Home/About Austrade/Employment/Code of Conduct Code of Conduct - A-Based overseas service Introduction Austrade A-based staff working overseas are seen as representatives of Australia, not only in the performance of our official functions, but in the manner in which we conduct ourselves as private individuals. Regardless of our formal roles or responsibilities, our visibility and status as foreign officials means that our actions will be subject to a greater degree of scrutiny and public interest than they would be at home, and that an adverse perception of those actions can have an impact on Australia’s reputation. In addition, we will face dilemmas or opportunities in the area of personal conduct and ethics which may not arise in Australia - whether in social, cultural, financial or personal settings. Austrade’s Code of Conduct – A-based Overseas Service (the Overseas Code) sets out principles for the conduct of Austrade A-based staff overseas, and supplements Austrade’s management procedures and the APS Code of Conduct. The Code provides direction on specific issues which may arise during the course of your employment with Austrade overseas, and compliance with its provisions is a condition of your employment with Austrade. In the Overseas Code, the term Australian Representative Overseas (ARO) is used to refer to an A-based employee of Austrade serving overseas in any capacity, including: on a long-term posting, while travelling overseas on a short-term official mission, on secondment, or on leave while remaining overseas. While this Overseas Code does not apply to overseas-engaged employees, they are expected to observe its spirit and intent. Separate guidelines on conduct for OEE staff are issued by Austrade in respect of each post. All management actions taken to address conduct issues in accordance with the Overseas Code are in accordance with the Public Service Act 1999 (s10 and 13) and are subject to Austrade’s misconduct policy. Upholding Australia's reputation The purpose of the Overseas Code is to ensure that the conduct of AROs enhances Austrade’s reputation for professionalism and integrity, and does not adversely affect the reputation of the Australian Government and Austrade. AROs have a duty to act at all times in a manner which upholds the good reputation of Australia, and which contributes to the good reputation of Austrade and any Australian mission with which they are associated. The duty to uphold the good reputation of Australia is fundamental, and underpins the approach to particular principles of conduct overseas elaborated under the sub-headings below. Respect for the law In accordance with the Vienna Conventions on diplomatic relations and consular relations, an ARO shall respect the laws of the country to which he or she is posted, or in which he or she is travelling. An ARO shall comply with any lawful and reasonable direction, and take into account any guidance, issued by Austrade and the Austrade Post Manager concerning the operation of local laws and regulations. Such directions and guidance will be of special relevance where there is a major difference between the requirements of local law and the law applying in Australia. AROs must ensure they clear all outstanding locally incurred financial debts prior to completing their posting. An ARO shall inform the Austrade Post Manager as soon as practicable if the ARO or a member of his or her household comes to the notice of the local law enforcement authorities except in matters such as minor traffic infringements. Where there appears to be a breach of local law, excluding parking and minor traffic infringements, the Austrade Post Manager should inform the Manager, Risk and Asset protection immediately. The requirement to report shall apply in all cases, including where the ARO may, but for diplomatic or consular status, have been charged with an offence. Cultural sensitivity It is necessary to be culturally sensitive to the people of the host country and to be understanding of local customs, including those relating to personal behaviour. Austrade has a responsibility to provide appropriate guidance to enable AROs and members of their household to gain the necessary levels of knowledge and understanding. Similarly, AROs have a responsibility to actively seek or develop an understanding of the local cultures in which they find themselves. An ARO shall respect laws and customs which are protective of local cultural property, and shall not purchase or export, nor make arrangements for the purchase or export of any items of cultural property other than in accordance with local regulations, and with the knowledge and consent of the host authorities where this is required. The term "cultural property" shall include any antiquity, artefact, document, work of art or other chattel which is of national, historical, scientific, literacy or artistic importance, and also includes any property the sale or export of which is, or may be, subject to local regulations. Austrade and Australia have a reputation for integrity which must not be undercut by any perception that an ARO might be influenced by bribes, gifts or other benefits. Subject to Austrade’s Chief Executive Instructions (CEI) on accepting gifts and benefits, an ARO and members of his or her household shall not accept gifts or other