This chapter sets out the Department's policy on appropriate use and collection of official and personal information and on appropriate use of official resources.
Employees should contact the Ethics, Integrity and Professional Standards Section at conduct@dfat.gov.au if they require clarification on the contents of this Manual or if they are uncertain about the ethical implications of a proposed course of action.
7.1 Appropriate Collection, Use and Disclosure of Official, including Personal Information
Appropriate collection, use and disclosure of official, including personal information
7.1.1 All employees must prevent the unauthorised collection, use and disclosure of official information, including personal information of individuals held by the Department. All employees must only collect, use, or disclose official information (including personal information) where there is a legitimate need to know to fulfill their official duties.
7.1.2 Official information is held by the Department on behalf of the Government and includes personal information of those who use the services of the Department. APS employees, LES and contractors must always collect, use or disclose official information (including personal information) appropriately. They must protect against, and not make, unauthorised collections, uses or disclosures of official information. Official information (including personal information) should only be collected, used (including making it available to other employees) or disclosed by employees who have a legitimate need to know to fulfil their duties.
7.1.3 Inappropriate collection, use or disclosure of official information (including careless handling, poor security practices and accessing official information without a legitimate need to know) may compromise security, commercial interests or privacy of individuals. It may also compromise the Department's reputation. Making an unauthorised disclosure of official information or "leaking" could affect the Department's access to sources of political and economic intelligence. The Department recognises the legitimacy of the disclosure of information relating to alleged misconduct in the Department to authorised persons under the Public Interest Disclosure Act 2013, as set out in section 11.2 of this Manual.
7.1.4 Inappropriate collection, use or disclosure of official information (including careless handling, poor security practices and accessing official information without a legitimate need to know) may constitute a breach of relevant Codes of Conduct and Australian law.
7.1.5 The APS Code of Conduct and the standard LES Code of Conduct require APS employees and LES to behave honestly and with integrity, to act with care and diligence and to comply with applicable Australian laws in connection with their employment. Contractors must behave similarly in accordance with provisions in their contracts.
7.1.6 APS employees, LES and contractors must comply with the Department's policies in relation to the protection of official information. For APS employees and appropriately cleared LES and contractors, this includes the Department's Security Framework which provides definitive guidance on the appropriate use of official information.
Case study - Appropriate access tp personal information
In my work, I have access to personal information about members of the public. On occasions, I have been curious about friends of mine and looked up their records just to see what's on their files. Is it OK to do this if I don't disclose the information to anyone?
No. You should not look up the records of friends or family, regardless of whether you have a business need. Even if you do not disclose the information to others, inappropriate access to personal information of friends or family (including passport application data, consular records, employee records or any other personal information held by the Department) may compromise the privacy of those individuals and may constitute a breach of the Privacy Act 1988. The Department may investigate this type of inappropriate access to personal information as a possible breach of the APS or LES Code of Conduct.
The Media and Members of the Australian Parliament
7.1.7 APS employees, LES and contractors must comply with the Department's policies in relation to the protection of official information. For APS employees and appropriately cleared LES and contractors, this includes the DFAT Security Framework which provides definitive guidance on information security.
7.1.8 Further guidance on the responsibilities of APS employees in relation to the disclosure of official information (particularly when dealing with non-government members of the Parliament) can be found in the APSC APS Values and Code of Conduct in Practice, in particular, Section 1: Working with the Government and the Parliament and Section 4: Managing Information.
7.2 Appropriate Use of Official Resources
Appropriate Use and Collection of and Access to Official Resources
7.2.1 The PGPA Act requires the efficient, effective, economical, and ethical use and management of public resources. All employees must understand that official resources are made available to employees for official use. Misuse may constitute a breach of the APS Code of Conduct, and in some cases, fraud against the Commonwealth. Exercise judgement and caution and comply with relevant legislation and Departmental policies on your use of official resources.
7.2.2 Official resources are resources owned or controlled by the Commonwealth. They may include money or money-like resources (such as frequent flyer points, tangible goods (such as furniture or computer equipment), intangible goods (such as software), or services derived from those tangible or intangible goods (such as email or internet).
Case study - Appopriate use of information technology (IT).
I have a second job editing documents and novels for publication, can I use my DFAT laptop to do this work while I am not busy?
