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Approved on 17 September 2008 by Academic Council Res. No. AC/114/2008 (ii)
Last Amended   by   Res. No.  
Next Review Date September 2011
Keywords  
Trade Practices Act

Users of this policy need to be aware of the Trade Practices Act which can be found at https://www.legal.murdoch.edu.au/common/tradepractices.html

STAFF CODE OF CONDUCT

This Code of Conduct sets out standards of conduct and integrity which are consistent with the ethical values and behaviours specified in the University's Code of Ethics. It is intended to guide members of the University to identify and resolve issues of ethical conduct that may arise in the course of their employment. It is designed to assist members of the University in their dealings with each other, the University and the wider community.

The Code stands beside but does not exclude or replace the rights and obligations of members of the University under the law. Any alleged breach of the Code which falls within the scope of the disciplinary provisions of any industrial award or agreement will be treated in accordance with those provisions.

If staff are in doubt about any aspect of their conduct or that of others, they should normally raise these matters with their supervisors in the first instance. However, if it is the conduct of the supervisor which is the subject of concern, the matter should be taken up with the person to whom the supervisor reports.

1. Academic Freedom

1.1 The University recognises and protects the concept and practice of academic freedom as essential to the proper conduct of teaching, research and scholarship within the University, within the academic context and exclusive of processes in relation to service provision and functionality of the University. Academic freedom carries with it the duty of academics to use the freedom in a manner consistent with a responsible and honest search for and dissemination of knowledge and truth. Within the ambit of academic freedom lies the traditional role of academics in making informed comment on social mores and practice, including comment that challenges beliefs, policies and structures. However, the language used in exercising academic freedom must be in accordance with the principles of justice and respect.

2. Acceptance of Gifts or Benefits

2.1 It is unethical for staff of the University to solicit any gifts or benefits for themselves (including hospitality), or to accept gifts or benefits which might in any way compromise or influence them in carrying out their duties, or which might reasonably be seen by others as an inducement which places a staff member under an obligation. Hospitality or gifts of nominal value (less than $300), generally used for promotional purposes by the donor, may be accepted.

2.2 Gifts of greater value should be sent to the Office of Legal and Governance where they can be acknowledged and accepted on behalf of the University. Provision of hospitality to staff by an external party above the nominal value per person ($300) should be notified to the Office of Legal and Governance for entry onto the conflicts of interest register.

3. Close Personal Relationships

3.1 Close Personal Relationships “CPR” are those between family members or someone with whom a person has, or had had a personal or other significant relationship with. Members of the University should strive to achieve high professional and ethical standards. CPRs between members of the University community may place this objective at risk, or might reasonably be seen by others to involve a breach of trust and/or a conflict of interest.

In particular, staff should

3.1.1 avoid situations requiring them to supervise or assess a student with whom they have, or have had, a CPR;

3.1.2 avoid situations requiring them to supervise another member of staff with whom they have or have had a CPR;

3.1.3 not be included in any recruitment activity involving an applicant with whom they have or have had a CPR.

    3.2 Where both a supervisory role and significant relationships between staff members are unavoidable, supervision must be openly seen to be of the highest professional standard and neither unfairly advantaging or disadvantaging the supervisee.

3.3 Staff involved in CPRs whether publicly known or not and where there could be, or could reasonably be seen to be, a breach of trust and/or conflict of interest, are required to declare the relationship to their School Dean, or Head of Office or equivalent.

4. Confidentiality of Information

4.1 Members of the University are required to respect individuals' rights to privacy and undertake to treat in confidence all information supplied to them on that basis.

4.2 Unless required by law, personal and official information provided by and about staff and students must not be given to third parties without the informed consent of the individuals concerned.

5. Conflict of Interest

5.1 Confidence in the University and its members is put at risk when the conduct of a member does, or may reasonably appear to, involve a conflict between their private interests and their obligations to the University.

5.2 Members of the University should:

5.2.1 declare any actual or potential conflict of interest in any matter under discussion by a University committee or body of which he or she is a member prior to the discussion of that matter. The member should withdraw from the meeting unless given leave to remain and must abstain from voting on the matter.

