Code_of_Conduct

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					code of
conduct
safe, clean and reliable
passenger services
safety
customer service
teamwork
integrity
respect
continuous improvement
    Contents
                                  Page
    Message from the Chief Executive 3
    RailCorp’s Values                4
    1. Introduction                  4
    2. Acceptable behaviour
        and responsibilities         5
    3. Safety                        7
    4. Alcohol, drug and smoke
        free workplace               9
    5. Sustainability and the
        environment                 11
    6. A discrimination,
        harassment and
        bullying-free workplace     12
    7. Fairness and equity          14
    8. Use of resources             15
    9. Gifts and benefits
        (including hospitality)     17
    10. NSW Government
        Lobbyist Code
        of Conduct                  18
    11. Use of information and
        intellectual property       18
    12. Conflict of interest        20
    13. Secondary employment
        and emergency services
        work                        22
    14. Public comment              24
    15. Corrupt conduct,
        maladministration
        or serious and
        substantial waste           25
    16. Child Protection in the
        Workplace                   27
    17. Obligation after leaving
        RailCorp                    28
    18. Dealing with breaches
        of the Code                 28
    19. Industrial activities       29
    20. Applicable laws             29
    21. Relevant RailCorp policies
        and procedures              30
    22. Assistance                  30



2
Message from the Chief Executive
The RailCorp Code of Conduct outlines the minimum standards that are
expected of each employee, contractor and consultant who works here.
Achieving – and exceeding –                   I encourage you to read this revised
these standards will help build an            version so that you are aware of what is
organisational culture in which everyone      expected of you during your work with
feels respected and proud. This will in       RailCorp – and what is expected of your
turn improve efficiency and enhance our       colleagues. I also encourage you to seek
customers’ satisfaction with RailCorp.        guidance from a senior manager if you
The Code also provides an ethical             do not understand what this Code
framework to guide our decisions,             requires, or if you come across a
actions and behaviour whenever and            situation where you are not sure how
wherever relevant to our work and             you ought to respond.
responsibilities. While the Code cannot       By meeting the standards outlined in this
provide an answer to every ethical            Code we will each be helping to build an
challenge that we may face, the               organisation that is recognised for
principles and examples provided here         delivering safe, clean and reliable
will assist each of us to better              passenger services in an honest, fair,
understand our obligations to act             responsible, professional and efficient
ethically and professionally.                 way. These outcomes will not only meet
The Code has recently been revised to         the expectations of our ‘shareholders’,
clarify our obligations regarding conflicts   the people of NSW, they will also bring
of interest, secondary employment and         greater job satisfaction for every
emergency services work (especially in        individual who works here.
relation to those who are directly involved
in procurement), gifts and benefits,
engaging with professional lobbyists and
child protection in the workplace.
Each of us is responsible for our own
actions and for understanding our             Rob Mason
obligations under this Code of Conduct.       Chief Executive




                                                                                          3
       The Code of Conduct is based
       on RailCorp’s corporate values:

       Safety                                    Respect
       We will put safety first                  We will treat our customers and
                                                 each other with respect
       Customer service
       We will work hard to provide quality      Continuous
       customer service                          improvement
                                                 We will encourage and support
       Teamwork                                  each other to improve the quality
       We will work together                     and productivity of our work,
                                                 our systems and our assets.
       Integrity
       We will have a just culture and
       will be honest and ethical




    1 Introduction
    The RailCorp Code of Conduct                 RailCorp will take action in relation to
    establishes the acceptable behaviours        any breach of the Code. For employees
    and responsibilities expected of all         such action may range from performance
    RailCorp employees, contractors and          counselling to disciplinary action
    consultants.                                 (including dismissal).
    The Code applies to all RailCorp             The Code operates in conjunction with
    employees, contractors and consultants.      the legal and regulatory requirements of
    It is essential that we understand all the   Federal and State laws and RailCorp’s
    requirements of the Code, its supporting     policies, procedures and rules.
    policies and procedures, delegations
    and instructions. This is because we are
    responsible for our actions and behaviour,
    including any failures to take action.
    We are also accountable for our actions.
    You may be asked why you have chosen a
    particular course of action to demonstrate
    that a decision you have made is
    reasonable in the circumstances and is
    fair and equitable.




4   Introduction                                                             Code of Conduct
2        Acceptable behaviour
         and responsibilities
We are all responsible for
behaving positively
RailCorp employees, contractors             rules and job requirements. In your work at
and consultants are to comply at            RailCorp you must:
all times with the behaviours outlined      •	 Carry out your duties carefully, safely,
in this Code of Conduct. You are               honestly, courteously and fairly
also to adhere to the following
                                            •	 Be aware of possible conflicts of interest
general principles:
                                               and breaches of the Code and notify a
•	 Put safety first in everything we do        General Manager, other senior manager
•	 Always act in the best interest             or the Corruption Prevention Line
   of RailCorp                                 (Telephone 1800 629 826 or 21690 or
                                               email: Corruptionprevention@railcorp.
•	 Maintain and promote high levels of
                                               nsw.gov.au) as appropriate
   acceptable behaviour
                                               U
                                            •	 	 se	your	authority	and	delegation/s	in	
•	 Help to build and maintain a culture
                                               an appropriate and unbiased way for the
   that is just and fair to all (known
                                               intended work related purposes
   as a ‘Just Culture’ in RailCorp).
                                               U
                                            •	 	 se	RailCorp	resources	properly,	
As an employee, contractor or consultant
                                               efficiently and economically
of RailCorp you are responsible for the
way you behave and your actions. All your      T
                                            •	 	 reat	members	of	the	public	and	
decisions must be ethical and comply           colleagues fairly, consistently and
with	legislation,	enterprise/collective	       with respect
agreements, awards, policies, procedures,




Code of Conduct                                     Acceptable behaviour and responsibilities   5
    •	 Be honest and accurate in timekeeping        If you are a manager or supervisor, you
       and in meeting attendance requirements       have additional responsibilities. You must:
    •	 Immediately inform the General Manager       •	 Lead by example
       HR Business Partners if you have been        •	 Promote the highest standards of
       charged or convicted of a serious               professional conduct
       criminal offence (an offence punishable
       by imprisonment for six months or            •	 Ensure you do not permit or
       longer) or any other offence which              encourage any employee to act in
       prevents you from performing your full          breach of the Code
       range of duties safely (for example losing   •	 Maintain the integrity and security of
       your driver’s licence or drink driving          official documents or information
       offences). If you are convicted by a court   •	 Ensure you properly and diligently
       of a serious criminal offence, RailCorp is      discharge your supervisory
       entitled to take disciplinary action            responsibilities
    •	 Create and maintain full and accurate        •	 Ensure employees, contractors and
       records of work performed, including            consultants have access to all RailCorp
       reasons for your decision making                information, including this Code, policies,
    •	 Provide fair, accurate and                      procedures and rules, required to carry
       appropriate advice                              out their work diligently
    •	 Consider in your decision making any         •	 Provide advice and assistance to
       adverse impacts on the environment              employees wherever necessary
    •	 	 eport	unethical,	dishonest	and/or	
       R                                            •	 Be aware that you can be held
       corrupt conduct                                 accountable if you have been negligent
    •	 Present yourself in a businesslike and          in your supervisory role e.g. if you knew
       professional manner i.e. neat, tidy and         that a problem existed and did not take
       clean and wearing correct uniforms and          corrective action.
       specified safety equipment                   Supervisors and managers are, in
    •	 Keep up to date with advances and            many cases, accountable for what their
       changes in your area of expertise            employees, contractors and consultants
                                                    do or fail to do.
    •	 Not knowingly make a false statement
    •	 Carry out all lawful directions from         If you are uncertain about what is
       managers/supervisors	to	the	best	of	         required of you under this Code, you
       your ability.                                should immediately seek advice from
                                                    your manager, supervisor or from your
                                                    HR Business Partner. Always ask for
                                                    help if unsure.




