1. Introduction

All staff members of the Office of the Inspector of Custodial Services are expected to observe standards of conduct which are fundamental to the successful performance of the Office.

The code of conduct is intended to provide an ethical framework to guide staff in their decisions, actions and behaviour, and it advocates values that include integrity, honesty and impartiality.

This document sets out the standards of conduct expected of staff and goes on to detail examples of inappropriate behaviour and the procedures for taking disciplinary action when conduct falls below that standard. The primary objective is to ensure that standards are maintained and to encourage improvement where appropriate.

2. Standards of Conduct

Staff members are expected to meet high standards of personal conduct. They must:

• Carry out their duties conscientiously and honestly;
• Be courteous, reasonable and fair in their dealings with all members of custodial service staff, offenders, colleagues and members of the public;
• Exercise particular care to ensure that their dealings with members of custodial service staff, offenders and their friends and relatives and any dealings with former offenders and their friends and relatives, are not open to abuse, misrepresentation or exploitation on either side; and
• Not make use of their formal position to further their private interests.

In all other respects their conduct must not:

• Bring discredit to the Office;
• Affect or cast doubt on the performance of their official duties; and
• Conflict with their official duties.

In particular, staff members must:

• Inform the Inspector of Custodial Services (the Inspector) immediately if charged with any criminal offence (excluding fixed penalty traffic offences), and take all reasonable steps to do so;
• Inform the Inspector if they receive a Police caution for any offence other than a minor traffic offence, or if they are convicted of any criminal offence; and
• Inform the Inspector if a close family member is sent to custody.

Staff members have a duty to:

• Protect official information which is held in confidence; and
• Comply with legislation and policies which govern the conduct of public sector bodies and employees (including the Western Australian Public Sector Code of Ethics).

The main areas of potential misconduct are set out in Section 3 below.

3. Inappropriate Behaviour (Misconduct)

The list is detailed and wide-ranging to provide the best possible guidance. It is not necessarily exhaustive. Staff members must be aware that any behaviour which is not specifically listed below, but which is in clear breach of established standards of conduct expected of staff members, may still lead to disciplinary action.

(i) Relations with Others at Custodial Places.
Inappropriate behaviour includes:

• Assault on any other person;
• Inappropriate relationships with offenders or members of staff, whereby security or the independence (or the perceived independence) of the Office is jeopardised;
• Deliberate provocation of an offender;
• Offensive language or behaviour towards staff, offenders, colleagues or members of the public within the custodial place; and
• Racial or sexual harassment or discrimination towards staff, inmates, colleagues or members of the public.

(ii) Unprofessional Conduct Including Trafficking.
Inappropriate behaviour includes:

• Any unauthorised monetary or business transaction with, or acceptance of gifts or favours from custodial services staff, offenders, ex-offenders or friends or relatives of staff, offenders or ex-offenders;
• Bringing into or carrying out of a custodial place, without proper authority, any item for or on behalf of an offender or ex-offender; knowingly assisting in such an action; or failing to report such an action; and
• Failure to notify the Inspector of actions or relationships in connection with offenders or ex-offenders or the friends or relatives of offenders or ex-offenders, which could otherwise be open to abuse, misinterpretation or exploitation on either side.

(iii) Performance of Duties
Inappropriate behaviour includes:

• Action or culpable negligence likely to endanger the security of a custodial place, including contributing to the escape of a prisoner;
• Breaches of security;
• Carelessness or negligence which causes or contributes to loss, damage or injury to the Office of the Inspector of Custodial Services, the Department of Justice or individuals;
• Being unfit whilst on official duty through drink or drug abuse; and
• Unauthorised drinking of alcohol or taking prohibited drugs, whilst on official duty.

(iv) Dishonesty and Corruption.
Inappropriate behaviour includes:

• Dishonesty of any kind, such as false statement (e.g. in expenses claims), alteration of records, or misappropriation or misuse of official or Office property;
• Corruption (i.e. abuse of official position for personal advantage or gain); and
• Disclosure of official information, held in confidence, to any unauthorised person (including offenders, ex-offenders, their friends or relatives, the press or others).

(iv) General Misconduct.
Inappropriate behaviour includes:

• Failure to observe the standards of behaviour as laid down in this Code of Conduct; and
• Failure to report known misconduct by other staff members.

(iv) Gross Misconduct.
Some instances of misconduct will be so serious as to make any trust in that staff member impossible. These fall into the category of gross misconduct and include:

• Unprofessional conduct, including all forms of trafficking or assault;
• Serious acts of negligence causing appreciable loss, damage or injury to Government property;
• Deliberate action leading to serious disorder or loss of control in a custodial place;
• Inappropriate relationships with offenders or custodial services staff, whereby the security of a custodial place; or the independence or perceived independence of the Office, could be compromised; and
• Conviction of a serious criminal offence.

