;
that the organisation adopts management practices which use resources in the most economical, efficient and effective manner;
the Board’s rules for the recruitment and management of employees provide for appointment and advancement on merit on the basis of equal opportunity for all applicants and employees; and
that employees and Board members have appropriate access to expert advice and training opportunities to enable them to exercise their responsibilities effectively.

6. Accountability of the Board

The Board is established to administer the Act and Regulation on behalf of the responsible Minister and its members have been granted significant powers in determining the eligibility

for entry into the profession and in the regulation of the conduct of registered valuers. Given these broad ranging powers and their implications for public policy, it is important to ensure that Board members exercise their powers and functions with an appropriate degree of accountability to the public and, through the Minister, to Parliament.

The provisions of this section regarding accountability also apply to the functions and proceedings of committees appointed by the Board.

6.1 Accountability to the Board

The main function of the Board is to act in the public interest by registering valuers under the Act and following the complaint and discipline procedures in the Act with the purpose of trying to ensure that registered valuers maintain high standards.

6.2 Independent decision making

Quasi-judicial authorities such as the Board have a duty to make fair decisions. The Board also has a duty to reach an independent decision and not be influenced by the dictates of any outside person or body. The Board may establish general policies as a guide. However, the Board should be cognisant of the fact that it should reach its decisions based on the merit and circumstances of each individual case.

6.3 Accountability to the public – natural justice

When in the position of making decisions that affect other people, Board members and employees must follow the principles of natural justice at all stages of the process. Under s 53(3) of the Act, a committee must observe the rules of natural justice in any proceedings before that committee.

In making a decision, Board members and employees should:

ensure that they do not have a direct or personal interest in the outcome of the

decision (if an interest exists, the Board member or employee should advise the Board chairperson so that someone else can be appointed). Section 19 of the Act contains specific requirements in relation to disclosure of a direct or indirect pecuniary interest by a Board member. Section 50A contains specific requirements in relation to conflicts of interest of a committee member.

give a person who may be adversely affected an opportunity to fully state their case before a final decision is made, and ensure that the final decision takes the person’s input into account;
hear all parties and consider all arguments and competing interests;
act fairly and without bias;
ensure that the decision is factually based, fair and equitable and is not influenced by personal bias on the part of the decision-maker;
inform the person(s) affected of relevant factors or reasons for the decision or action being taken;
provide the relevant parties with information on applicable rights of appeal, grievance or complaint mechanisms and any time limits that apply (e.g. s 61 of the Act provides that a person aggrieved by a decision of the Board who wishes to appeal the decision must lodge an appeal within 28 days after receipt of the decision);
ensure they comply with all requirements of the Act and Regulation.

Ultimately, Board members and employees must ensure that where any discretionary power is used, the decision made can be justified to all persons affected by the decision.

6.4 Accountability to the Minister

The Board is required to provide annual reports and financial statements to the Minister under the Statutory Bodies Financial Arrangements Act 1982 and the Financial Administration and Audit Act 1977. The annual report contains statistics and other details concerning the Board's activities and, together with the Board's financial statements, is tabled in Parliament. The Board also has a duty of care to manage public funds appropriately.

The Financial Management Standards promulgated under the Financial Administration and Audit Act 1977 require statutory bodies such as the Board, unless specifically exempted, to provide strategic plans which identify key objectives, strategies and the means to evaluate performance against those objectives over a specified period of time.

The publication of documents such as annual reports and strategic plans enhances the public accountability of the Board.

6.5 Accepting gifts, benefits and hospitality

Although it is no longer necessary to maintain a register of reportable gifts under the Financial Management Standard 1997, very careful consideration should be given if any offers of gifts, benefits or hospitality (‘gifts’) are made to a board member or employee. All such gift offers should be discussed with the chairperson before acceptance and no gifts should be considered for acceptance other than those of a minimal value. A register of any gifts accepted should be maintained with a note of the gift, the approximate value, the recipient, the giver and the date so as to ensure that if any issues of probity are raised, such issues may be promptly and properly dealt with.

7. Protection of privacy, official information and public comment

7.1 Use of official information

Official information should not be used by Board members or employees for any improper purpose.

7.2 Disclosure of official & personal information

In performing official duties, Board members or employees may have access to information that is unavailable to the general public. This may include information of commercial sensitivity or significance, or personal information about Board members, employees or other public officials, applicants for registration, valuers or other members of the public.

