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The three principles

First principle

Staff should fulfil their lawful obligations to the Privacy Commissioner with professionalism and integrity.

Second principle

Staff should perform their official duties honestly, faithfully and efficiently, respecting the rights of the public and their colleagues.

Third principle

Staff should not bring the Office of the Privacy Commissioner into disrepute through their private activities.

Introduction 

The office of the Privacy Commissioner is an independent Crown entity established under the Privacy Act 2020, and is publicly funded.  The public, Parliament and government expect high standards of professionalism and integrity from the Privacy Commissioner and his staff.  They expect official decisions to be made fairly and impartially, public money to be spent wisely, and public assets to be used and cared for responsibly.  They expect your conduct to be above reasonable reproach, and your official duties to be performed conscientiously and competently at all times, and in accordance with general law and the Privacy Act 2020.  As the work of the office centres on issues of individual privacy, you are specifically required to maintain secrecy in respect of all matters that come to your knowledge in the exercise of your duties and responsibilities.  Likewise, you are expected to act impartially and in a politically neutral manner in all your official dealings.  

This Code of Conduct defines the standards of behaviour required of you as a member of the Privacy Commissioner’s staff. It is modelled on the Public Service Code of Conduct, and is based on three underlying principles:

• Staff should fulfil their lawful obligations to the Privacy Commissioner with professionalism and integrity;
• Staff should perform their official duties honestly, faithfully and efficiently, respecting the rights of the public and their colleagues; and
• Staff should not bring the office of the Privacy Commissioner into disrepute through their private activities. 

The Code applies to all staff of the Privacy Commissioner.  You should familiarise yourself with it and use it as an ongoing reference. Failure to comply with it may result in disciplinary action, including dismissal. 

Obligations to Privacy Commissioner

Your first obligation as a member of the Privacy Commissioner’s staff is to assist the Commissioner to carry out his statutory functions, and to serve the aims and objectives of his office.  You are expected to do so to the best of your ability; with professionalism and integrity; in a manner that will bear the closest public scrutiny; and in accordance with general law and the Privacy Act 2020.  You are specifically required under section 206 of the Act to maintain secrecy in respect of all matters that come to your knowledge in the exercise of your duties and responsibilities.  You are also required to act in an impartial and politically neutral manner in all your official dealings.  You need to ensure that your personal interests and activities do not at any time interfere with, or appear to interfere with, your official obligations to the Privacy Commissioner.

You are expected to provide honest and diligent service to the Privacy Commissioner.  Once the Commissioner has made a decision, it is your duty to implement it within the law and to the best of your ability, whether or not you personally agree with it.  If your conscience or personal beliefs constrain you from doing so, you should discuss your options with your manager.  You must not do anything to circumvent or undermine the Commissioner’s policies. 

Public and media comment

All contact with the media is to be made by or through the Privacy Commissioner.  The Commissioner may also from time to time authorise particular staff to respond to media enquiries on his behalf.  Unless you are so authorised, you must immediately refer any enquiry from the media to your manager, the Commissioner or his authorised staff. 

Staff authorised to make public or media comment are expected to exercise discretion and common sense, and to respect the confidentiality, legal privilege and/or sensitivity of the information they are handling. 

Staff as private individuals 

You have the same rights of free speech and independence in the conduct of your private affairs as other members of the public.  However, you must ensure that your private activities and any contribution you make to any public debate or discussion are consistent with the need for you to maintain the trust of the Privacy Commissioner and the integrity of his office. In particular, you must not:

• make unauthorised use or disclosure of any information to which you have, or have had, official access; 
• purport to express or imply an official view of the Commissioner or his office, when you are expressing a personal view;
• express your political or other personal views, or participate in any political or other event, in a way that compromises your ability to be seen as being impartial and politically neutral in your official dealings, or compromises the integrity, impartiality or political neutrality of the Commissioner’s office, or its ability to be seen as such.

