1. Purpose

1.1 This policy sets out the University’s Code of Conduct and details the University’s expectations with respect to the professional and personal conduct of staff, contractors and visitors. It reflects the University’s mission and values in its Strategic Plan as well as the ethical principles detailed in the Public Sector Ethics Act 1994 (Qld).

2. Scope and application

2.1 This policy applies to all staff when they are performing work, duties, or functions for the University, engaging in related activities such as work-related functions, travel, conferences and any circumstances where they are attending as a staff member or representing the University. The policy can also apply in circumstances where personal activities have the potential to adversely impact the University’s reputation.

2.2 For the purposes of this policy, staff means current employees and people representing the University, including visiting, honorary and adjunct academics, members of University Council, external members of University committees, and individuals acting in a voluntary capacity.

2.3 It is an expectation of the University that individuals who have an association with the University, such as contractors, subcontractors, and other members of the University community also act in accordance with this Code of Conduct while attending University premises and undertaking work for or on behalf of the University.

2.4 This policy provides a set of principles to guide staff on acceptable and unacceptable behaviour and is supported by relevant University policy documents which provide more detail on the University’s expectations and requirements. As it is not possible to provide definitive answers to all the integrity issues which can confront staff from time to time, staff are required to exercise reasonable judgement regarding their professional and personal conduct and when necessary, consult their supervisor or relevant work area if they are unsure about how to act or respond to a particular situation or issue.

3. Definitions

3.1 Refer to the University’s Glossary of Terms for definitions as they specifically relate to policy documents.

Bullying refers to repeated and unreasonable behaviour, whether intentional or unintentional, directed towards an individual or a group that creates a risk to health and safety.

Bullying at work is not a simple abuse of power from supervisors to subordinate employees: for example, staff or students can bully their supervisors, and bullying can occur between members of an ostensibly equal group. Bullying can be carried out in a variety of ways including through email and text messaging or social media channels.

It is possible for a person to be bullied, harassed and discriminated against at the same time.

Detailed below are examples of behaviours, whether intentional or unintentional, that may be regarded as bullying or work-related bullying if they are repeated, unreasonable and creates a risk to health and safety. This is not an exhaustive list – however, it does outline some of the more common types of behaviours. Examples include:

• abusive, insulting or offensive language or comments;
• unjustified criticism or complaints;
• deliberately excluding someone from the workplace or work and/or study-related activities;
• withholding information that is vital for effective work or study performance;
• setting unreasonable timelines or constantly changing deadlines;
• setting tasks that are unreasonably below or beyond a person’s skill level;
• denying access to information, supervision, consultation or resources to the detriment of a worker or student;
• spreading misinformation or malicious rumours;
• changing work arrangements to deliberately inconvenience a particular worker or workers.

Bullying does not include reasonable management action that is carried out in a reasonable manner.

Conduct means the personal behaviour of a person.

Conflict of interest occurs when there is a conflict between a member of the University community’s private interests and their university duties where they could be influenced, or appear to be influenced, in the performance of their official duties and responsibilities with the University. A conflict of interest involves:

Actual Conflict of interest involves a direct conflict between a member of the University community’s current duties and responsibilities and existing private interest.

Perceived conflict of interest can exist where it could be perceived, or appears, that a private interest could improperly influence the performance of their duties – whether or not this is in fact the case.

Potential conflict of interest arises where a member of the University’s community has private interests that could conflict with their official duties in the future.

Discrimination means discrimination that is unlawful under any anti‑discrimination law in force in a place where the conduct occurs. Discrimination in the Anti-Discrimination Act 1991 (Qld) means to treat or propose to treat another person less favourably because they have an attribute protected in that Act, or to impose or propose to impose unreasonable terms or conditions with which a person with a protected attribute is unable to comply.

