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Amendment to Standing Orders (Code of Conduct)
Type of vote: Motion (Final Motion) - final vote Moved by: Liberals | Thursday, 29 November 2018 |
| Passed | No Division. | |
Final Motion That the Honourable Member for Clark, Ms O’Connor and the Honourable Member for Lyons, Mr Hidding be appointed to serve on the Committee of Privileges, and that the Standing Orders and Rules of the House be amended as follows:—
First Amendment:— Standing Order 2, paragraph (d), leave out all the words after 'following' and insert instead:—
"Code of Conduct:— PREAMBLE Members of Parliament recognise that their actions have an impact on the lives of all Tasmanian people. Fulfilling their obligations and discharging their duties responsibly requires a commitment to the highest ethical standards to maintain and strengthen the democratic traditions of the State and the integrity of its institutions. Compliance with the law may not always be enough to guarantee an acceptable standard of conduct. Members must not only act lawfully, but also in a manner that will withstand close public scrutiny. This Code sets out ethical standards and principles to assist Members in observing expected standards of conduct in public office and to act as a benchmark against which their conduct can be measured. Neither the law nor this Code is designed to be exhaustive, and there may be instances where Members find it necessary to adopt more stringent norms of conduct in order to protect the public interest, and to enhance public confidence and trust. In making choices about conduct, Members should have regard to community values and standards. Members should also, where possible, avoid giving unnecessary offence to groups in the community whose beliefs and views differ from those held by the Members or by groups the Member represents. Members are expected to promote and support this Code by leadership and example.
STATEMENT OF VALUES This Code is derived from the fundamental values of the institution of the Parliament in this State. By adopting and upholding this Code, all Members of Parliament share in and support these values. As Members of Parliament, we value:
ETHICAL STANDARDS Conflict of interest A Member protects and upholds the public interest by taking all reasonable steps to avoid, disclose and manage any conflict of interest that arises, or is likely to arise, between their personal interests and their official duties. A conflict of interest may be financial or non-financial and may be potential, actual or perceived. A conflict of interest does not exist where the Member, their spouse or domestic partner, relative or associate is affected only as a member of the public or of a broad class of persons. Each Member is individually responsible for avoiding and managing conflicts of interest.
Declaration of personal interests A Member is personally responsible for full and accurate disclosure of their financial and other interests, in accordance with their obligations under the Parliamentary (Disclosure of Interests) Act 1996.
Use of public office A Member makes proper use of their office to represent and serve the community, conducting themselves in ways that maintains the trust and confidence of the public. A Member must not use their influence as a Member to improperly obtain appointment, promotion, advancement, transfer or any other advantage or benefit on behalf of themselves or other persons. A Member must not appoint their spouse, domestic partner or relative to a position in their own office. A Member must not receive or seek to receive any fee, payment, retainer or reward, nor permit any compensation to accrue to their beneficial interest, for or on account of, or as a result of, their position as a Member, other than compensation to which they are entitled as a Member of Parliament.
Use of official information A Member makes appropriate use of official information strictly for the purpose of performing their role as a Member of Parliament in the best interests of the public. A Member must take care to protect confidential and official information in their possession or knowledge. A Member must not use official information which is not in the public domain, or information obtained in confidence in the course of their official duties or position, for the advantage or benefit of themselves or another person.
Use of public resources A Member uses public resources and assets strictly for the purpose of performing their role as a Member of Parliament, and in accordance with any rules and guidelines regarding the use of those resources and assets. A Member must not use public resources, or allow such resources to be used by others, for personal advantage or benefit. A Member must be scrupulous in ensuring the legitimacy and accuracy of any claim they make on the public account.
Gifts and benefits A Member must adhere to standards of transparency and accountability in relation to gifts or benefits, and carry out their duties as a Member of Parliament without being influenced by gifts or benefits. A Member must not solicit, encourage or accept gifts, benefits or favours which may improperly influence the Member in the exercise of their duties, or may give the appearance of improper influence. Exceptions to this are incidental gifts or customary hospitality of nominal value. A Member must declare gifts and benefits received, as required by the Parliamentary (Disclosure of Interests) Act 1996.
Accuracy of statements A Member must only make statements in Parliament and in public that are, to the best of their knowledge, accurate and honest. A Member must not mislead Parliament or the public in statements that they may make. Whether any misleading was intentional or unintentional a Member is obliged to correct the Parliamentary record or the public record, at the earliest opportunity in a manner that is appropriate to the circumstances.
Outside employment A Member must manage employment outside of Parliament to ensure that any such employment does not interfere with their duties as a Member of Parliament. A Member must not engage in any employment outside Parliament that involves a substantial commitment of time and effort to the extent that it interferes with their duties as a Member. Upholding the principles of respect, justice and inclusion for all Tasmanians Members agree to respect the religious and cultural beliefs of others, in accordance with the Universal Declaration of Human Rights. Members agree to uphold the principles of justice and inclusion among our multicultural society, making efforts to generate understanding of all groups. Members agree to recognise and value diversity as an integral part of Australia’s social and economic future. Members should promote reconciliation with Indigenous Australians.
Parliamentary conduct A Member conducts themselves in Parliament in ways that will protect the public interest, and enhance public confidence and trust in Parliament. A Member must observe proper standards of parliamentary conduct by complying with Standing Orders, and directions of the Presiding Officer. A Member must take particular care to consider the rights and reputations of others before making use of the unique protection available under parliamentary privilege. This privilege should never be used recklessly or without due regard to accuracy.”
Second Amendment:— Standing Order 2, repeal paragraph (e).
Third Amendment:— Standing Order 325, after "Privileges" insert "and Conduct".
Fourth Amendment:— Standing Order 325, after "Privilege" insert "or the provisions of the Code of Conduct".
