Act lawfully and in the public interest
Learn how to act lawfully and in the public interest as a NSW Government sector employee, with key legislation, ethical guidance and decision-making tips.
Acting lawfully
You must always follow the law and do the right thing at work. This includes following:
- the Code of Ethics and Conduct for NSW Government Sector Employees
- your department’s or agency’s code of conduct
- relevant laws and workplace policies
- any lawful direction from someone with the authority to give it.
You are responsible for:
- understanding and applying the Ethical Framework for the Government Sector and the Code
- setting a good example in ethical decision-making
- helping others in your workplace understand and apply ethical practices.
Acting in the public interest
NSW Government agencies exist to serve the people of NSW – not the personal interests of employees. This means making decisions that lead to the best outcomes for the community, not for yourself or people you know.
To act in the public interest, you must:
- treat all people you interact with in the course of your work:
- equally without prejudice or favour
- with honesty, consistency, impartiality and respect.
- place the public interest over personal interest
- uphold the law, institutions of government and democratic principles
- provide apolitical and non-partisan advice
- provide transparency to enable public scrutiny
- be fiscally responsible and use resources efficiently, effectively and prudently.
If you work for a department or agency that is subject to Ministerial direction and control, and it’s part of your role, you must:
- give apolitical and non-partisan advice to the Government of the day
- support your agency to deliver the Government of the day’s policies and programs.
Conflicts of interest
Your private interests can affect your decisions and actions at work. These may include:
- personal relationships (such as friends, family or business partners)
- community roles outside your job
- club or group memberships
- other jobs you hold (referred to as secondary employment)
- your finances or investments, including those you hold indirectly
- concerns about your personal reputation.
You must not let private interests affect your decisions. If a reasonable person might perceive that your personal interests could be favoured over your public duties, you must:
- always disclose the conflict of interest as soon as you become aware of it, by following the Code and your agency’s policy
- work with the right person in your agency to manage and resolve the conflict in the public interest, rather than in your own or another person’s interest.
Learn how to manage conflicts of interest – NSW Independent Commission Against Corruption
Responsible decision-making
You must not act in ways that are quick or easy but go against the government sector’s values of integrity, trust, service and accountability.
When you make decisions, keep clear records of:
- what decision you made
- why it was in the public interest.
Key laws government employees must follow
Below are some of the main laws that may apply to you as a NSW Government sector employee.
- Anti-Discrimination Act 1977 (NSW)
- Child Protection (Working With Children) Act 2012
- Children and Young Persons (Care and Protection) Act 1998
- Crimes Act 1900 (NSW)
- Data Sharing (Government Sector) Act 2015
- Health Records and Information Privacy Act 2002 (NSW) (HRIP Act)
- Privacy and Personal Information Protection Act 1998
- Government Information (Public Access) Act 2009
- Government Sector Employment Act 2013
- Government Sector Finance Act 2018
- NSW Legislation, Independent Commission Against Corruption Act 1988 No 35
- Ombudsman Act 1974
- Public Interest Disclosures Act 2022 No 14
- Public Works and Procurement Act 1912
- Modern Slavery Act 2018 (NSW)
- State Records Act 1998
- Work Health and Safety Act 2011