Attributes that are protected under anti-discrimination laws include:

• sex;
• relationship status;
• pregnancy or potential pregnancy;
• parental status;
• breastfeeding;
• age;
• race;
• impairment;
• religious belief or activity;
• political belief or activity;
• trade union activity;
• sex work activity;
• gender identity;
• sexual orientation;
• sex characteristics;
• family responsibilities;
• association with, or relation to, a person identified on the basis of any of these attributes.

Unlawful workplace discrimination is also prohibited under the Fair Work Act 2009 (Cth), and it occurs when an employer takes adverse action against a person who is an employee or prospective employee because of the person’s race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, national extraction or social origin.

For the avoidance of doubt, discrimination includes antisemitism, which is defined by Australian universities based on the International Holocaust Remembrance Alliance (IHRA) as “discrimination, prejudice, harassment, exclusion, vilification, intimidation or violence that impedes Jews’ ability to participate as equals in educational, political, religious, cultural, economic or social life. It can manifest in a range of ways including negative, dehumanising, or stereotypical narratives about Jews. Further, it includes hate speech, epithets, caricatures, stereotypes, tropes, Holocaust denial, and antisemitic symbols”.

Harassment is any form of behaviour that is unwelcome, unsolicited, unreciprocated and usually (but not always) repeated. It is behaviour that is likely to offend, humiliate or intimidate. Harassment can be based on any of the attributes listed under the definition of discrimination and for example can include sexual, disability, racial, sexuality or gender-based harassment. Examples include:

• telling insulting jokes about particular racial groups;
• sending explicit or sexually suggestive emails or text messages;
• displaying racially offensive or pornographic posters or screen savers;
• making derogatory comments or taunts about someone’s race;
• asking intrusive questions about someone’s personal life, including their sex life.

Human Rights are those rights defined in the Human Right Act 2019 (Qld), based on human rights that are recognised in international covenants including the International Covenant on Civil and Political Rights (ICCPR), the Universal Declaration of Human Rights (UDHR), the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). In particular, section 15 of the Act protects the right to recognition and equality before the law, which entitles every person to be effectively protected against discrimination.

Maladministration is widely defined to mean illegal, arbitrary, oppressive or improper administrative action.

Misconduct means conduct which is not serious misconduct but which is nonetheless conduct which is unsatisfactory.

Sexual harassment is a form of harassment and means conduct of a sexual nature that is unwelcome and is done either with the intention of offending, humiliating or intimidating the target person or in circumstances where a reasonable person would have anticipated the possibility that the target person would be offended, humiliated, or intimidated. It can be a single incident or a persistent pattern and can range from subtle behaviour to explicit demands for sexual activity or assault. Sexual harassment includes uninvited physical intimacy such as touching in a sexual way, uninvited sexual propositions, and remarks with sexual connotations and is not limited to the following examples:

• unwelcome physical touching;
• sexual or suggestive comments, jokes or innuendo;
• unwelcome requests for sex;
• intrusive questions about a person’s private life or body;
• the display of sexually explicit material such as posters, pictures, or computer screen savers;
• unwanted invitations to go out on dates;
• staring or leering;
• sex based insults or taunts; and
• sexually offensive communications, including telephone calls, letters, and emails.

Sexual harassment is unlawful under the Anti-Discrimination Act 1991 (Qld) and the Sex Discrimination Act 1984 (Cth) and can be a valid reason for dismissal under the Fair Work Act 2009 (Cth).

Certain conducts of the nature of sexual harassment are not directed at a particular person but can make one sex uncomfortable or excluded. It is unlawful to subject another person to a workplace environment that is hostile on the basis of sex under the Sex Discrimination Act 1984 (Cth).

University community means all staff members, adjunct and honorary title holders, members of University Council, students, consultants, contractors, volunteers, researchers and external appointees of Council, boards and committees of the University.

Victimisation means treating someone unfairly because they have made, or intend to make, a complaint. This also includes the unfair treatment of those who have supported another person in making a complaint.