The extent to which your private activities or public comment as a private individual might have an impact on the integrity, impartiality or political neutrality of the office will depend on the nature of your specific duties and responsibilities.  It will also depend on the seniority of your position and the extent to which you are authorised to represent, or are perceived to represent, the official views of the office of the Privacy Commissioner. 

Communications with Ministers and other political representatives

You have the same rights of private access to Ministers and other political representatives as other members of the public.  However, given the requirement for you to remain impartial and politically neutral in your work, you should exercise care and judgement before making any such communications.  

As a general guide:

• you may communicate privately with any Minister, Member of Parliament or other political representative about matters outside your official duties;
• you may also communicate privately with the Minister responsible for the office of the Privacy Commissioner about matters concerning the office, but such matters should first have been raised with the Privacy Commissioner.

Given the likely political sensitivities and the need for the Commissioner’s office to remain impartial and politically neutral, all official communications with Ministers, Members of Parliament, and other political representatives are to be made only by or through the Privacy Commissioner.  Unless you are so authorised, you must immediately refer any enquiry from any political representative to your manager, the Commissioner or his authorised staff. 

Participation in public bodies or voluntary associations

You are free to stand for, or be appointed to, any office or position on a public body or voluntary association.  However, you need to ensure that any such participation does not result in a conflict of interest with your official duties and responsibilities, or compromise the trust the Privacy Commissioner has vested in you or the integrity, impartiality or political neutrality of his office.  If you are in any doubt, you should first check with your manager. If the Commissioner considers at any time that a conflict does exist with any office or position you propose to hold or already hold, it will need to be avoided or resolved. 

Standing as a Member of Parliament

You may offer yourself as a candidate for Parliament in a general election, or by-election.  If you wish to do so, you must disclose your intent to your manager. 

The Privacy Commissioner will apply the provisions of the Electoral Act 1993 as if you were a public servant as defined by the Act.  In accordance with section 52 dealing with the candidacy and election of state servants, you will be placed on leave of absence for the duration defined in the Act.  During this period of leave, you will not be required or permitted to carry out any of your official duties, or be entitled to any salary or other remuneration from the Commissioner’s office. 

Personal liability

You must at all times act in good faith when you are performing the functions of the office of the Privacy Commissioner.  The law provides you protection from civil liability when you do so.  However, if you have acted in bad faith, you will not gain that protection and may be at risk of being personally liable.

Performance of duties

You have a legal obligation to properly perform the duties for which you are paid. This obligation includes the following requirements:

• to obey the law;
• to comply with all lawful and reasonable instructions and to work as directed;
• to carry out your duties in an efficient and competent manner;
• to comply with the policies of the Privacy Commissioner, and such practices or procedures as may be adopted by his office from time to time;
• to adhere to your delegations, and not exploit or abuse any power or authority vested in you;
• to inform your manager if you become aware that anyone to whom you are related or with whom you are having, or previously had, any personal or financial relationship, becomes part of an investigation with which you are involved;
• not to give any false information or make any false declaration;
• to refrain from conduct (such as the use of intoxicants) which might impair your work performance;
• to show reasonable care for office property, resources and funds, and neither use nor allow their use for anything other than authorised purposes;
• to take proper care with the use, storage and release of any information for which you are responsible, to ensure it remains secure at all times, and is only used for authorised purposes, consistent with your obligation under section 206 of the Privacy Act 2020 to maintain secrecy in respect of all matters that come to your knowledge in the exercise of your functions under the Act;
• to incur no liability on the part of the Commissioner or his office, without proper delegation or authorisation;
• to be absent from the workplace only with proper authorisation;
• to maintain the standard of dress and personal presentation appropriate to a professional office.
   

Secondary employment 

You are required to obtain written approval from the Privacy Commissioner before undertaking any secondary employment.  The Commissioner will consider if the proposed employment may adversely affect the performance of your duties, and/or lead to any conflict of interest.  Secondary employment includes company directorships or a business that you own or have an interest in.  