6   Acceptable behaviour and responsibilities                                     Code of Conduct
3 Safety
We will put safety first


RailCorp’s Safety Vision is a                      r
                                                •	 	eport	to	a	manager/supervisor	
‘safe railway, a safe workplace,                   any incident causing potential or
a safe culture’. To achieve this vision            actual injury, unsafe equipment or
we put safety first in everything we               work practices
do, and have a Safety Management                   t
                                                •	 	ake	care	with	your	own	safety	and	
System (SMS) that enables us to                    the safety of other people
meet this requirement.
                                                   c
                                                •	 	 omply	with	any	reasonable	request	for	
Our SMS also integrates the requirements           giving aid or preventing a risk to others
of a number of pieces of legislation,
                                                •	 participate in consultative processes
particularly the Rail Safety Act and the
                                                   to improve and enhance safety
Occupational Health and Safety Act.
Employees are required to comply with           •	 use safety equipment, uniforms and
the	requirements/standards	as	set	out	in	          protective clothing as provided
the SMS.                                        •	 keep the workplace clean and tidy
Each RailCorp employee and contractor           •	 report any interference, obstruction,
has a part to play in making sure that:            or misuse of anything provided for the
•	 	 ur	customers	enjoy	safe,	clean	and	
   o                                               safety of people in the workplace.
   reliable passenger services                  If you are a line manager you are
•	 	 ur	work	environment	is	safe	and	
   o                                            responsible to ensure that:
   free from hazards                               y
                                                •	 	 our	actions	demonstrate	your	
•	 	 e	work	safely	and	don’t	endanger	
   w                                               commitment to safety
   our colleagues.                              •	 workplaces	are	kept	in	a	safe	condition
We	share	the	four	Universal	Safety	                e
                                                •	 	 mployees	have	the	information,	
Responsibilities that define RailCorp’s            instruction, training and supervision
expectations of us to:                             necessary to ensure safety
•	 avoid	taking	unjustifiable	risks                y
                                                •	 	 ou	apply	Just	Culture	principles	when	
•	 avoid	causing	harm                              performing your role
•	 follow	the	Safety	Management	System             y
                                                •	 	 ou	are	available	to	employees,	
                                                   contractors and consultants who seek
•	 be	prepared	to	work	safely.
                                                   advice or assistance.
As a RailCorp employee, contractor or
                                                Inform your line manager if you are
consultant you are responsible to:
                                                concerned about a safety issue. You can
   e
•	 	 xercise	appropriate	behavioural	choices	   also contact your safety representative or
   and report to work fit for duty              refer to the Safety Management System
•	 	ollow	the	safety	procedures,	rules,	
   f                                            (SMS) on reporting a hazard.
   and guidelines or instructions that apply
   in your workplace




Code of Conduct                                                                            Safety   7
                                                    Safety       Examples
                                                    You have been asked to do a
                                                    job which requires use of correct
                                                    harnesses. The harnesses are
                                                    uncomfortable and you have done
    If you see suspicious behaviour or a            this job many times before and
    security incident on any RailCorp property,     nothing has happened to you. You
    stations or rolling stock you should report     are tempted to do the job without
    it as soon as you become aware of it or,        harnesses but don’t because safety
    where this is not practical, as soon as         is your first priority.
    possible afterwards.
    To report a security incident or suspicious     On your way to work you notice
    behaviour which is occurring now, or any        that an access gate has been left
    serious security incident or risk (i.e. where   open. Rather than ignoring it you
    an immediate response or follow up is           report it to RailCorp Security Centre
    required), call the 24 hour RailCorp            so that action can be taken to
    Security Control Centre on (02) 9379 4444       secure the rail corridor. Your action
    or 94444.                                       keeps passengers safe and helps
    To report other security incidents or to        prevent unauthorised access.
    provide intelligence about a security issue
    (i.e. where an immediate response or follow
    up is not required) use the online Security
    Reporting System (SRS) available via the
    RailCorp intranet or call (02) 9379 1700
    or 91700.




8   Safety                                                                     Code of Conduct
4        Alcohol, drug and
         smoke free workplace
We maintain an alcohol,
drug and smoke free workplace
As part of RailCorp’s commitment                Employees, contractors and consultants
to safety we also require all employees,        are not permitted to have or sell alcohol
contractors and consultants to be               or prohibited drugs or prohibited plants
alcohol and drug free while on duty             or be in possession of any item or
and not to smoke on any RailCorp                equipment for the use or the administration
land, property or workplace.                    of a prohibited drug or plant on
                                                RailCorp premises.
Safety is our priority.
                                                It is an individual’s responsibility to
RailCorp is a drug and alcohol free             ensure that they are drug and alcohol
workplace. All employees, contractors and       free at work.
consultants may be subject to random or
targeted testing for drugs and alcohol.         If you are taking a prescribed or non-
                                                prescribed drug which might adversely
Any RailCorp employee, contractor or            affect your work performance, or pose
consultant will breach the requirement          a risk to your safety or that of others,
of a drug and alcohol free workplace if         you must let your supervisor or manager
they return:                                    know. If you are assessed as being able
   a
•	 	 	drug	level	that	is	at	or	above	the	       to continue work, your supervisor or
   cut off level stipulated by the Australian   manager must accommodate your
   Standards	AS/NZS	4308	                       individual needs if practical, while
•	 	 n	alcohol	level	that	is	at	or	above	
   a                                            maintaining safety standards.
   0.02% blood alcohol concentration.           Inform your supervisor, manager or HR
Employees who breach these standards            Business Partner if you are concerned
or who refuse a drug or alcohol test will be    about your safety because you believe you
subject	to	counselling	and/or	disciplinary	     are working with an employee who may be
action. Serious or ongoing breaches             abusing	drugs	and/or	alcohol.	
may result in dismissal. Contractors and        Smoking is not permitted in any RailCorp
consultants risk contract termination for       workplace. The Smoke-free Environment
breaching these requirements.                   Act and the Occupational Health and
Railway employees, contractors and              Safety Act combine to make it mandatory
consultants who undertake railway safety        for there to be no smoking in enclosed
work are also subject to the provisions of      places and in any workplace. Examples
the Rail Safety Act 2008 and Rail Safety        of ‘workplace’ include:
(Drug and Alcohol Testing) Regulation              t
                                                •	 	rain	cabs	and	RailCorp	vehicles
2008. Breaches of the above drug or                c
                                                •	 	 overed	passenger	platforms,	
alcohol levels or testing requirements may         workshops, trains, station rooms and
also be subject to prosecution action in           offices, waiting areas and any covered
a court of law.                                    areas at maintenance depots and sites




Code of Conduct                                         Alcohol, drug and smoke free workplace   9
        b
     •	 	 uilding	entrances	and	lobbies,	
        stairwells, elevators, toilets, meal rooms,   Drug and alcohol          Example
        lounge areas, training rooms, conference      You attend a birthday party on a
        rooms and meeting rooms                       Sunday night and drink more than
     •	 	 ny	area	in	the	vicinity	of	other	
        a                                             you intend. On Monday morning
        employees on construction sites,              as you prepare to go to work
        in the rail corridor or in possessions.       you realise that you are probably
                                                      over the 0.02% blood-alcohol
     Counselling for personal or other issues
                                                      level. You phone your manager to
     (including quitting smoking) is provided
                                                      advise that you believe that you
     through the RailCorp Employee Assistance
                                                      are not fit for duty. This is the first
     Program (Telephone 1300 364 213,
                                                      time in your 14-year service
     24 hours per day).
                                                      that you declare that you are not
                                                      fit for work as a result of alcohol
                                                      consumption. Your manager is
                                                      confident that this was a unique
                                                      situation and no further action
                                                      is required. In this case you
                                                      demonstrated responsibility
                                                      for workplace safety.