Vilification is a public act which is capable of inciting hatred, serious contempt for, or severe ridicule of a person or group of persons on the grounds of race, religion, sexuality, sex characteristics or gender identity. Vilification is unlawful under the Anti-Discrimination Act 1991 (Qld).

As outlined in the Anti-Discrimination Act 1991 (Qld) there are some exceptions which ensure the right of freedom of speech is not unduly restricted, including, but not limited to, a public act done reasonably and in good faith for purposes in the public interest, including discussion and debate or for academic, artistic, scientific, or research purposes.

Worker has the meaning given in section 7 of the Work Health and Safety Act 2011 (Qld) and includes employees, contractors, subcontractors, students gaining work experience, and volunteers in the workplace.

4. Policy statement

4.1 The University is committed to fostering a positive and high-performing organisational culture that is ethical, respectful, cooperative, and collaborative, prioritising the health and safety of all staff, students, contractors, and visitors. All staff are expected to uphold the University’s values, as outlined in its Strategic Plan, and contribute to an environment of openness, excellence, and respect. This includes maintaining the highest standards of professional conduct across all areas of activity—teaching and learning, research, industry engagement, operations, and community involvement.

4.2 This approach is structured around four key ethics principles, as outlined in the Public Sector Ethics Act 1994 (Qld). Each principle is supported by standards of conduct that define expected behaviours, and all are equally important in guiding ethical decision-making and professional conduct. The ethics principles are:

(a) integrity and impartiality – acting honestly, fairly, and respectfully, and ensuring decisions are unbiased and just;

(b) promoting the public good – delivering programs and services that benefit the people of Queensland;

(c) commitment to the system of government – respecting government institutions and upholding the law;

(d) accountability and transparency – making responsible decisions and taking actions that are clear and easily understood.

5. Ethics principles and standards of conduct

5.1 Integrity and impartiality

5.1.1 Staff are required to promote the integrity of the University by:

(a) being committed to the highest ethical standards;

(b) providing advice, which is objective, independent, apolitical, and impartial;

(c) showing respect towards all persons, including other staff, students, and the general public; and

(d) being committed to honest, fair, and respectful engagement with the University community.

5.1.2 Commitment to the highest ethical standards

5.1.2.1 Staff are expected to:

(a) be honest, impartial, and conscientious when carrying out their duties;

(b) ensure the principles of natural justice are observed; and

(c) ensure all decisions are made ethically.

5.1.2.2 Staff must not engage in wrongdoing, fraud, corrupt conduct, or maladministration and should report genuinely suspected wrongdoing, fraud, corrupt conduct, or maladministration by others in accordance with the Public Interest Disclosure – Governing Policy and Fraud and Corruption Control – Governing Policy.

5.1.2.3 Staff must only accept gifts or benefits in connection with the performance of their duties in accordance with the Staff Gifts and Benefits – Operational Policy.

5.1.3 Manage conflicts of interest

5.1.3.1 Staff must not improperly use their official powers or position or allow these powers to be improperly used. Any conflict that may arise between personal interest and official duty must be resolved in favour of public interest.

5.1.3.2 The University is committed to demonstrating impartiality and integrity by requiring staff to declare conflicts of interest in accordance with the Conflict of Interest – Governing Policy and Procedures.

5.1.3.3 Staff must actively consider the potential for conflicts of interest arising from professional roles, memberships in external committees or organisations, personal or family relationships, and financial interests. Having an actual, perceived, or potential conflict of interest is not uncommon and does not, in itself, constitute wrongdoing. However, failing to appropriately disclose and manage such a conflict can be considered misconduct and result in disciplinary action.

5.1.4 Avoid improper use of position

5.1.4.1 Staff must adhere to the highest standards of honesty in scholarship and professional practice. Improper use of a staff member’s official powers or position includes actions that can result in detriment to the University or in real, potential, or apparent advantage to a staff member, or any other person or organisation.

