Pursuant to s.8A(1) of the Government Sector Employment Act 2013 (the GSE Act), the Public Service Commissioner, by order published in the NSW Government Gazette on Friday 10 May 2024:

1. adopted a new code of ethics and conduct for NSW government sector employees; and

2. revoked and replaced the current code taken by clause 21 of Part 5, Schedule 1 to the GSE Act to have been adopted by the Commissioner for the purposes of section 8A on 1 July 2023 with effect from 1 November 2024.

The new Code identifies mandatory requirements for all government sector employees that are consistent with Part 2 of the GSE Act (the Ethical Framework for the government sector).

Until 1 November 2024, the code set out in section 2.2 of the document entitled Behaving Ethically: A Guide for NSW government sector employees as published on the Public Service Commission’s website on 26 August 2022 remains in effect.

From 1 November 2024, the code set out in section 2.2 of the document entitled Behaving Ethically: A Guide for NSW government sector employees will continue to apply to any conduct that occurs between 1 July 2023 and 1 November 2024 as if it had not been revoked and replaced.

Key changes from current Code of Ethics and Conduct for NSW government sector employees

The Public Service Commissioner has undertaken extensive consultation under the GSE Act to develop the new Code which:

• is clear and easy to understand

• provides guidance on a broader range of foundational topics that are essential to understand and comply with when working in the government sector

• reflects changes introduced by the Public Interest Disclosures Act 2022.

Prior to the new Code coming into effect, all government sector departments and agencies must take steps to:

• align their existing codes of conduct and ethics and supporting materials to the new Code (noting that departments and agencies may supplement the Code with requirements specific to their organisation’s operating environment and business risks, but not alter or subtract from it)

• ensure employees are provided sufficient notice of, and training in, the new Code.

The Public Service Commission is available to help with this transition. Agencies may contact the Integrity and Governance team with any questions by emailing [email protected].

Employees should contact their department or agency’s HR contacts in the first instance for further information about compliance with the Code.

Kathrina Lo
Public Service Commissioner