10   Alcohol, drug and smoke free workplace                                       Code of Conduct
5        Sustainability and
         the environment
We all have a role in
protecting the environment
Environmentally sustainable design,
planning and construction form              Sustainability and the environment
the underlying basis for future             Example
development of the public transport         You take any rubbish you find on a
system. Environmental incidents             train and dispose of it properly – you
and pollution are preventable and           do not throw it out of the cab onto
we are moving towards creating              the tracks because this would be in
communities that work with the              breach of the Code.
natural environment to reduce
energy usage and minimise waste.
You have a role to play in protecting the
environment and achieving outcomes
that can be maintained in the long term.
You should be aware of the impact of
your work on the work environment and
the community.
RailCorp employees, contractors and
consultants must demonstrate a
commitment and willingness to comply
with environmental legislation and
regulations as well as RailCorp’s
environmental policy. Employees,
contractors and consultants must
also adhere to the following
underlying principles:
   E
•	 	 mployees,	contractors	and	
   consultants are to protect the
   environment at their worksites
   M
•	 	 anagers	are	to	show	leadership	
   and commitment towards assessing
   and managing environmental risks
   D
•	 	 amage	to	the	environment	should	
   be minimised and corrected
   T
•	 	 he	natural	and	cultural	heritage	
   should be conserved




Code of Conduct                                        Sustainability and the environment   11
     6        A discrimination, harassment and
              bullying-free workplace
     We value equity and diversity
     in the workplace
     RailCorp is required by law to provide              •	 Disability	(physical,	mental	or	intellectual)
     a work environment that is free                        F
                                                         •	 	 amily	responsibilities	
     from harassment, discrimination,                       (carers, parental responsibilities)
     victimisation and bullying.
                                                         •	 Religious	beliefs	or	political	convictions
     You must not discriminate, victimise,
     intimidate or harass any other employees,           •	 Sexual	orientation
     contractors, consultants or members of              •	 Transgender	(transexuality)
     the public for any reason including but not         •	 HIV/AIDS
     limited to:
                                                         •	 Political	or	trade	union	affiliations
     •	 Sex/gender
                                                         •	 Trade	union	activity/inactivity	
     •	 Marital	status
                                                         •	 Medical	conditions.
     •	 Pregnancy
                                                         Such harassment or discrimination
     •	 Age                                              may constitute an offence under the
     •	 	 ace	(including	ethnic,	religious	or	
        R                                                Anti	Discrimination	Act	1977	(NSW)	
        national origin)                                 and Commonwealth discrimination laws.




12   A discrimination, harassment and bullying-free workplace                            Code of Conduct
Harassment is a form of discrimination.
It is any unwanted, unwelcome or uninvited          Discrimination and harassment
behaviour that makes a person feel                  Examples
humiliated, intimidated or offended.                You notice that a new employee is
Harassment is not always intended.                  being subjected to verbal taunts and
                                                    exclusionary behaviour as a direct
Bullying may or may not be harassment
                                                    result of his ethnic background.
or discrimination, but nevertheless creates
                                                    You notify the manager of this
a hostile or unpleasant environment, and
                                                    inappropriate behaviour. The manager
may result in a breach of Occupational
                                                    initiates a discussion with the
Health and Safety Legislation.
                                                    employees regarding discrimination
Supervisors and managers must make                  and harassment issues and the types
sure the workplace is free from all forms of        of behaviour that are inappropriate
harassment, discrimination and bullying.            in the workplace. Subsequently,
They should understand and apply the                the negative behaviour towards the
principles of equal employment opportunity          new employee ceases.
and ensure the employees, contractors
and consultants they supervise are                  You are a new RailCorp employee
informed of these principles. Supervisors           and are appointed to an established
and managers should take all necessary              work unit. The current employees in
steps, such as training and other active            the unit are resentful as they had not
measures, to prevent and deal with                  been consulted about your
harassment, discrimination, victimisation           appointment. They create a very
and bullying in their work area.                    unwelcoming environment and
                                                    you feel isolated and intimidated.
Further	information/advice	on                       The manager of the unit observes
   R
•	 	 esolving	grievances:	refer	to	the	             this situation and works with the team
   Grievance Resolution Procedure or                to clarify the principles of merit
   contact the Grievance Advisory Service           selection and to develop an
   on (02) 8922 4849 or 1800 015 743 or             understanding of expectations
   gas@railcorp.nsw.gov.au                          regarding appropriate behaviour
•	 	 trategies	to	eliminate	discrimination,	
   S                                                and teamwork. The manager’s
   harassment and bullying: contact                 intervention results in positive
   the	Equity	and	Diversity	Unit	by	email	          change in the behaviour.
   equityanddiversity@railcorp.nsw.gov.au
   or on 8922 0222 or 20222.




Code of Conduct                            A discrimination, harassment and bullying-free workplace   13
     7 Fairness and equity
     We are committed to a fair
     and open workplace

     As a RailCorp employee, contractor                •	 Not repeat official confidential information
     or consultant any information or advice              about others (particularly their personal
     you give, or any decisions you make,                 circumstances), unless doing so is
     should be dealt with consistently,                   necessary to fulfil your duties as a
     promptly and fairly. This involves                   RailCorp employee, contractor or
     dealing with matters in accordance                   consultant.
     with RailCorp procedures, in a                    Procedural fairness must be applied at
     non-discriminatory manner, and in                 RailCorp. This requires that people who are
     conformity with procedural fairness.              significantly affected by a decision have the
     You may be asked why you have                     right to put forward their case. Further, the
     chosen a particular course of action              subsequent decision must be made in a fair
     and to demonstrate that a decision                and impartial manner. You also have
     you have made is reasonable in                    the right to be represented by your union
     the circumstances, and is fair                    or another chosen representative.
     and equitable.                                    All complaints must receive fair and equitable
     When making a decision, you should                treatment and be managed in a timely,
     ensure that you:                                  unbiased, sensitive and confidential manner.
     •	 Take	all	relevant	facts	into	consideration		
        and make decisions based on facts
        A
     •	 	 ssess	the	particular	merits	of	each	
        case, and not take irrelevant matters            Fairness and equity         Examples
        or circumstances into consideration.             You are working as a CSA on a
     RailCorp has resources to help you make             station and are cleaning the platform
     sure your decisions are fair and equitable.         when you see a wallet lying on a seat.
     These	include	approved	supplier/contractor	         You take the wallet to the manager
     lists and recruitment procedures. You               on duty and follow the process of
     must refer to and use such information              reporting lost property. The customer
     where relevant.                                     is able to recover his wallet and writes
                                                         a complimentary letter about you
     In your dealing with others you must:
                                                         to management. The team leader
     •	 Behave ethically and courteously                 praises you for your honesty and lets
        and treat the public, customers                  all team members know about
        and co-workers with respect                      the incident.
     •	 Show professionalism
                                                         One of your team members has done
     •	 Not allow considerations that are                something that upsets you. A person
        irrelevant to the workplace to affect            from another team tells you a rumour
        your judgement or affect how you                 about that person’s personal life. You
        treat others                                     tell them that you do not want to hear
     •	 Not start rumours or participate in the          or participate in gossip or rumour
        spreading of rumours or accusations              spreading because you would not
                                                         like it to happen to you – and it is in
                                                         breach of the Code.