5.1.4.2 Staff can hold positions of authority over students or other staff, particularly in supervisory or managerial roles. This power dynamic can create the potential for undue influence and impact upon academic or professional outcomes. Of particular concern is the development of sexual relationships in such contexts, when the imbalance can lead to an abuse of position, cause harm to the less empowered and potentially vulnerable individual, and result in a conflict of interest. Staff are expected to maintain professional boundaries and avoid any conduct that could compromise the integrity of their role or the University environment.

5.1.4.3 When a relationship develops with a student or staff member, which can lead to an actual, perceived or potential conflict of interest, the staff member must notify their supervisor and cease any decision-making role in respect of the student or staff member. A formal declaration must be made, and a management plan documented, in accordance with the Conflict of Interest – Governing Policy.

5.1.4.4 Staff must not abuse a position of power or use their position to offer a benefit as a result of any relationship.

5.1.4.5 Staff must not use their position, workplace, or facilities to advance political causes or support political parties or members.

5.1.5 Demonstrate a high standard of professional and personal conduct

5.1.5.1 Staff must always conduct and present themselves in a professional and responsible manner and demonstrate courtesy and respect towards others.

5.1.5.2 The University is committed to fostering the right of every person to enjoy their human rights without discrimination. Staff must treat all people equitably and fairly with a commitment to an inclusive and safe workplace, where diversity is valued and where unlawful discrimination, violence (or threats of violence), bullying, harassment, sexual harassment, victimisation and vilification in any form are considered unacceptable.

5.1.5.3 Staff must not engage in behaviours considered unwelcome, or can victimise, be offensive or humiliating to others regardless of whether this occurs face-to-face, in writing, via email or via any other electronic media. Such behaviour can amount to harassment, sexual harassment, or bullying, can be unlawful under Anti-Discrimination legislation and will be managed by the University in accordance with the Anti-Discrimination and Freedom from Bullying and Harassment - Operational Policy.

5.1.5.4 Personal conduct, whether this occurs in person, in writing, via email, or any other electronic media, must not impede on the carrying out of official duties or have the potential to adversely impact on the University's reputation.

5.1.5.5 Staff are expected to act responsibly and not allow alcohol, drugs, or other substances to affect their performance whilst acting in an official capacity or create a risk to the health and safety of others, including themselves. The Liquor Use – Operational Policy sets out further obligations for members of the University community.

5.1.6 Disclosure of criminal conviction or charge or other adverse decisions

5.1.6.1 Staff must notify the University in writing when they have been, or are currently, charged with or convicted of a criminal offence under the laws of the Commonwealth, any Australian State or Territory, or another country. This applies regardless of whether a conviction was recorded or whether the offence was related to their work duties.

5.1.6.2 Unless otherwise required by law, such as for professional registration or regulated employment purposes, staff are not required to disclose charges or convictions that have been set aside, quashed, pardoned, expunged, spent, or otherwise determined to be without effect under an Australian law or rehabilitation scheme.

5.1.6.3 Staff must notify the University in writing if they have been, or are currently, subject to any adverse decision relating to their professional registration, regulated employment, or professional or academic misconduct in external activities. This applies regardless of whether the matter is finalised, and includes circumstances where staff are the subject of an investigation or other formal process concerning professional or academic misconduct occurring outside the University.

5.1.6.4 Having a criminal history or being subject to an adverse decision does not automatically affect a staff member’s ability to perform the essential requirements of their role or maintain their association with the University. However, failure to disclose a relevant criminal charge, conviction, or adverse decision, where required, is considered misconduct and can result in disciplinary action.

5.1.6.5 The process of declaring and assessing disclosures in this section are outlined within the Conflict of Interest – Procedures.