When dealing with confidential or personal information, Board members and employees must be mindful of the Queensland Public Sector’s Information Privacy Principles and remember that it is unlawful to disclose any sensitive or confidential information gained through official duties. Board members and employees have a duty to keep this information confidential and not misuse it, even after they have ceased to be an employee or a public official. (Further requirements are outlined in the Board’s Privacy Plan).

Unauthorised disclosure of information could result in legal proceedings against the

Board, embarrassment and disadvantage to others..

Board members and employees must not disclose such information to any person except where:

there is lawful authority for the disclosure, (i.e. for example, duties under the Act or other legislation or under freedom of information requirements);
the information is officially available as a matter of public record (for example public registers); or
the information was supplied to the Board for a purpose which permits its disclosure.

In these instances, Board members and employees must only disclose facts and should not express an opinion.

There are mechanisms in place through which members of the public can obtain information, in particular, through the Freedom of Information Act 1992. Requests for information not normally available to the public should be referred to the Board secretary as FOI Coordinator.

Board members and employees have a duty to protect confidential and sensitive information and must apply appropriate security to ensure this information cannot be accessed.

7.3 Public comment in an official capacity

Board members and employees should not speak to the media without first referring the matter to the Board chairperson. However, the Board secretary may deal immediately with any media inquiries concerning information of a routine or minor operational nature which is already published and readily available to the public. The Board secretary should promptly notify the Board chairperson of these matters.

If a Board member or employee has been given authorisation by the chairperson to make public comment in an official capacity, for example for community education purposes, he or she should:

first carefully consider the potential effects of their comments;
take care not to misrepresent deliberately or otherwise government or Board policy or programs;
not give personal views on matters of government or Board policy or administration, and in particular not comment on the correctness or otherwise of government or Board policies or programs;
take considerable care to ensure that their comments are not misunderstood;
provide only such information as is necessary to explain government or Board policy or to provide pertinent, factual, explanatory or background material; and
not disclose any information which may reasonably be considered confidential or private.

7.4 Private comment

Private comment refers to those occasions, outside normal working hours and the workplace, when Board members or employees may wish to discuss or comment on government or Board policies or actions in an unofficial capacity.

Board members and employees have the same rights as any member of the public to enter into discussion of community and social issues in a private capacity. However, when making private comments publicly, Board members and employees should:

indicate clearly that the comments and views expressed are entirely their own and not necessarily those of the government or the Board;
consider that they may be seen to be speaking about government policies or actions from a privileged position, even if claiming to speak in a personal rather than official capacity, especially if they comment on matters which fall within their area of official responsibility;
not create doubt about their ability or willingness to implement the policies and programs of the government or the Board;
respect the rights of the government and any individuals to confidentiality (do not disclose official information which they have a duty to keep secret); and
not misrepresent the facts or source, deliberately or otherwise.

8. Communication with ministers and other members of Parliament

Communications between the Board and Ministers are normally conducted through the chairperson, however an individual has the right of access to Ministers on any matter which he or she believes raises important issues relating to his or her duties as a member of the Board. In such cases, agreement of other Board members should normally be sought.

9. Personal liability of board members

Although legal proceedings initiated by a third party are likely to be brought against the Board, in some cases proceedings may be initiated against the chairperson or other individual Board members.

Section 22 of the Act provides that a member or employee of the Board incurs no civil liability for an act or omission done or omitted to be done honestly and without negligence under, or for the purposes of, the Act. Accordingly, the effect of s 22 of the Act is that a liability that would normally attach to a member or employee of the Board, attaches to the State.

10. Response to complaints

In managing complaints the Board has a responsibility to:

provide easy access to a complaint handling procedure that ensures efficiency, fairness and unbiased attention irrespective of the persons involved or the nature of the complaint;
respond within an appropriate time to all complaints; and
keep the complainant and registrant against whom the complaint is lodged informed of all relevant processes and outcomes pertaining to the complaint.

11. Conclusion

This Code of Conduct provides a measure against which the behaviour of Board members and employees can be assessed to ensure the appropriate standard of ethical behaviour in the conduct of their activities. It forms the basis for quality assurance audits of the activities of the Board.

Last updated 09 April 2008

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