14   Fairness and equity                                                             Code of Conduct
8 Use of resources
We will use facilities and resources
efficiently and economically

RailCorp resources include:                supervisor in your work area as soon as
•	 Material,	equipment	and	vehicles        possible. Such private use will be subject
                                           to Fringe Benefits Tax (FBT).
•	 Financial	resources
                                           Fuel cards must only be used for the
   D
•	 	 ocuments,	data,	records,	emails	      specific vehicle to which they are allocated.
   and email attachments, internet
   and other information                   Except in unusual circumstances or one-off
                                           situations that provide a specific benefit
•	 Your	designated	work	time.	             to RailCorp, you must not carry non-work
You must not use RailCorp’s facilities     related passengers in RailCorp vehicles.
or equipment for private purposes,         You are not permitted to drive a RailCorp
except as described below.                 vehicle without a valid or appropriate class
                                           of licence. If you have an accident without
RailCorp vehicles                          a valid or appropriate class of licence,
You must not use RailCorp fleet vehicles   RailCorp’s insurance may not cover you.
for private use except in an emergency     If you are required to drive a RailCorp
or exceptional circumstance. If such an    vehicle and your licence is cancelled or
emergency or exceptional circumstance      suspended you must tell your manager or
occurs	you	must	notify	a	manager/          supervisor immediately.




Code of Conduct                                                          Use	of	resources   15
     Use of RailCorp funds and
     Purchase Cards                                         Use of RailCorp equipment
     Items purchased with RailCorp funds                    Examples
     must be intended and used for RailCorp                 You are a RailCorp employee and
     purposes only. Procurement cards                       in the course of your duty you are
     must only be used to purchase items                    often required to drive a RailCorp
     for RailCorp.                                          vehicle and take it home with you.
                                                            On weekends you are constantly
     Limited private use                                    under pressure to transport
     You may use some RailCorp facilities (for              children to sporting events in
     example, telephones, photocopiers or                   this vehicle. You explain that you
     computers) for limited private use. Private            can only use the vehicle for work
     use must not provide financial benefit to              related business.
     you or another person and must be minor,
     at minimal or no cost to RailCorp and                  You receive an email that contains
     be safe.                                               racist jokes which make fun of
     Private use of resources for purposes                  a certain group of people. You
     unrelated to RailCorp’s business is                    delete the email and send a
     prohibited if it is illegal, unethical, anti-social,   separate email to the sender
     used to gain personal profit or interferes             telling them that you do not want
     with you carrying out your job.                        to receive any such emails in
     RailCorp internet, email, or computer                  future. You do not forward the
     systems must not be used to create,                    email to other people as this
     access, store or distribute pornographic,              would be a breach of RailCorp’s
     harassing, obscene, threatening, sexist,               Code of Conduct and ICT Service
     sexually explicit, racist, discriminatory              Access and Usage Policy.
     or offensive material. RailCorp computer
     systems and resources are not to be
     used to access, download, copy, store or
     play non-work related videos, audio or music
     files.	Use	of	email	and	the	Internet	through	
     RailCorp computer systems is monitored for
     appropriate usage. Employees, contractors
     and consultants must read and agree to
     apply the RailCorp ICT Service Access
     and Usage Policy before using RailCorp
     computer or communications equipment.
     You must care for RailCorp equipment used
     at home and any uniforms or protective
     clothing issued to you.




16   Use	of	resources                                                                Code of Conduct
9      Gifts and benefits
       (including
       hospitality)
                                              Gifts and benefits        Examples
                                              You are attending a working group
                                              that is being held at the offices of a
                                              consultant to RailCorp. The consultant
                                              has arranged for a light sandwich lunch
                                              to be brought in to enable the group to
We will act with                              maximise the work time available.
integrity in all we do                        You may accept this hospitality.

The acceptance of gifts and benefits          You are invited to a private function
has the potential to compromise us            being held by a contractor that
in our role at RailCorp because we            includes drinks, dinner and
may appear to be unable to make               entertainment. You refuse the offer
an unbiased decision in the future in         because it could compromise you in
respect to the person or organisation         your future dealings with the contractor
who provided the gift or benefit.             or create the perception that you have
                                              been compromised. You complete a
Gifts and benefits include any goods or       Gifts and Benefits (including Hospitality)
services or other arrangements which          Declaration Form and email it to the
have a value to the recipient and for which   Corruption	Prevention	Unit.
RailCorp does not pay. Gifts and benefits
include cash, hospitality, accommodation,     A contractor who performs works
travel, the provision of ‘free’ labour or     for your team in the field offers to
equipment for private use, or the promise     sponsor a golf day for your team. You
of a job in the future.                       politely decline the offer as it could
Gifts and benefits may only be accepted       compromise you in your future dealings
by RailCorp employees, contractors and        with the supplier and you complete a
consultants where there is no actual or       Gifts and Benefits (including Hospitality)
perceived influence over the individual’s     Declaration Form and email it to the
role at RailCorp, in accordance with the      Corruption	Prevention	Unit.
requirements set out in the Gifts and
Benefits (including Hospitality) Procedure.   You have been working closely with
                                              a private company that supplies
You must not seek any gifts or benefits       RailCorp with the majority of their
(including hospitality) from any person       stationery requirements. It is Christmas
or organisation.                              time and the company sends you a
For further information or guidance           food hamper. You realise that if you
refer to the RailCorp Gifts and Benefits      accept the hamper you might be
(including Hospitality) Procedure or speak    compromised in your future dealings
to your manager or contact the Corruption     with this company. You contact the
Prevention Line (Telephone: 1800 629 826      company and thank them for their
or 21690 or email: corruptionprevention@      generosity but explain why you are
railcorp.nsw.gov.au).                         unable to accept the gift and make
                                              arrangements for the hamper to be
                                              returned and keep a record of the
                                              return and you complete a Gifts
                                              and Benefits (including Hospitality)
                                              Declaration Form and email it to the
                                              Corruption	Prevention	Unit.	