5.1.7 Supervisors

5.1.7.1 Staff with supervisory responsibilities play a key role in fostering a healthy, safe, fair, and respectful working environment. Supervisors have a particular obligation to lead by example and uphold high standards of conduct in their interactions with staff. Supervisors are required to:

(a) make reasonable efforts to understand their obligations and responsibilities as a supervisor;

(b) act fairly and consistently in their dealings with staff and individuals associated with the University;

(c) ensure staff understand the performance standards expected of them;

(d) maintain open, honest, and respectful communication;

(e) provide guidance and direction in a reasonable and constructive manner;

(f) ensure equitable access to appropriate development and promotional opportunities; and

(g) provide reasonable adjustments and flexibility for staff with a disability, illness, family responsibilities, religious or cultural observance, or other circumstances in accordance with applicable legislation and University policy documents.

5.1.7 Research integrity

5.1.7.1 The University is committed to building and maintaining a culture of responsible research. As such, research must be conducted responsibly, ethically, and with the highest standards of integrity in accordance with the Responsible Research Conduct - Academic Policy.

5.1.8 Integrity in learning and teaching

5.1.8.1 Staff associated with learning and teaching must be committed to the national and international standards in teaching, delivering benefits, and opportunities to students, graduates, and the region and comply with all applicable University academic, learning, and teaching policy documents.

5.2 Promoting the public good

5.2.1 In recognising that the University is a public university, staff are encouraged to promote the public good by contributing to achieving the University’s values as outlined in the Strategic Plan as well as:

(a) building and maintaining a high level of trust with all levels of government, community, and others by being responsive, accountable, and transparent when performing university duties;

(b) avoiding conduct that can adversely affect the University’s reputation;

(c) providing services to the community in an equitable, prompt, and professional manner; and

(d) performing duties conscientiously and professionally, with proper diligence, care, and attention and in a manner that gives effect to official decisions and policies of the University.

5.3 Commitment to the system of government

5.3.1 Staff must comply with all applicable laws, including those of the State and Commonwealth, as well as local government regulations. Staff are also required to be familiar with and act in accordance with the University of the Sunshine Coast Act 1998 (Qld), relevant University policy documents, and any other reasonable and lawful instructions. Engaging in criminal or unlawful behaviour is strictly prohibited.

5.3.2 Public comment

5.3.2.1 Staff have a right as private citizens to participate in public debates on any matter. Comments made by a staff member in a private capacity should not compromise or be perceived to compromise the staff member’s ability to carry out their duties.

5.3.2.2 This Code of Conduct and having respect for the law and system of government, does not detract from the academic freedom of staff. In accordance with the Freedom of Speech and Academic Freedom - Governing Policy, staff can assume the right to pursue critical and open inquiry and engage in constructive criticism on matters of public concern within their area of expertise.

5.3.2.3 Academic staff are encouraged to share their expertise within their area of qualification with media on matters of community interest. Any comment on matters outside the academic staff member's area of expertise must be made in their capacity as a private citizen.

5.3.2.4 Public statements representing the official view of the University must comply with the Marketing and Communications - Operational Policy and Social Media – Operational Policy.

5.4 Accountability and transparency

5.4.1 Staff are expected to take responsibility for performing their duties to the highest possible standard and to carry out their work in a professional and conscientious manner. Staff must:

(a) exercise diligence, care, and attention in their work, and consider relevant human rights when acting or making decisions on behalf of the University;

(b) maintain transparency in their interactions with the University and in any external business dealings;

(c) use University facilities and resources responsibly and appropriately in accordance with the Space Management – Operational Policy and Conduct on University Premises - Operational Policy;

(d) handle official information in accordance with the Data Governance - Operational Policy; and

(e) actively pursue continuous improvement in their performance in accordance with their employment contract and Performance Management – Operational Policy.

5.4.2 Making fair decisions

5.4.2.1 Staff must observe the principles of natural justice in their decision making. Natural justice requires an absence of bias, the presentation of substantial reliable evidence, and the right of the person affected to hear all the material evidence and be given adequate time and a fair and reasonable opportunity to respond. These principles are particularly important if the decision has negative consequences for the staff member involved.