No. DFAT allows officers limited and reasonable personal use of work devices in circumstances where the use:
- Does not interfere with ICT work related use and intended purpose
- Models the appropriate APS behaviours
- Complies with ICT and DSF Policy
- Does not impose significant costs for the Department
- Does not adversely affect DFAT.
7.2.3 Official resources are made available to employees for official use. While the Department accepts modest private use of a very limited number of official resources (such as using email or the telephone at), APS employees, LES employees and contractors must exercise judgment and caution, and must comply with relevant legislation and Departmental policies, in their use of official resources. In particular, they must comply with the PGPA Act and the Department's Financial policies, which govern the appropriate use of Commonwealth resources (money and public property) in the Department. Employees must also act honestly and with integrity, and must comply with relevant Departmental policies, in making legitimate personal claims to official resources.
Case study - Appopriate use of allowances
I have recently been on a two-week work trip. While I was away, I was provided with breakfast at three of the functions I attended in my official capacity. Can I still claim my TA for breakfast in my hotel?
No, employees are not entitled to the corresponding part of the meals component of travelling allowance (TA) if any element is provided or paid for by any entity while the employee is acting in an official capacity. Under the APS Code of Conduct all employees are required to use Commonwealth resources appropriately. Similar provisions exist in the LES Code of Conduct.
When travelling domestically, employees are required to complete the acquittal process in SAP which requires you to declare accommodation and/or meals provided.
7.2.4 Misuse of official resources may constitute fraud against the Commonwealth. APS employees and contractors who commit fraud against the Commonwealth may be guilty of an offence under the Crimes Act 1914. LES employees who commit fraud against the Commonwealth may be guilty of an offence under relevant local law. Section 9.3 of this Manual provides further advice on fraud.
7.2.5 Misuse of official resources may also constitute a breach of relevant Codes of Conduct. The APS Code of Conduct and the standard LES Code of Conduct require APS employees and LES employees to behave honestly and with integrity in connection with their employment, to use official resources in a proper manner and not to make improper use of their duties, status, power or authority to gain or seek to gain a benefit or advantage for themselves or others. Contractors must behave similarly in accordance with provisions of their contracts.
Case study - Appopriate use of corporate credit cards
I have been invited to an official Government dinner. Can I use the Department's corporate credit card to pay for a taxi or an Uber ride to the event?
Yes. In most circumstances you can use your corporate credit card to attend official work functions.
All holders of corporate cards must sign an undertaking acknowledging the terms and agreements governing the use of the card. One of these terms and conditions is that the card is not used for private purchases. The Credit Cardholder and Credit Card Management Policies provide further guidance. If the corporate card were to be used for private purchases, this may constitute a breach of the APS Code of Conduct, as all employees must use Commonwealth resources in a proper manner.
Departmental Policies on Appropriate Use of Official Resources
7.2.6 Departmental policies on appropriate use of official resources are found in a range of Departmental policy documents, located on the blue ribbon under 'ICT' on the intranet 'Welcome Page'. ICT policies can be found on the ICT policy & procedures webpage.
The appropriate use of Commonwealth resources (money and public property) in the Department is also governed by the PGPA Act.
Case study - Appropriate use of internet
I often go on-line at work to check my private e-mail, follow the local news and pay bills. I don't spend too much time on the internet on any given day, but is there a limit to how much time I'm allowed to spend on the internet for private purposes?
The internet is a tool available to employees for official business. Under the Department's ICT Acceptable Use Policy the use of the internet for private purposes is permitted within reason. There is no set time limit - the Department relies on the professionalism and good judgment of its employees. But in general terms, use of the internet for private purposes must not affect or conflict with your official duties and it must not be excessive.
Leave in Conjunction with Official Short-Term Travel
7.2.7 The Department allows employees to apply for recreation leave to be taken during the course of official short-term travel. In allowing employees to do so, the Department seeks to avoid perceptions that employees have arranged official travel to facilitate private leave; to ensure that employees are not seen to be deriving a benefit from their duties, status, power or authority; and to maintain equity in conditions of service so that employees who travel as part of their work do not, in effect, gain additional leave fares not available to their colleagues.
7.2.8 The Department's policies on annual leave whilst on official travel are set out in detail in (chapter 16 of) the Travel Policy. LES should consult the LES Conditions of Service in place at post.