Code of Conduct                                      Gifts and benefits (including hospitality)   17
 10             NSW
                Government
                Lobbyist Code
                                                    11          Use of information
                                                                and intellectual
                                                                property
                of Conduct                          We will maintain high levels
                                                    of confidentiality
     RailCorp will engage with                      You can use any common knowledge
     professional lobbyists, only if they           and experience you have gained during
     are on the Department of Premier and           your employment or engagement with
     Cabinet (DPC) Lobbyist register.               RailCorp but not specific information
     If you are approached by a lobbyist you are    and techniques.
     not permitted to engage with them, unless      You must not use personal or business
     they	are	on	the	DPC	Lobbyist	register	and	     information about RailCorp or any
     you are a General Manager or above. If         information you have access to through
     you do meet with a lobbyist it is preferable   your work for any personal gain or gain for
     that another representative from RailCorp      others such as friends, relatives or business
     also be in attendance.                         associates. You can only use RailCorp
     RailCorp employees, contractors                information when authorised to do so, and
     and consultants who are involved in            then you must keep to the facts and not
     professional lobbying (i.e. are contracted     give a personal opinion.
     or engaged to represent the interests          Confidential RailCorp information that must
     of a third party to a Government               be protected may be in the form of:
     Representative) must abide by the                 P
                                                    •	 	 ersonal	information	e.g.	an	employee’s/
     NSW Government Lobbyist Code                      contractor’s or consultant’s date of
     of Conduct.                                       birth, private address or contact details,
     The Lobbyist Code of Conduct is available         reasons for sick leave or membership of
     at: http://www.dpc.nsw.gov.au/prem/               an Equal Employment Opportunity (EEO)
     lobbyist_register                                 group etc
                                                    •	 Files, plans, drawings, microfilm
                                                    •	 Information about employees
                                                    •	 Business strategies
                                                    •	 Written records and documents
                                                       (including those marked commercial-in-
                                                       confidence)
                                                    •	 Computer records, databases, search
                                                       engines, passwords
                                                    •	 Information on systems management
                                                       or maintenance.




18   NSW Government Lobbyist Code of Conduct	             Use	of	information	and	intellectual	property
You must:                                          •	 Reveal, trade or sell confidential
•	 	 ake	care	when	collecting,	storing,	using	
   T                                                  information to other people, for example,
   and disclosing personal information in             potential or actual suppliers, external
   order to protect individuals’ privacy              companies, banks or credit unions,
                                                      insurance companies, relatives or friends
•	 Safeguard your PC password
                                                      U
                                                   •	 	 se	RailCorp	information	for	personal	
•	 Take care to keep RailCorp information             gain or to cause harm to any person,
   secure and confidential if it is identified        organisation or to RailCorp
   as being confidential
                                                      U
                                                   •	 	 se	RailCorp	information	to	help	you	
•	 Routinely create appropriate records               speculate in shares, property
   as part of your work                               or commodities.
   U
•	 	 se	RailCorp	record	systems	to	store	          RailCorp owns intellectual property
   official RailCorp information                   developed, invented or created by you
•	 Handle records with care                        alone or in working with others, in the
•	 Only destroy RailCorp records when              course of your employment or engagement
   proper authority has been given                 with RailCorp.
•	 Find out about and comply with                  Intellectual property includes copyright,
   RailCorp policies and procedures                trademark and design patent. It also
   for managing records                            includes specific information, techniques
                                                   or knowledge such as RailCorp’s methods
   S
•	 	 eek	advice	from	appropriate	RailCorp	         in areas such as construction, the
   employees (e.g. Corporate Counsel               development of goods, maintenance or
   or	Risk	and	Insurance	Division)	before	         the provision of services. This is sometimes
   providing information or making                 referred to as trade secrets and these must
   comments about matters such as                  stay with RailCorp.
   potential insurance claims or matters that
   concern legal liability. If you are not sure,
   ask your manager or supervisor.
                                                     Use of official information
You must not:                                        Example
   U
•	 	 se	or	disclose	personal	information	for	        In your role as a RailCorp employee
   a purpose other than that for which it            you have access to personnel
   was collected, unless consent for other           records. You are approached by
   uses or disclosure is obtained from the           a private advertising organisation
   person to whom the information relates            and asked if you would be willing
•	 	 se	confidential	RailCorp	information	for	
   U                                                 to provide information including the
   your own purposes                                 name and private addresses of all
                                                     RailCorp employees. You are offered
                                                     money for this information. You
                                                     decline to provide the information and
                                                     report the incident to your manager
                                                     and the Corruption Prevention Line.




Code of Conduct                                          Use	of	information	and	intellectual	property   19
     12 Conflict of interest
     We will act in the best
     interests of RailCorp

     RailCorp employees, contractors and               in which they have an interest, or
     consultants have a duty to always put              t
                                                     •	 	he	secondary	employment/emergency	
     the public interest above their own                services work hours conflict with RailCorp
     personal or private interests when                 working hours.
     carrying out their official duties.
                                                     Examples of conflicts of interest
     A conflict of interest exists where a           may include:
     personal interest, aim, goal, personal             h
                                                     •	 	 aving/setting	up	a	business	or	business	
     business interest or desired outcome               interest that supplies or wishes to
     influences or could be perceived to                supply RailCorp (see the Secondary
     influence the way you carry out your duties        Employment section of this Code for
     as a RailCorp employee, contractor or              specific restrictions for employees who
     consultant. You are to avoid situations            are directly involved in procurement;
     where the way you do your job could be             and the section below which applies to
     influenced, or seen to be influenced, by           contractors and consultants)
     a personal or other interest outside of
     RailCorp. Potential conflicts of interest          h
                                                     •	 	 aving	a	family	member,	friend	or	
     must be dealt with – if acted upon a               acquaintance who is involved financially
     potential conflict of interest becomes             or otherwise in a RailCorp matter in which
     improper conduct.                                  you have involvement as a result of your
                                                        position at RailCorp
     Money does not have to change hands
                                                        b
                                                     •	 	 eliefs	or	attitudes	that	influence	the	
     for there to be a conflict of interest – the
                                                        advice you give
     benefit could be:
                                                        b
                                                     •	 	 eing	part	of	the	recruitment	process	
        a
     •	 	 n	increase	in	the	value	of	an	asset	
                                                        when you have a personal relationship
        (e.g. a house or business) owned by the
                                                        with an applicant (e.g. the applicant is
        employee, contractor or consultant or
                                                        a relative)
        someone the employee, contractor or
        consultant knows; or                            h
                                                     •	 	 aving	a	second	job	that	affects	your	
                                                        ability to do your RailCorp work.
        a
     •	 	 n	advantage	received	by	the	employee,	
        contractor or consultant, or by a group      You must be extremely careful in dealings
        to which the employee, contractor or         with ex-employees, contractors or
        consultant belongs.                          consultants of RailCorp and make sure
                                                     you do not give them favourable treatment
     Real, potential or perceived conflicts of       or access to information that belongs to
     interest can occur in many situations           RailCorp. This is particularly important when
     including as a result of an employee,           a former employee, contractor or consultant
     contractor or consultant being engaged          is now involved in work or business that
     in secondary employment or emergency            involves the same or similar work they did
     services work. For example, a conflict of       for RailCorp.
     interest can occur where:
                                                     If an attempt to influence you is made by a
        a
     •	 	 n	employee,	contractor	or	consultant	is	   former employee, contractor or consultant,
        in a position at RailCorp where they can     you must report it to your supervisor or
        influence or make decisions that benefit     manager or the Corruption Prevention Line:
        their secondary employer, or a business