4. Dealing with complaints about Conduct

The Public Sector Management Act 1994 is the statutory reference for all public servants. Any procedures contained in this Code of Conduct are subordinate to this legislation.

Section 9 of the Inspector of Custodial Services Act 2003 provides for the removal of the Inspector from office in the event of misbehaviour, incompetence, incapacity or bankruptcy.

The Inspector is the decision-making authority for all other members of staff. All complaints should be directed to the Inspector in the first instance.

Grievance Resolution and Dispute Settlement policies, as outlined in this Manual, should be followed as speedily as possible.

In establishing whether a disciplinary offence has been committed that standard of proof to be applied is the balance of probabilities.

Not all examples of misconduct lead automatically to formal disciplinary action. In some instances disciplinary action may not be the best means of encouraging an improvement in the conduct of the staff member. The Inspector may:

• Handle minor incidents of misconduct informally, reinforced as necessary by more formal guidance or advice; and
• Take into account mitigation factors and history of past performance.

In some circumstances there will be no alternative to disciplinary action; and the encouragement to deal informally with minor instances of misconduct must not inhibit recourse to formal disciplinary action where repeated instances of minor misconduct indicate an underlying problem which is affecting the effectiveness of a staff member in fulfilling official duties.

Before formal disciplinary action is taken it is essential to establish the facts. Sometimes they will be self-evident: for example, where a staff member is convicted of a serious criminal offence. In other circumstances, disciplinary action will be preceded by or proceed from a preliminary investigation instructed by the Inspector. Investigations of a more serious nature may be referred to external agencies, including the Police.

5. Formal Discipline

Part 5 Division 3 of the Public Sector Management Act 1994 sets out the matters dealing with discipline and breaches of discipline.

An employee commits a breach of discipline when he/she:

• Disobeys or disregards a lawful order;
• Contravenes any provision of the Public Sector Management Act 1994 applicable to that employee, or public sector standards or code of ethics;
• Commits an act of misconduct; or
• Is negligent or careless in the performance of his or her functions.

Conflict of interest Guidelines

These guidelines are issued pursuant to regulation 87 of the Prisons Regulations 1982.

The purpose is to prevent the Inspector and any member of the Inspector's staff from performing a function of the Inspector under the Inspector of Custodial Services Act 2003, if that person has or acquires an interest, pecuniary or otherwise, in relation to the function that could conflict with the proper performance of the function.

All staff members must perform the duties of office impartially, uninfluenced by fear or favour whilst exercising reasonable care and skill in the best interests of the Office of the Inspector of Custodial Services. They must actively avoid situations in which private interest, whether pecuniary or otherwise, conflicts or might reasonably be thought to conflict with any public duty.

A potential or actual conflict of interest exists when commitments and obligations to the public duty are likely to be comprised by a staff member's other interests, particularly if those interests are not disclosed.

Any situation which is likely to adversely influence a staff member's objectivity and sense of fairness and relates to the performance of a function under the Inspector of Custodial Services Act 2003 will be considered as a conflict of interest.

A staff member who has directly performed a duty under the Prisons Act 1981 as a prison officer, a superintendent or officer with direct contact with prisoners within the preceding three years must not be permitted to inspect a prison or review a prison service relating to that work.

A staff member must not use information obtained in the course of official duties to gain directly or indirectly a pecuniary advantage.

A staff member must be scrupulous in the use of public property and services, and not permit their misuse by other persons.

A staff member must not allow the pursuit of private interest to interfere with the proper discharge of public duties.

The Inspector of Custodial Services must disclose in writing to the Governor all areas of interest that might reasonably be construed as being in conflict with official duties. All other staff members are required to disclose to the Inspector of Custodial Services, in writing, all areas of interest that might reasonably be construed as being in conflict with their official duties. Should circumstances change after an initial disclosure has been made, so that new or additional facts become material, the staff member must disclose the further information.

In situations where a written statement is provided all reasonable measures must be taken to resolve the conflict. In doing so, the public interest must be made paramount and the reality or the perception of any declared conflict of interests must be minimised or eliminated.

Care must be taken to ensure both the security of the statements and the protection of the privacy of the person submitting the statement.

In cases where there is a request for access to a statement by a third party, the request must be dealt with according to the Law.

Independent Visitors Conduct Guide

1. Introduction

All Independent Visitors are expected to observe standards of conduct which are fundamental to the successful performance of the Independent Visitors Scheme. The Conduct Guide is intended to provide an ethical framework to guide Independent Visitors in their decisions, actions and behaviour, and it advocates values that include integrity, honesty and impartiality. This document sets out the standards of conduct expected of Independent Visitors and goes on to detail examples of inappropriate behaviour. The primary objective is to ensure that standards are maintained and to encourage improvement where appropriate.