benefits or advantages that are offered in connection with the ARO’s duties, status, power or authority. Where refusal of a gift is likely to give offence to an extent that could adversely affect Australia’s interests, the ARO may accept the gift, but must promptly report it in accordance with Austrade procedures and advise the Austrade Post Manager. The gift is regarded as the property of Austrade until the Austrade Post Manager has issued instructions to the contrary. An item classified as having little or no commercial value may be retained. Money must never be accepted as a gift. Appropriate personal behaviour An ARO shall not engage in behaviour at any time which is likely to affect adversely an ARO’s ability to perform his or her duties, or the ability of his or her Austrade Post to achieve its objectives, or which is likely to bring the Austrade Post or Australia into disrepute. Sexual activity and the use of alcohol or other substances, including prescription and non-prescription drugs, are particular areas of sensitivity where conduct may more easily be seen as offensive or be misinterpreted, and where particular attention to appropriate personal behaviour in the local context is therefore required. Where an ARO, including an Austrade Post Manager, is in any doubt as to the applicability of this principle, he or she should seek advice from a supervisor and, if necessary, consult the Executive Director Human Resources. Where an ARO is engaged in any relationship which might have any of the adverse effects set out above he or she also has an obligation to inform the Austrade Post Manager. It is fundamental that Post Managers understand the need to ensure they give due respect to the privacy of individual AROs where they receive such information. Except for the purposes of the implementation of the Overseas Code, any disclosure of such information may be an unlawful act (refer S.94 of the Australian Trade Commission Act 1985). An ARO shall comply with the age of consent requirements specified for sexual activity in the law of the host country or the age of consent under the law of the Australian Capital Territory (16 years), whichever sets the greater age. This provision is not intended to extend to relationships between AROs and their spouses or designated spouse equivalents who are above the Australian age of consent but below the host country age of consent. An ARO shall not use, or be required to use, Austrade post or mission facilities, staff or resources for the purpose of arranging or facilitating access to sex workers by any person, including visitors to the post or mission. An ARO’s personal conduct towards his or her domestic and overseas engaged staff must not be exploitative or be such as to lead reasonably to a perception of exploitation. If a sexual relationship occurs, the ARO shall inform/consult the Austrade Post Manager or, in the case of a Austrade Post Manager, his or her Regional Director, or the CEO, as may be appropriate. Household members An ARO shall notify the Austrade Post Manager or, in the case of a Austrade Post Manager, his or her Regional Director, if he or she is planning to change the composition of his or her household. This does not replace the ARO’s obligation in conformity with the security instructions to inform security of any change to their circumstances which may affect them or their security clearance. Accompanying household members are of course private persons not covered directly by the Overseas Code or subject to any formal obligations under Austrade directions in relation to conduct. It is nonetheless the case that because of their visibility and identifiability as part of an Australian official community, the actions of household members can have an impact on the reputation of Australia or of an Austrade Post and on the ability of AROs to perform their duties. An ARO shall take all reasonable steps to ensure that members of his or her household are aware of local laws, culture and customs. In the event of behaviour by a household member which would breach the above, if committed by the ARO, the ARO shall take all reasonable steps to ensure that the behaviour ceases. If the behaviour persists, the ARO must consult the Austrade Post Manager. In cases involving members of the household of the Post Manager, the Post Manager should consult the Regional Director. Incidents of such behaviour may, for operational reasons, require review, and possibly termination of the ARO’s posting. In such an event, no blame shall attach to the ARO by reason only of the behaviour of the member of his or her household. Respect for others and tolerance of their opinions As in Australia, AROs have a duty to contribute to the effective functioning of the workplace by treating their colleagues and the public with respect. Even more than in Australia, this will require particular attention to the possibly very different cultural backgrounds, beliefs and opinions of the people encountered in the workplace and outside it. This principle is central to good relations with OEEs and domestic staff, and is important to effective performance in all overseas environments. AROs shall respect the cultural background of colleagues in the workplace (including OEEs), clients and domestic staff; not discriminate against, or harass, such persons or any