20   Conflict of interest                                                            Code of Conduct
(Telephone 1800 629 826 or 21690 or               Management options include:
email: corruptionprevention@railcorp.nsw.         •	   	estricting	the	involvement	of	the	
                                                       r
gov.au).                                               affected person
You may often be the only person aware            •	   	ecruiting	an	independent	third	party	
                                                       r
of the potential for conflict of interest.             to oversee some or all of a process
Remember to always act in the best
interests of RailCorp. You must notify your       •	   r
                                                       	emoving	the	affected	person	from	
General Manager or other senior manager                the matter completely
immediately in writing if a private interest      •	   relinquishing	the	private	interest
conflicts, could influence or may appear to       •	   resigning	from	the	RailCorp	position.
conflict, with your RailCorp responsibilities.
Your General Manager or senior manager            Contractors and consultants directly
will look at whether the personal interest in     involved in procurement
question is likely to affect your ability to do   Contractors and consultants who are
your job in a fair and honest manner. He          engaged by Strategic Procurement &
or she will also determine whether there          Supply, Procurement Shared Services and
will be any negative perceptions that may         Plant Hire Services, or are directly involved
cause problems. Your General Manager              in procurement (e.g. as a member of a
or senior manager will decide with you            Procurement Cross Functional Team or
whether a conflict of interest, perceived or      Tender Evaluation Panel) must complete
actual, exists and how best to manage it.         a comprehensive disclosure of conflicts of
If you do not agree with the General              interest at the time of engagement
Manager’s/senior	manager’s	decision	you	          and this disclosure must be updated to
can lodge a grievance in accordance with          reflect any change in circumstances.
the Grievance Resolution Procedure or the         A conflict of interest would include
Dispute	Settlement	Procedure.                     secondary employment with a supplier,
                                                  or potential supplier, of goods or services
General	Managers/senior	managers	must	            to RailCorp.
advise the person notifying of a conflict of
interest in writing of their decision and how     For advice on conflicts of interest:
the conflict will be managed. Complete            contact the Corruption Prevention Line
records of the conflict of interest and how       on 1800 629 826 or 21690 or by email to
it will be managed must be kept.                  corruptionprevention@railcorp.nsw.gov.au.


Code of Conduct                                                                 Conflict of interest   21
     13            Secondary employment
                   and emergency services work
     My work at RailCorp is
     my first priority
     Secondary employment means work                 •	 Cause a conflict of interest with RailCorp
     other than your job with RailCorp and              working hours
     includes operating a private business           •	 Interfere with or adversely affect your
     and all emergency services work                    employment with RailCorp, e.g. working
     (whether paid or voluntary). All of                excess hours can lead to fatigue and
     these may interfere with your ability to           result in workplace safety incidents
     perform your RailCorp duties.
                                                     •	 Involve the use of RailCorp’s intellectual
     RailCorp requires every employee to                property, confidential information or
     complete a Secondary Employment                    RailCorp resources
     Declaration Form each year. This will assist
                                                     •	 Involve lobbying RailCorp, any other
     RailCorp to identify and manage potential
                                                        government agency, or Member of
     conflicts of interest and other factors, such
                                                        Parliament, where that lobbying would
     as fatigue, which may impact on RailCorp’s
                                                        conflict with the interests of RailCorp.
     efficiency, safety and reputation.
                                                        (Note: this restriction regarding lobbying
     You should check the Secondary                     does not affect an employee’s right to
     Employment and Emergency Services                  lobby as a member of the community or
     Work Procedure for details about what              any other legal or industrial rights.)
     must be declared.
                                                     •	 Involve claiming that you speak or act on
     Prior to undertaking secondary                     behalf of RailCorp.
     employment (including voluntary
                                                     All requests for approval must be made
     emergency services work) you must
                                                     on the current Secondary Employment
     have the written approval of your Level 4
                                                     and Emergency Services Work Application
     Manager or above. The work must not:
                                                     Form. Employees will be notified in writing
     •	 Cause a conflict of interest with your       if their application is approved. This
        RailCorp duties


22   Secondary employment and emergency services work                              Code of Conduct
information will be stored and reviewed
regularly.                                         Secondary employment
                                                   Examples
If your RailCorp position changes, or your
secondary employment or emergency                  You are a full-time employee in a rail
services work changes in any way (for              safety role that requires you to do shift
example changes to your actual job, hours          work. You have been offered casual
worked, location of work), you must submit         work as a builder’s labourer on your
a new Application for approval. Approval           days off. You believe this casual work
of	secondary	employment/emergency	                 may expose you to fatigue issues
services work will not be unreasonably             because it could require you to work
withheld.                                          up to nine hours a day. You apply in
                                                   writing to your manager who assesses
Specific restrictions for employees
                                                   the fatigue risk and determines
directly involved in procurement
                                                   approval/non	approval.	
To minimise the risk of conflicts of interest,
RailCorp employees engaged by Strategic
Procurement & Supply, Procurement                  You work in Presentation Services
Shared Services and Plant Hire Services,           managing cleaning services procured
and other RailCorp employees who                   by RailCorp. Your brother wants to
are directly involved in procurement               set up a family cleaning company
(e.g. as a member of a Procurement Cross           and compete for RailCorp work.
Functional Team or Tender Evaluation               You apply for approval for secondary
Panel) are prohibited from undertaking             employment/emergency	services	
secondary employment with a supplier,              work i.e. to be one of the directors of
or potential supplier, of goods or services        the family company. Your manager
to RailCorp. Further guidance on this              explains that you could be perceived
matter may be sought from the Corruption           to have a conflict of interest as you
Prevention Line (Telephone: 1800 629 826           may have access to confidential
or 21690 or email: CorruptionPrevention@           information regarding other cleaning
railcorp.nsw.gov.au).                              providers’ prices or services which
                                                   could be used to benefit your family
It is your responsibility to ensure that           company. Your application is not
RailCorp is fully informed and has                 approved. You do not become a
approved any secondary employment                  director of the company. Your brother’s
or emergency services work BEFORE                  company submits a tender to become
you start additional work. If you are              a supplier of cleaning services to
considering employment with RailCorp               RailCorp. Even though you are not a
you must gain written approval for all             director or employee of the company
secondary employment and emergency                 you know that your family connection
services work (as defined in the                   to the company may create a
Secondary Employment and Emergency                 perceived or actual conflict of interest.
Services Work Procedure) PRIOR                     You therefore notify your senior
to commencing your position with                   manager in writing of the potential
RailCorp.                                          conflict (refer section 12 of this Code).
For more information, refer to the RailCorp
Secondary Employment and Emergency
Services Work Procedure which is available
on the intranet at My HR.




