1. Page 1 Procurement and Probity Issues that Impact on the School Environment Presentation to the Tasmanian Schools Administrators’ Association (TSAA) Hobart 8th September 2016 Lexton Gebert Managing Director Landell

2. Page 2 Probity is the concept of procedural integrity with transparent and accountable processes that will withstand internal and external scrutiny. Communities reasonably expect government-funded entities to act ethically and with honesty, integrity, diligence and fairness. Probity

3. Page 3 Probity Essentials Impartiality Conflict of interest identification and management Accountability and transparency Confidentiality and security Procedural integrity 3

4. Page 4 Impartiality Administrators should demonstrate impartiality by: making decisions and providing advice on merit and without bias, caprice, favouritism or self- interest; acting fairly by objectively considering all relevant facts and fair criteria; and implementing Government policies and programs equitably.

5. Page 5 Conflicts of Interest A conflict of interest occurs where an administrator’s private interests can influence or be seen to influence a public duty. It can affect employees at all levels of seniority and in every area of work in the Department. A conflict of interest is not, in itself, a problem, as long as the conflict is managed effectively. Responsible management of conflicts is based on the following four principles: protecting the public interest through upholding public sector values; supporting transparency and accountability; promoting individual responsibility for integrity and impartiality; and developing an organisational culture which encourages effective management of conflicts. All employees are required to be familiar with their obligations under the Department’s conflict of interest policy and Code of Conduct.

6. Page 6 Codes of Conduct

7. Page 7 Conflicts of Interest A conflict exists whether it is actual, potential or perceived: an actual conflict of interest or duty is one where there is a real conflict between an administrator’s duties and his/her other duties or private interests; a potential conflict of interest or duty arises where an administrator has other duties or private interests that could conflict with his/her school duties; a perceived conflict of interest or duty can exist where a third party could form the view that an administrator’s other duties or private interest could improperly influence the performance of his/her school duties, now or in the future.

8. Page 8 Accountability Administrators should demonstrate accountability by: working to clear objectives in a transparent manner; accepting responsibility for their decisions and actions; seeking to achieve best use of resources; and submitting themselves to appropriate scrutiny

9. Page 9 Confidentiality and Security Administrators must maintain the confidentiality of all official information and documents which are not publicly available or which have not been published. Administrators must maintain all identifying documents and records of students, teachers and staff securely. Administrators must create and maintain full, accurate and honest records of their activities, decisions and other business transactions. Administrators must not destroy records without appropriate authority.

10. Page 10 Relevant Victorian Legislation

11. Page 11 Risk Management Risk management maximises the ability to deliver on school objectives, promotes sound decision making, works to safeguard child, student and employee wellbeing and contributes to the accountable and responsible use of public resources. A critical element of delivering effective risk management is to apply the standard process in all areas. This can include: occupational health and safety risk management for staff and students; emergency management planning and incident reporting; financial management planning including school council financial audits; the School Accountability and Improvement Framework; DET’s Fraud Control Framework and school council governance processes; the Education Outdoors planning process; and reputation management.

12. Page 12 Probity in Procurement Ethical behavior, e.g. avoiding bias –Associations with tenderers –Gifts and hospitality Maintaining confidentiality and document security Communication protocols (e.g. a single point of contact to ensure that tenderers receive consistent information) Transparency (maintaining an audit trail – keeping full and accurate records of communications and reasons for decisions) Fair and impartial treatment (consistency) Compliance with applicable processes 12

13. Page 13 Gifts, Benefits and Hospitality Policy Acceptance of gifts or hospitality can create the perception of a conflict of interest Gifts are the free or heavily discounted items, intangible benefits or hospitality exceeding common courtesy. Benefits are the privileged treatment, privileged access, favours or other advantage offered to an individual. Hospitality can range from offers of light refreshments at a business meeting to restaurant meals and sponsored travel and accommodation. Reportable gifts are those that must be recorded, typically on a gift declaration form and/or gift register. At a minimum, reportable gifts include accepted gifts, benefits and hospitality that exceed a nominal value. 13

14. Page 14 Gifts, Benefits and Hospitality Policy Whenever school administrator accept or offer gifts and hospitality they must always act fairly and objectively and maintain public trust by being honest, open and transparent. Individuals must exercise particular care in accepting gifts, benefits or hospitality if: the donor person, company or organisation is involved in a tender process with the Department or school; the donor person or organisation is the subject of, or is affected by, a decision within the Department or school’s discretionary power or significant influence; the person, company or organisation is in a contractual relationship with the Victorian Government or school council; or the employee or school councillor has been offered gifts of any kind from the same donor more than once in the last year. 14

15. Page 15 WORKSHOP Procurement / Contracts Potential Workshop Issues (Cyber)Bullying Conflicts of interest School camps Copyright Recruitment Privacy Insurance Duty of Care / Negligence Governance / Approvals Risk Management Social Media School Councils

16. Page 16 What are the probity / procurement areas you’d like to discuss? 16