Murdoch University

Code of Ethics

"There will be a sense of community in which individuals value fairness, integrity, tolerance, respect and feel that they have an obligation to others as well as to themselves."

The Code of Ethics is based on three fundamental ethical principles which have guided moral codes for centuries. These are -

• The Principle of Justice
• The Principle of Respect for Others
• The Principle of Responsible Care

Justice

Justice requires that people are fairly treated and not discriminated against, abused or exploited. It is concerned with sharing and preventing the abuse of power. Justice seeks both equal opportunities and fair shares of social benefits for individuals, with equitable outcomes for disadvantaged groups. It is based upon obedience to the laws of the country, while at the same time acknowledging the right of individuals to criticise the policies or laws of the government of the day and to pursue research which may be unpopular or controversial.

Respect for Others

This principle requires that people are treated as individuals with rights that are to be honoured and defended or, when necessary, that people are empowered to claim their rights. This respect for the rights of other people is the basis upon which individuals become members of communities and accept their social responsibilities to behave honestly and with integrity, to tolerate and respect the views of others and to cooperate with other members of the community. To be a member of a community means that individuals not only have rights but that they also have duties and responsibilities to others.

Responsible Care

This principle enshrines the belief that people have a primary moral obligation to do good and not to do harm to others. Responsible care also expresses the general requirement that we treat others as we would like to be treated. It requires that fundamental human rights are protected and that the diversity of all cultures and peoples is respected. Those who are strong enough to assert their rights have a reciprocal duty to exercise care towards those who depend on them for their well being. This principle also involves efficient stewardship of assets, resources and the environment. In a university this principle emphasises the duty of care staff have to students.

The Code stands beside but does not, of course, 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.

Formal University policies and procedures in place which address particular aspects of staff conduct are referred to in this document. If formal procedures have not been established, or 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.

Academic Freedom

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. 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 and in challenging beliefs, policies and structures.

Acceptance of Gifts or Benefits

It is unethical for staff of the University to solicit any gifts or benefits for themselves, 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. Gifts of nominal value, generally used for promotional purposes by the donor, or moderate acts of hospitality, may be accepted.

Gifts of significant value should be sent to the Registrar's Office, where they can be acknowledged and accepted on behalf of the University.

Close Personal Relationships

Members of the University should strive to achieve high professional and ethical standards. Close personal relationships 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

• avoid situations requiring them to supervise or assess a student who is a member of their family or with whom they have, or have had, a personal or other significant relationship;
• avoid situations requiring them to supervise another member of staff with whom they have or have had a relationship of the kind referred to above.

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.

Staff involved in close personal relationships which are not publicly known 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 Dean or Office or Unit Head.

The University policy statement, "Close Personal Relationships", deals with situations where close personal relationships between members of the university community may involve or lead to a breach of trust and/or a conflict of interest. Breaches of this policy may leave the University at risk for non-compliance with the Equal Opportunity Act and could involve the imposition of significant penalties.

Confidentiality of Information

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.

In particular, unless required by law, personal and official information (such as academic records) provided by and about staff and students must not be given to third parties without the informed consent of the individuals concerned.

The circumstances in which information about students can be released to third parties are described in the "Administrative Policies and Procedures Manual". Policy on access to personal information about members of staff is contained in the "Human Resources Policies and Procedures Manual".

Conflict of Interest

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.

Members of the University should

• 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.
• 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.

Fiduciary Responsibilities of Senators

Members of the Senate, as the persons responsible to the wider community for overseeing the management of the University, are expected always to act, and be seen to act, in the best interests of the University and community by

• exercising reasonable care, skill and diligence in the conduct of their responsibilities;
• acting honestly and always in the best interests of the University at large, and not in the interests of any particular groups or constituencies;
• declaring any actual or potential conflict of interest prior to the Senate or a committee of the Senate discussing any matter, withdrawing from the meeting unless given leave to remain and abstaining from voting on the matter;
• maintaining the confidentiality of information made available on that condition;
• being bound by decisions made by the Senate under its authority.

Harassment

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

• treat each other with respect and, in particular, to respect the beliefs and cultural mores of others;
• 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;
• consider the impact of their decisions on others; and
• 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.

The University policy statement, "Discrimination and Harassment Grievance Procedures", makes clear that Murdoch University rejects discrimination and harassment in all forms. Although it is hoped that the internal procedures detailed in the statement will resolve complaints, those involved retain their right at any stage to seek the intervention of external bodies such as the Equal Opportunity Commission and the Ombudsman. The University is obliged by State and Federal legislation to provide students and staff with an harassment free and non-discriminatory environment with penalties for non-compliance.

Intellectual Property

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.

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.

Private and Consultative Practice

Members of the academic staff whose contracts of employment with the University provide for this may engage in private consultative practice. The conditions under which private practice may be carried out are contained in contracts of employment.

Details of the University's policy and procedures on private and consultative practice are contained in the "Human Resources Policies and Procedures Manual".

Research

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.

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.

Use of the University's Resources

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.

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

Details of the University's policy and procedures regarding the use of its property for private purposes are contained in the "University Consultancy Guidelines".

Use of the University's Name

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.

However, 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.

The use of the University's name in the promotion or advertising of commercial products will only be approved if seen to be 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.

Details of the University's policy and procedures regarding the use of its name are contained in the "Human Resources Policies and Procedures Manual".

Official Corruption Commission Act

The University is subject to the provisions of the Official Corruption Commission Act 1988-96. The Vice Chancellor has an obligation under that Act to report possible corrupt conduct, as defined in the Act, to the Commission.

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.

Sources

This document draws upon and includes material contained in the following publications -

Roles and Responsibilities of Members of Governing Bodies of State Government Agencies - Office of the WA Auditor General (1996)

WA Public Sector Code of Ethics - WA Public Sector Standards Commission (1996)