Code of Conduct                              Secondary employment and emergency services work   23
     14 Public comment
     Only speak on behalf
     of RailCorp when authorised
     All enquiries from the media                   If you are required to make any comments
     (including newspapers, radio,                  on RailCorp’s behalf, provide only factual
     television, electronic or print media)         information and do not express an opinion
     about RailCorp must be forwarded to            on official policy or practice. If in doubt,
     the Manager Media Unit (Contact                talk to your supervisor, manager or the
     (02) 8922 4346 – this line is available        Manager	Media	Unit.
     24 hours a day).
     Unless	authorised	by	RailCorp	to	do	so,	
                                                      Public comment        Examples
     you must not make any comment on behalf
     of RailCorp, claim to represent RailCorp,        You are dressed in a RailCorp uniform
     or give any impression whatsoever (such          and	are	approached	by	a	TV	crew	for	
     as wearing a RailCorp uniform or signing         an interview. You correctly decline the
     correspondence off with your RailCorp title)     interview and refer the interviewer to
     that you are representing RailCorp on any        the	Media	Unit.	
     issue. This includes:
     •	 Public	speaking	engagements                   You attend a training course
                                                      conducted by a private sector
     •	 Making	comments	to	the	media
                                                      company. You praise the course
        G
     •	 	 iving	opinions	in	letters,	emails,	         on the course feedback form.
        newspapers, books, journals, or notices.      The company later calls you and
     This does not prevent you making                 asks if they can quote you in their
     comment in such forums, as long as               advertising material to promote the
     you do not represent yourself as a               course to other people. You explain
     RailCorp employee, contractor,                   that you can not, as an employee
     consultant or representative speaking            of RailCorp, be seen to endorse a
     on RailCorp’s behalf.                            private sector organisation.
     As a general rule, you must not disclose
     information that is particular to RailCorp,
     unless it is through a recognised process
     such as:
     •	 If required by law (e.g. Government
        Information (Public Access) Act 2009)
     •	 To authorised persons in the course
        of your duties
     •	 If called to give evidence in court
     •	 If proper authority has been given for
        the disclosure.
     You are not permitted to publicly endorse
     any private sector product or service on
     behalf of RailCorp (see example).




24   Public comment                                                              Code of Conduct
15            Corrupt conduct, maladministration
              or serious and substantial waste
We will act in the
best interests of RailCorp
RailCorp will not tolerate any behaviour that        P
                                                  •	 	 urchasing	expensive	materials	and	
is corrupt, involves maladministration, or           equipment that are never or rarely used
serious or substantial waste.                        S
                                                  •	 	 pending	extensively	beyond	the	budget	
Corrupt conduct is illegal and may have              on a contract due to ineffective contract
serious consequences such as dismissal               management
and/or	imprisonment.	Corrupt	conduct	                M
                                                  •	 	 isuse	of	RailCorp	equipment	resulting	in	
includes bribery, blackmail, fraud, the              unnecessary maintenance costs.
abusive or fraudulent use of official material
or information, the dishonest use of a            Reporting
position of employment, or interference
                                                  If you know about possible corrupt
with the honest performance of another
                                                  conduct, maladministration or serious
employee’s duty.
                                                  waste you must report it. You do not
Maladministration is a failure to comply          need proof that corrupt conduct is
with proper procedures or the law and may         occurring, you merely need to suspect
involve action or inaction and inefficient,       it on reasonable grounds.
bad or improper administration. Examples
                                                  You can report your suspicions internally to
of maladministration would include failing
                                                  any of the following:
to act on complaints about illegal activities,
failing to comply with tendering processes           Y
                                                  •	 	 our	supervisor	or	manager	or	
or misusing confidentiality provisions.              another manager
Serious waste refers to uneconomic or             •	 The	Manager,	Internal	Audit
ineffective use of RailCorp’s resources,          •	 The	Corporate	Counsel
whether authorised or not, that leads                T
                                                  •	 	 he	Manager,	Corruption	Prevention
to significant resources or money                     or the Corruption Prevention Line
being wasted. Examples of serious                    1800 629 826 or 21690 internally or
waste include:                                       email CorruptionPrevention@railcorp.nsw.
                                                     gov.au




Code of Conduct                  Corrupt conduct, maladministration or serious and substantial waste   25
     •	 The General Manager, RailCorp                    In addition, RailCorp is committed to
        Investigations                                   protecting any employee, contractor or
     •	 The Chief Executive.                             consultant who makes a bona fide
                                                         disclosure, not just those who make
     While RailCorp strongly encourages the              disclosures covered by the Public Interest
     reporting of matters within RailCorp,               Disclosures Act.
     reports may be made directly to an external
     investigating authority, such as the:               Refer to the RailCorp Protected
                                                         Disclosures and Reports of Corrupt
        I
     •	 	ndependent	Commission	Against	                  and other Serious Misconduct/
        Corruption (02 8281 5999 or                      Maladministration Procedure for details
        1800 463 909)                                    on making a protected disclosure.
        N
     •	 	 SW	Ombudsman	–	to	report	                      Further information regarding protected
        maladministration (02 9286 1000                  disclosures can also be obtained from the
        or 1800 451 524)                                 Corruption Prevention Line (Telephone
        A
     •	 	 uditor	General	–	to	report	serious	and	        1800 629 826 or 21690 internally or email
        substantial waste (02 9275 7100).                CorruptionPrevention@railcorp.nsw.gov.au).
     Protected Disclosures
     You may also be able to report possible
     corrupt conduct, maladministration or                  Protected Disclosures          Example
     serious and substantial waste under the                You become aware of a co-worker
     Public Interest Disclosures Act 1994                   submitting false claims for overtime
     (NSW). To do this you must be a public                 and travel expenses and using
     official as defined under the Public Interest          RailCorp equipment for their own
     Disclosures Act 1994 (NSW) and make                    private business. You read the
     the disclosure to a RailCorp Nominated                 Protected Disclosures and Reports of
     Disclosures	Officer,	the	principal	officer	of	         Corrupt and other Serious Misconduct/
     a public authority or to one of the three              Maladministration Procedure and
     investigative bodies: the Independent                  contact one of the RailCorp Nominated
     Commission Against Corruption, the                     Disclosure Officers and tell them
     Auditor General or the Ombudsman.                      that you wish to make a protected
     RailCorp’s	Nominated	Disclosures	Officers	             disclosure. The Nominated Disclosure
     are listed in the Protected Disclosures                officer treats your report with strict
     and Reports of Corrupt and other Serious               confidence and a comprehensive
     Misconduct/ Maladministration Procedure.               investigation is conducted into your
     Remember to tell the person you are                    allegations. As a result the other
     making the report to that you would                    employee is dismissed. RailCorp gives
     like it treated as a protected disclosure.             you full protection against any possible
     The Public Interest Disclosures Act provides           reprisal or detrimental action.
     protection by imposing penalties on a
     person who takes detrimental action
     against another person substantially in
     reprisal for a protected disclosure.



26   Corrupt conduct, maladministration or serious and substantial waste              Code of Conduct
                                              16          Child Protection
                                                          in the
                                                          workplace
                                              All employees, contractors and
  Corruption      Examples                    consultants have a responsibility to
  You are involved in making a decision       act appropriately when dealing with a
  to award a contract to a supplier and       child. Under the relevant legislation a
  you indicate to the supplier that they      child is defined as a person under the
  will get the job if they ‘look after’ you   age of 18 years and so may include
  by providing a gift or hospitality. This    a customer or an employee (e.g. an
  is soliciting a bribe and is corrupt        apprentice). Appropriate behaviour
  conduct. The supplier reports you           includes (but is not limited to):
  to the Independent Commission               •	 Using	appropriate	language
  Against Corruption (ICAC) and you are
                                                 N
                                              •	 	 ot	using	communication	devices	to	
  investigated. You are dismissed from
                                                 send inappropriate messages and
  RailCorp and the media covers your
                                                 images to or about a child
  attendance at ICAC.
                                                 N
                                              •	 	 ot	giving	or	providing	a	child	with	
  You are working on a tender                    drugs, alcohol or tobacco
  submission for the construction of             O
                                              •	 	 nly	using	reasonable	force	where	
  a new station building. One of the             required in the course of your duties.
  tenderers phones and requests
  information regarding the other
  tenderers. You decline to give this
  information in accordance with your
  obligations outlined in the Code of
  Conduct and inform your supervisor of
  what has just happened.