    5.2.2 take care that their financial and other interests and actions do not, or may not reasonably seem to, conflict with the obligations and requirements of their University position.

6. Harassment

6.1 The University strives to provide an environment which is free from all forms of harassment and its members have an obligation to:

6.1.1 treat each other with respect and, in particular, to respect the beliefs and cultural mores of others;

6.1.2 avoid any form of harassment based on the grounds of sex, race, age, marital status, physical or intellectual ability, sexual preference, political conviction or religious belief;

6.1.3 consider the impact of their decisions on others; and

6.1.4 refrain from acting in any way so as to, or with the intention to, unfairly harm the reputation or career prospects of other members of the University.

7. Intellectual Property

7.1 The University has established mechanisms by which equitable returns will be provided to staff or students who are the originators of intellectual property exploited by the University for commercial purposes.

7.2 Statute No. 18 — Intellectual Property specifies the respective rights and obligations of the University, its staff and students in relation to intellectual property belonging to the University and sets out procedures for the identification, protection and commercialisation of such property.

8. Private and Consultative Practice

8.1 Conflicts of Interest
A Private Consultancy must not give rise to a real or potential conflict of interest with a University Entity. In particular, a Private Consultancy must not:

8.1.1 be undertaken during University time or utilising University resources without compensation to the University;

8.1.2 compete with services provided by a University Entity on a commercial basis; or

8.1.3 offer services within an area where a University Entity would normally offer services on a commercial basis.

8.2 Employees should also be conscious of their duty of loyalty to the University. In particular, it would be a breach of that fiduciary duty if an Employee was to treat an approach to undertake a Consultancy as a Private Consultancy without disclosing it and obtaining approval in accordance with this policy.

9. Research

9.1 The University expects all those engaged in research to observe high ethical standards in the conduct of that research and, when relevant, to comply with the obligations imposed by the codes of practice of the National Health and Medical Research Council.

9.2 The University's "Code of Conduct for Research" provides a framework for sound research procedures and for the protection of individual researchers from possible misunderstandings. The Code also draws the attention of staff and students to their obligations concerning the retention and location of data, authorship and conflict of interest in research activities.

10. Use of the University's Resources

10.1 It is expected that staff will be efficient and economical in their use of University resources, and not permit the abuse of these resources by others.

10.2 University property must not be used for private purposes unless this is approved in accordance with University policy.

11. Use of the University's Name

11.1 Members of the University's staff are encouraged to contribute to public debate as concerned citizens. Members of staff writing or speaking publicly in professional or expert capacities may identify themselves by their University appointment or qualifications and may, for that purpose, use the name of the University, at the same time making it clear that any views expressed are their own.

11.2 Members of staff commenting publicly on public issues other than in professional or expert capacities must do so from private addresses and should not use the name of the University, or otherwise identify themselves as members of the University.

11.3 The use of the University's name in the promotion or advertising of commercial products will only be approved if seen to be of direct benefit to the University. Members of staff may not use or allow the use of the name of the University or identify themselves as employees of the University in the public promotion or advertising of commercial products without prior approval.

12. Official Corruption Commission Act

12.1 The University is subject to the provisions of the Corruption and Crime Commission Act. The Vice Chancellor has an obligation under Corruption and Crime Commission Act to report possible corrupt conduct, as defined in the Act, to the Commission.

12.2 Staff and students who suspect the occurrence of corrupt conduct affecting University activities should report this to their supervisor, or if the supervisor is the person suspected of this conduct, to the person to whom the supervisor reports.

13. Relevant University policies

13.1 Staff are expected to be familiar with University policies and procedures that support this Code of Conduct.

RESPONSIBILITIES:
Responsible Officer Director Human Resources
Implementation Officers Director Human Resources
Information Contact Officer Director Human Resources

 

RELATED MATERIALS/POLICIES:

Code of Conduct for Research
Intellectual Property Regulations
Corruption and Crime Commission Act

 

REVISION HISTORY:
Approved / Amended / Rescinded Date Committee Resolution Number
Approved 17 September 2008 Academic Council AC/114/2008 (ii)