other people because of their sex, marital status, ethnicity, age, sexual orientation, disability or religious beliefs, or upon any similar ground; and respect the privacy of individuals when dealing with personal information. Integrity in the use of diplomatic and consular status and privileges Diplomatic or consular status and privileges are conferred on an ARO to facilitate the operation of the diplomatic or consular mission with which he or she is associated, and not for the personal benefit of the ARO or members of the ARO’s household. An ARO must act with integrity in relation to any privilege he or she may have (such as exemption under international law from the payment of taxes or duties) as a diplomatic or consular representative. Goods obtained without the payment of duty under privilege are for personal use only, and must not be sold or used as payment of any kind to persons who do not have the relevant privilege. An ARO shall not be required to use diplomatic privileges in a manner that would undermine the integrity of those privileges. AROs must not seek either to invoke or to waive diplomatic or consular immunity, which is exclusively a matter for decision by the Minister for Foreign Affairs. Employees should be aware that consular immunity can exist only in respect of consular acts. It is important to note that AROs and members of their households have no immunity in relation to any professional or commercial activity in which they may engage outside of their official functions. Where a member of his or her household is planning to engage in any private gainful occupation, an ARO shall consult the Austrade Post Manager, who may decide that Austrade and/or the host government be consulted. An ARO shall take all reasonable steps to ensure that any activities by a member of his or her household who is carrying on a private gainful occupation do not give rise to a conflict or the perception of a conflict between the official duty of the ARO and the private interest of either the person or a member of his or her household. For example, they shall not use the mission's address as that of their place of business. In cases where the mission address is the sole address, household members should use a private PO Box for carrying on a private business. Authority of the Austrade Post Manager/Head of Mission An ARO shall comply with any lawful and reasonable directions issued by the Austrade Post Manager/relevant Regional Director and shall consult the Austrade Post Manager/Regional Director about any personal or professional issue that gives rise to concerns relating to the operation of the Austrade Post. In the event of a difference between an ARO and the Austrade Post Manager/Regional Director over the lawfulness or reasonableness of a direction, either may refer the matter to the Manager, Risk and Asset Protection, or the Executive Director Human Resources for decision. Pending this decision, the ARO shall comply with the written directions of the Austrade Post Manager. AROs are subject to the overall management and control of Austrade management while overseas. Where matters within the ARO’s area of responsibility affect Australia's bilateral relations with the host government, the administration of the mission or the good reputation of the mission or Australia in the host country, the ARO must consult with and have regard for the views of the Head of Mission. In the event of any difference between a Head of Mission and an ARO concerning the extent of the Head of Mission's authority, either may request their employing agency to take up the matter with the employing agency of the other. Implementation A signed undertaking indicating knowledge of and willingness to comply with this Overseas Code will be a precondition of approval for travel overseas, whether on short or long-term assignment, for all AROs. AROs have an obligation to report apparent or alleged breaches of this Code in writing to the Regional Director and or the Executive Director, Human Resources. Where it is suspected that an employee may have breached the Code and the conduct appears to be criminal in nature, ie: fraud, theft etc, the misconduct is also to be reported in writing to the Manager, Business Effectiveness (BE).  The BE Manager may refer the matter to the AFP where it can reasonably be suspected the misconduct relates to an offence under Australian law. On receipt of a report of a possible breach, the Executive Director Human Resources shall determine the appropriate action to be taken eg, the decision to commence an initial investigation or not. If investigation indicates an apparent breach, appropriate conduct management action, which may include formal investigations, counselling and/or disciplinary proceedings, where warranted, will be taken. In serious cases, an ARO may be called to Australia pending the outcome of an investigation. Austrade will protect the career and other interests of AROs who make or investigate reports in good faith. In accordance with normal practice, Austrade will defend AROs against any legal action arising out of reports made in good faith, and meet any necessary costs. The making of an allegation which is found to be without substance, and which is knowingly false or vexatious or malicious, will be treated as a breach of the APS Code of Conduct.