  You are responsible for awarding
  contracts to a company and in
  exchange you receive financial benefits.
  An investigation also reveals that you
  are a shareholder in the company.
  You are interviewed and consequently
  dismissed. RailCorp then commences
  legal action to recover the financial
  benefits obtained by you.




Code of Conduct                                             Child Protection in the Workplace   27
     17              Obligation
                     after leaving
                     RailCorp
                                                    18            Dealing with
                                                                  breaches of
                                                                  the code
     We have obligations                            Everybody is accountable
     if we leave RailCorp                           for their actions

     You must not use your current position         The Code of Conduct sets out
     to inappropriately gain opportunities for      minimum standards of behaviour
     future employment.                             required of RailCorp employees,
     If you leave RailCorp you must maintain        contractors and consultants. All
     the confidentiality of information gained in   RailCorp employees, contractors and
     your RailCorp capacity.                        consultants are accountable for their
     Prior to leaving you must return all           own actions and must comply with
     RailCorp equipment, property and               the Code and supporting policies,
     documentation provided or obtained as          procedures and instructions.
     part of your work. This includes instruction   If you believe there has been a breach
     manuals, uniforms, identification or travel    of the Code you must report it to your
     passes, corporate or procurement cards,        supervisor, manager, or HR Business
     keys, cab charge dockets, mobile phones,       Partner.
     pagers, other communication devices,           RailCorp will investigate any alleged breach
     personal protective equipment, small           of the Code. This action will be fair and
     tools, computer software and hardware.         objective. Outcomes of an investigation
     You must repay any outstanding debts           may include:
     prior to leaving RailCorp (for example,        •	 Counselling
     personal calls from your mobile phone).
                                                    •	 Caution	or	reprimand
                                                    •	 Regression
                                                    •	 Fine
       Obligation after leaving RailCorp            •	 Transfer
       Example
                                                    •	 Suspension
       On leaving RailCorp you realise you
       still have your uniforms. You consider       •	 Dismissal
       donating them to a charity shop                 P
                                                    •	 	 roceedings	under	legislation	for	
       but think about how the uniforms                example referring the matter to the police
       could be inappropriately used by a              for potential criminal investigation.
       member of the public pretending to           If an employee, contractor or consultant
       be a guard. You contact the Human            intentionally acts in bad faith or acts
       Resources	Unit	to	arrange	return	of	         maliciously, criminally or otherwise, in
       the uniforms.                                addition to other disciplinary action
                                                    RailCorp may seek to recover from the
                                                    employee, contractor or consultant the
                                                    cost of any damages.




28   Obligation after leaving RailCorp                            Dealing	with	breaches	of	the	code
19                 Industrial
                   activities

Nothing in this Code of Conduct affects
an employee’s right to participate in lawful
industrial activities.




20                      Applicable
                        laws
The RailCorp Code of Conduct does                 P
                                               •	 	 ublic	Interest	Disclosures	Act	1994	
not stand alone. It is consistent with            (NSW)
relevant State and Federal legislation.           P
                                               •	 	 ublic	Sector	Employment	and	
Relevant legislation includes, but is not         Management Act 2002 (NSW)
limited to, the following:
                                               •	 Rail	Safety	Act	2008	(NSW)
•	 	 nti Discrimination Act 1977 (NSW) and
   A
                                                  R
                                               •	 	 ail	Safety	(General)	Regulations	2008	
   the Commonwealth discrimination laws
                                                  (NSW)
   (Race, Sex and Disability)
                                               •	 	 ail Safety (Drug and Alcohol Testing)
                                                  R
•	 	 ommission for Children and Young
   C
                                                  Regulation 2008 (NSW)
   People Act 1998 (NSW)
                                               •	 	 ransport Administration Act 1988 (NSW)
                                                  T
•	 Crimes	Act	1900	(NSW)	
                                                  and Regulations
•	 Fair	Work	Act	2009	(Commonwealth)
   F
•	 	 air	Work	Regulations	2009	
   (Commonwealth)
   G
•	 	 overnment	Information	(Public	Access)	
   Act 2009 (NSW)
   I
•	 	ndependent	Commission	Against	
   Corruption Act 1988 (NSW)
•	 Industrial	Relations	Act	1996	(NSW)
   O
•	 	 ccupational	Health	and	Safety	Act	2000
   O
•	 	 ccupational	Health	and	Safety	
   Regulations 2001 (NSW)
•	 Ombudsman	Act	1974	(NSW)
   P
•	 	 rivacy	and	Personal	Information	
   Protection Act 1998 (NSW)
   P
•	 	 ublic	Finance	and	Audit	Act	1983	(NSW)




Industrial activities                                                          Applicable laws   29
     21             Relevant
                    RailCorp
                    policies and
                    procedures
     Current versions of all RailCorp policies
     and procedures can be located on the
     RailCorp intranet site.




     22               Assistance
     This Code is intended to provide you        •	 Your Occupational Health and
     with practical assistance when faced           Safety representative
     with ethical challenges. No employee        •	 HR Advisory on 1300 3 (62600).
     should ever be in a position of facing
     such ethical dilemmas without help.         Outside RailCorp
     Assistance is available from within
                                                    A
                                                 •	 	 lcohol	and	Drug	Information	Service	–	
     RailCorp or agencies outside of RailCorp.
                                                    (02) 9361 8000 or 1800 422 599
     Within RailCorp                                (outside Sydney)
     •	 Your immediate supervisor or the         •	 Audit Office of NSW (if you are reporting
        manager of your work area                   serious and substantial waste) –
                                                    (02) 9275 7100
     •	 Your HR Business Partner
                                                 •	 Greenline environmental issues –
     •	 The Corruption Prevention Line –            1300 656 999
        1800 629 826 or 21690 or email
        corruptionprevention@railcorp.nsw.       •	 Independent Commission
        gov.au                                      Against Corruption – (02) 8281 5999
                                                    or 1800 463 909
     •	 Employee Assistance Program (for
        confidential advice and counselling) –   •	 NSW Ombudsman (if you are
        1300 364 213 (24 hours a day)               reporting maladministration) –
                                                    (02) 9286 1000 (Sydney metropolitan)
     •	 Safety Incident and Injury Hotline –        or 1800 451 524 (Regional NSW)
        1800 772 779
                                                 •	 Office of Transport Safety Investigations
     •	 RailCorp Security Control Centre            Confidential Hotline – 1800 180 828.
        on (02) 9379 4444 or 94444
        (24 hours day)
        M
     •	 	 edia	Unit	–	(02)	8922	4346	
        (24 hours a day)
     •	 RailCorp Investigations Corruption and
        Misconduct Reporting Line –
        (02) 8202 3187
     •	 Grievance Advisory Service –
        (02) 8922 4849 or 1800 015 743



30   Relevant RailCorp policies and procedures                                      Assistance
Code of Conduct   31
Version	1.7
For the most up-to-date version
visit My HR on the intranet or
email hrpolicy@railcorp.nsw.gov.au
JB0891	Updated	July	2011

				
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