If you are already undertaking secondary employment and have not already done so, you must inform your manager.  Depending on the circumstances, you may be required to give up the secondary employment.  

Respect for the rights of others 

You are expected to treat with courtesy and respect, your colleagues and anyone with whom you have official dealings.  This includes an expectation that you will:

• avoid any behaviour which might endanger or cause distress to your colleagues, or otherwise contribute to disruption in the workplace;
• refrain from allowing workplace relationships to adversely affect the performance of official duties, whether your own or others’;
• respect the privacy of individuals and the confidentiality, legal privilege and/or sensitivity of their personal information, consistent with your obligations under the Privacy Act 2020 to maintain secrecy;
• not discriminate against any person because of their sex, marital status, colour, race, ethnic or national origins, age, political opinion, employment status, family status, sexual orientation, ethnicity, disability or religious or ethical beliefs;
• not abuse, bully, harass or otherwise intimidate your colleagues or anyone else with whom you have official dealings;
• respect the cultural background of others in all official dealings;
• adopt safe working practices and actively contribute to a safe workplace.

Refer to the Workplace Bullying and Sexual Harassment policies for further guidance.
 

Integrity and avoidance of conflicts of interest

You must perform your duties honestly and impartially, and avoid any situation that might compromise, or be perceived to compromise, your integrity or the integrity of the office of the Privacy Commissioner.   

You must observe the principles of fairness and impartiality in all aspects of your work.  You should ensure that no individual or organization with whom you are personally involved is given preferential treatment over any other individual or organization, whether by access to opportunities, goods or services, or access to “inside information”.  

You should avoid any interest or undertaking that could directly or indirectly compromise the performance of your duties, or the standing of the Commissioner’s office.  This would include any situation where your actions in an official capacity could be seen to influence, or be influenced by, your private interests (e.g. company directorships, membership or office of other organizations, shareholdings or offers of outside employment).  

You must inform your manager if any actual or potential conflict of interest arises that impairs the full, effective and impartial discharge of your official duties.  The Commissioner will determine the nature and degree of the conflict, and decide upon the best course of action to resolve it.  

Any perceived conflicts of interest are to be recorded in the Formal Interests Register. 

Offers of gifts or gratuities 

You must not abuse your position for personal gain.  You must not solicit or accept gifts, rewards or benefits that might compromise, or be seen to compromise, your integrity or the integrity of the office of the Privacy Commissioner. 

As a general rule, a gift should not be accepted, whatever its nature or value, if it could be seen by others as either an inducement or a reward which might place a staff member, or the Commissioner’s office, under an obligation to a third party.  

If you receive an offer of a gift or inducement, you must report this immediately to your manager.  The Privacy Commissioner will then determine the appropriate response, or final disposal of any gift already received.  

Personal behaviour 

You should avoid any activities, whether connected with your official duties or otherwise, which might bring the office of the Privacy Commissioner into disrepute, or jeopardise its relationships with the public, Parliament, government and other stakeholders.  Whether such activities constitute misconduct will depend on the circumstances of the case and may vary according to the position you hold.  

You should inform your manager if you have committed a minor offence against the law.  Some minor offences may be of no concern if they do not involve breaches of trust, or otherwise impair your ability to fulfil your official duties.  Others may be of greater concern, particularly if some degree of publicity identifies your actions with your employment.  Parking and other minor traffic infringements need not be reported.  

You must inform your manager immediately:

• of any criminal charge laid against you in a criminal court, and any convictions you receive;
• if you apply for bankruptcy or become bankrupt

If you are convicted of a criminal offence, your continued employment will be subject to the discretion of the Privacy Commissioner. 

Refer to the Fraud Policy for further guidance.

This Code of Conduct applies to all staff of the Privacy Commissioner.  It is to be read in conjunction with individual employment agreements, and such other specific policies or guidelines as may be adopted by the Office of the Privacy Commissioner from time to time.