Fifth Amendment:— Standing Order 325, leave out “five” insert “seven.” |
Original Motion That the Standing Orders and Rules of the House be amended as follows:—
First Amendment:— Standing Order 2, paragraph (d), leave out all the words after 'following' and insert instead:—
"Code of Conduct:— PREAMBLE Members of Parliament recognise that their actions have an impact on the lives of all Tasmanian people. Fulfilling their obligations and discharging their duties responsibly requires a commitment to the highest ethical standards to maintain and strengthen the democratic traditions of the State and the integrity of its institutions. Compliance with the law may not always be enough to guarantee an acceptable standard of conduct. Members must not only act lawfully, but also in a manner that will withstand close public scrutiny. This Code sets out ethical standards and principles to assist Members in observing expected standards of conduct in public office and to act as a benchmark against which their conduct can be measured. Neither the law nor this Code is designed to be exhaustive, and there may be instances where Members find it necessary to adopt more stringent norms of conduct in order to protect the public interest, and to enhance public confidence and trust. In making choices about conduct, Members should have regard to community values and standards. Members should also, where possible, avoid giving unnecessary offence to groups in the community whose beliefs and views differ from those held by the Members or by groups the Member represents. Members are expected to promote and support this Code by leadership and example.
STATEMENT OF VALUES This Code is derived from the fundamental values of the institution of the Parliament in this State. By adopting and upholding this Code, all Members of Parliament share in and support these values. As Members of Parliament, we value:
ETHICAL STANDARDS Conflict of interest A Member protects and upholds the public interest by taking all reasonable steps to avoid, disclose and manage any conflict of interest that arises, or is likely to arise, between their personal interests and their official duties. A conflict of interest may be financial or non-financial and may be potential, actual or perceived. A conflict of interest does not exist where the Member, their spouse or domestic partner, relative or associate is affected only as a member of the public or of a broad class of persons. Each Member is individually responsible for avoiding and managing conflicts of interest.
Declaration of personal interests A Member is personally responsible for full and accurate disclosure of their financial and other interests, in accordance with their obligations under the Parliamentary (Disclosure of Interests) Act 1996.
Use of public office A Member makes proper use of their office to represent and serve the community, conducting themselves in ways that maintains the trust and confidence of the public. A Member must not use their influence as a Member to improperly obtain appointment, promotion, advancement, transfer or any other advantage or benefit on behalf of themselves or other persons. A Member must not appoint their spouse, domestic partner or relative to a position in their own office. A Member must not receive or seek to receive any fee, payment, retainer or reward, nor permit any compensation to accrue to their beneficial interest, for or on account of, or as a result of, their position as a Member, other than compensation to which they are entitled as a Member of Parliament.
Use of official information A Member makes appropriate use of official information strictly for the purpose of performing their role as a Member of Parliament in the best interests of the public. A Member must take care to protect confidential and official information in their possession or knowledge. A Member must not use official information which is not in the public domain, or information obtained in confidence in the course of their official duties or position, for the advantage or benefit of themselves or another person.
Use of public resources A Member uses public resources and assets strictly for the purpose of performing their role as a Member of Parliament, and in accordance with any rules and guidelines regarding the use of those resources and assets. A Member must not use public resources, or allow such resources to be used by others, for personal advantage or benefit. A Member must be scrupulous in ensuring the legitimacy and accuracy of any claim they make on the public account.
Gifts and benefits A Member must adhere to standards of transparency and accountability in relation to gifts or benefits, and carry out their duties as a Member of Parliament without being influenced by gifts or benefits. A Member must not solicit, encourage or accept gifts, benefits or favours which may improperly influence the Member in the exercise of their duties, or may give the appearance of improper influence. Exceptions to this are incidental gifts or customary hospitality of nominal value. A Member must declare gifts and benefits received, as required by the Parliamentary (Disclosure of Interests) Act 1996.
Accuracy of statements A Member must only make statements in Parliament and in public that are, to the best of their knowledge, accurate and honest. A Member must not mislead Parliament or the public in statements that they may make. Whether any misleading was intentional or unintentional a Member is obliged to correct the Parliamentary record or the public record, at the earliest opportunity in a manner that is appropriate to the circumstances.
Outside employment A Member must manage employment outside of Parliament to ensure that any such employment does not interfere with their duties as a Member of Parliament. A Member must not engage in any employment outside Parliament that involves a substantial commitment of time and effort to the extent that it interferes with their duties as a Member. Upholding the principles of respect, justice and inclusion for all Tasmanians Members agree to respect the religious and cultural beliefs of others, in accordance with the Universal Declaration of Human Rights. Members agree to uphold the principles of justice and inclusion among our multicultural society, making efforts to generate understanding of all groups. Members agree to recognise and value diversity as an integral part of Australia’s social and economic future. Members should promote reconciliation with Indigenous Australians.
Parliamentary conduct A Member conducts themselves in Parliament in ways that will protect the public interest, and enhance public confidence and trust in Parliament. A Member must observe proper standards of parliamentary conduct by complying with Standing Orders, and directions of the Presiding Officer. A Member must take particular care to consider the rights and reputations of others before making use of the unique protection available under parliamentary privilege. This privilege should never be used recklessly or without due regard to accuracy.”
Second Amendment:— Standing Order 2, repeal paragraph (e).
Third Amendment:— Standing Order 325, after "Privileges" insert "and Conduct".
Fourth Amendment:— Standing Order 325, after "Privilege" insert "or the provisions of the Code of Conduct". |
All Votes
Final Motion - 29 Nov 2018 (Passed)
Motion passed with amendment.
Amendment - 29 Nov 2018 (Passed)
An amendment to include the Greens and another Liberal member on the Privileges Committee.