2. Standards of Conduct

Independent Visitors are expected to meet high standards of personal conduct. They must:

• Carry out their duties conscientiously and honestly;
• Be courteous, reasonable and fair in their dealings with all members of custodial service staff, offenders, colleagues and members of the public;
• Exercise particular care to ensure that their dealings with members of custodial service staff, offenders and their friends and relatives and any dealings with former offenders and their friends and relatives, are not open to abuse, misrepresentation or exploitation on either side; and
• Not make use of their position to further their private interests.

In all other respects the conduct of Independent Visitors must not:

• Bring discredit to the Minister for Justice;
• Affect or cast doubt on the performance of their official duties; and
• Conflict with their official duties.

In particular, Independent Visitors must inform the Minister for Justice, through the Inspector of Custodial Services:

• If charged with any criminal offence (excluding fixed penalty traffic offences), and take all reasonable steps to do so;
• If they receive a Police caution for any offence other than a minor traffic offence, or if they are convicted of any criminal offence;
• If a close family member is sent to custody; and
• If they have or had in the past a close association with person/s in custody.

Independent Visitors have a duty to:

• Protect official information which is held in confidence;
• Actively avoid situations in which private interest, whether financial or otherwise, conflicts or might reasonably be thought to conflict with their duty. A potential or actual conflict of interest exists when commitments and obligations to their role are likely to be compromised by the Independent Visitors' other interests, particularly if those interests are not disclosed.

3. Inappropriate Behaviour (Misconduct)

The list is detailed and wide-ranging to provide the best possible guidance. It is not necessarily exhaustive. Independent Visitors must be aware that any behaviour which is not specifically listed below, but which is in clear breach of established standards of conduct, may lead to the revoking of their appointment as an Independent Visitor.

(i) Relations with Others at Custodial Places Inappropriate behaviour by Independent Visitors would include:

• Assault on any other person;
• Inappropriate relationships with offenders or members of staff, whereby security or the independence (or the perceived independence) of the Visitor is jeopardised;
• Deliberate provocation of an offender;
• Offensive language or behaviour towards staff, offenders, colleagues or members of the public within the custodial place; and
• Racial or sexual harassment or discrimination towards staff, inmates, colleagues or members of the public.

(ii) Unprofessional Conduct - Including Trafficking Inappropriate behaviour by Independent Visitors would include:

• Any unauthorised monetary or business transaction with, or acceptance of gifts or favours from custodial services staff, offenders, ex-offenders or friends or relatives of staff, offenders or ex-offenders;
• Bringing into or carrying out of a custodial place, without proper authority, any item for or on behalf of an offender or ex-offender; knowingly assisting in such an action; or failing to report such an action; and
• Failure to notify the Minister for Justice, through the Inspector, of actions or relationships in connection with offenders or ex-offenders or the friends or relatives of offenders or ex-offenders, which could otherwise be open to abuse, misinterpretation or exploitation on either side.

(iii) Performance of Duties Inappropriate behaviour includes

• Action or culpable negligence likely to endanger the security of a custodial place, including contributing to the escape of a prisoner;
• Breaches of security;
• Carelessness or negligence which causes or contributes to loss, damage or injury to the Department of Justice, the Office of the Inspector of Custodial Services, or individuals;
• Being unfit whilst on an official visit through drink or drug abuse; and
• Unauthorised drinking of alcohol or taking prohibited drugs, whilst on an official visit.

(iv) Dishonesty and Corruption Inappropriate behaviour includes:

• Dishonesty of any kind, such as false statements, alteration of records, or misappropriation or misuse of official or Office property;
• Corruption (i.e. abuse of official position for personal advantage or gain); and
• Disclosure of official information, held in confidence, to any unauthorised person (including offenders, ex-offenders, their friends or relatives, the press or others).

(v) General Misconduct Inappropriate behaviour by Independent Visitors includes:

• Failure to observe the standards of behaviour as laid down in this Conduct Guide

(vi) Gross Misconduct Some instances of misconduct will be so serious as to make any trust in that Visitor impossible. These fall into the category of gross misconduct and include:

• Unprofessional conduct, including all forms of trafficking or assault;
• Serious acts of negligence causing appreciable loss, damage or injury to Government property;
• Deliberate action leading to serious disorder or loss of control in a custodial place;
• Inappropriate relationships with offenders or custodial services staff, whereby the security of a custodial place; or the independence or perceived independence of the Office, could be compromised; and
• Conviction of a serious criminal offence.