5.4.3 Efficiently and economically manage university resources

5.4.3.1 Staff are expected to accept and value their duty to manage public resources effectively, efficiently, and economically. Staff have a responsibility to ensure that resources are used only for legitimate purposes and not wasted, abused, used improperly or extravagantly. Staff are also expected to treat university property with due care and ensure that it is secured against theft and misuse.

5.4.3.2 Information technology resources must be used in accordance with the Acceptable Use of ICT Resources - Operational Policy.

5.4.3.3 Staff must not contravene the University’s Financial Management Practices - Operational Policy and other related financial policy documents and financial management practice manuals.

5.4.3.4 Staff using university resources for outside work must do so in accordance with the University Consultancy Work – Operational Policy and Outside Work and Private Practice – Operational Policy.

5.4.4 Confidential information

5.4.4.1 Staff must comply with the Records Management - Procedures by ensuring that confidential information held by the University is collected and managed in a responsible and secure manner and accessed only by those who have a legitimate need and lawful authorisation to do so.

5.4.4.2 Staff must respect the privacy of others personal information in accordance with Privacy and Right to Information - Operational Policy. Personal information collected and held by the University must only be accessed and used by staff as required in the fulfilment of their duties and in a manner consistent with the original purpose, or related secondary purpose, or in circumstances where the University is obligated to provide the information to an external third party.

5.4.4.3 Staff must respect the confidentiality and privacy of commercial information entrusted to the University and disclose it only in accordance with university policy documents and legal obligations.

5.4.4.4 Staff must never use confidential information for individual or personal gain or benefit, or that of a third party, nor to the detriment of the University, either while engaged or otherwise.

6. Consequences of non-compliance

6.1 When a staff member suspects a breach of the Code of Conduct, they are encouraged to seek advice from their supervisor, Cost Centre Manager, or People and Culture. Staff can also report concerns in accordance with the Public Interest Disclosure – Governing Policy, Fraud Corruption Control – Governing Policy or Resolution of Complaints (Staff) - Guidelines.

6.2 Victimisation of any person who makes a complaint or reports a suspected breach of the Code of Conduct is unacceptable. Any form of retaliation can be considered an additional breach of the Code of Conduct.

6.3 Staff whose conduct does not meet the standards outlined in this Code of Conduct are managed in accordance with relevant University policy documents, the Enterprise Agreement, or their instrument of appointment.

6.4 Individuals with an association to the University are expected to comply with the Code of Conduct. When such individuals fail to meet the required standards, the University can terminate their association and revoke access to University services, facilities, or infrastructure.

6.7 Certain breaches of the Code of Conduct can also result in legal consequences under criminal or civil law.

7. Authorities and responsibilities

7.1 As the Approval Authority, Council approves this policy in accordance with the University of the Sunshine Coast Act 1998 (Qld).

7.2 As the Responsible Executive Member the Vice-Chancellor and President can approve procedures and guidelines to operationalise this policy. All procedures and guidelines must be compatible with the provisions of this policy.

7.3 As the Designated Officer the Chief Operating Officer can approve associated documents to support the application of this policy. All associated documents must be compatible with the provisions of the policy.

7.4 This policy operates from the last amended date, with all previous iterations of policy on staff code of conduct is replaced and no longer operating from this date.

7.5 All records relating to staff code of conduct must be stored and managed in accordance with the Records Management - Procedures.

7.6 This policy must be maintained in accordance with the University Policy Documents – Procedures and reviewed on a standard 5-year policy review cycle.

7.7 Any exception to this policy to enable a more appropriate result must be approved in accordance with the University Policy Documents – Procedures prior to deviation from the policy.

7.8 Refer to Schedule C of the Delegations Manual in relation to the approved delegations detailed within this policy.

7.9 The following authorities are delegated under this policy:

END