Code of Conduct and Ethics A framework for the Australian Private Investigators Network (APIN)
June 2008 Version 1.0 Review date: Every two years, or as required Distributed : Via members web site.
Introduction
This Code of Conduct and Ethics has been developed to help you understand expected standards of conduct and behavior, and decide how to deal with ethical problems you may encounter as a member of the Australian Private Investigators Network (APIN). Our effectiveness relies on having members committed to the highest standards of professionalism and integrity, and who embrace and exhibit values, which the Association upholds.
These values include:
integrity, through honesty, consistency and fairness equity and social justice
respect for the diversity of our multicultural society
achievement, through diligence, industry consultation and creative thought
accountable, efficient and effective professional service provision.
This Code of Conduct has been developed to make clear how these values translate into behaviour. The Code applies to every individual member who is required to commit to adhering to the principles embodied in this Code.
1. Personal and Professional Behaviour
What is expected of You?
You must always:
Perform your investigations conscientiously, honestly and fairly and keep up-to-date with advances in your areas of specialization.
be honest, reasonable, fair and sensitive in your dealings with members of the public and association members.
give accurate and impartial advice to the Government and private industry.
Abide by all relevant state and federal laws, regulations, industry and administrative codes of conduct.
adhere to the Equal Employment Opportunity principles.
adhere to the Association values.
members should act as positive role models.
promote ethical conduct, fairness and equity in the workplace
ensure equal access to training
ensure that the work environment for members and contractors is safe.
value and encourage diversity and creativity.
ensure that personal information of clients and associate members is protected.
2. Guide to Ethical Decision Making
Five questions you should consider when making decisions:
Is the decision or conduct legal and consistent with association policy?
Is the decision or conduct in line with the association’s code of conduct?
What will the consequences be for me, my colleagues, the association and others?
Do these outcomes raise a conflict of interest or lead to a personal gain to which I am otherwise not entitled?
Can the decision or conduct be justified in terms of the public interest and would it withstand public scrutiny? For example, it would be unethical to use privileged information to gain a financial benefit.
3. Conflicts of interest
How can I avoid a conflict of interest?
You must ensure that your interests, or those of people close to you, do not conflict with the proper performance of your job and membership. A conflict of interest would exist when any one or more of these circumstances arise:
you have a financial interest in a matter that you are investigating. For example, you are known to the party or parties been investigated or are linked by others and you are or will receive a monitory benefit directly or indirectly or have any related links that appear to be a conflict or not.
you have a personal, philosophical, religious, moral or political belief or attitude that could influence, or be seen to influence, the impartiality of the service you provide.
you accept an investigation that may, or may appear to, compromise your integrity and that of the APIN.
you are a member of a committee panel where you have a relationship with the investigator that is before the committee and the interest is not declared.
you are a member of another association external Board or an organization that is directly or indirectly attempting to undermine members or APIN.
It is your responsibility to avoid conflicts that could compromise the impartial performance of your job and your membership with APIN, and to disclose potential, actual or perceived conflicts of interest to the Executive committee.
4. Gifts and Benefits
Can I accept or give gifts or benefits?
Acceptance or giving of a gift or benefit can create a sense of obligation that may compromise honesty and impartiality. This may also affect the public perception of the integrity and independence of the Association and its members.
Always consider the value and intent of a gift or benefit before making any decisions about accepting or giving it – sound judgment is essential in these instances. Even the perception of compromise can be damaging to you and the Association.
Types of gift giving can be categorised as:
gifts of influence: intended to ingratiate the giver with the recipient for favorable treatment in the future (for example, an incentive gift from a supplier, discounted or free of charge travel services)
gifts of gratitude: offered to an individual or agency in appreciation of specific tasks and for exemplary performance of duties, for example a modest bottle of wine or chocolates
token gifts: offered in business situations to an agency or public official representing an agency, for example, pens, calendars, folders
ceremonial gifts: official gifts that are offered from one agency to another.
The following principles apply in accepting gifts or benefits:
you must not ask for gifts or benefits
you can accept a gift only where it is given in gratitude or as a token and has a dollar value less than $100 and then only where refusal would be unreasonable and unnecessarily offensive.
you must report any offer or suggestion of a substantial gift or benefit to yourself or family to your supervisor or Executive committee.
you should avoid all situations which create the appearance that the person, offering the gift or benefit might expect it to influence the way you do your job or your membership obligations.
you should ensure that your family and relatives do not receive benefits which could give the appearance of an indirect attempt to secure influence or favor.
5. Public Comment
Do I have the right to make public comment on behalf of the APIN?
Public comment includes public speaking engagements, comments on radio and television or to a journalist, views expressed in letters to newspapers or in books, journals and notices where it might be expected that the publication or circulation of the comment will spread to the community at large. Comments made in email messages may also be interpreted as public comment.
The official spokesperson for APIN is designated by the executive committee.
You cannot initiate contact with the media unless authorised by the executive committee in matters directly relating to APIN or views expressed or implied that may be linked to APIN directly or indirectly.
You must direct any media enquiries to the executive committee or the designated spokesperson of the Association. You must not attempt to respond to the enquiry (even if “off the record”), under any circumstances.
Outside the Association, you have a right to comment publicly on political and social issues, provided you make it clear you are not making an official comment on behalf of the APIN.
6. Official and Confidential Information
How should I handle official and confidential information?
During your work you will have access to commercially confidential and/or sensitive information which could relate to corporate clients, government clients, your co-members and the general public.
you must ensure the integrity and security of information and documents for which you are responsible.
you may not use confidential information for any unofficial purpose outside the original intended purpose.
you may use confidential or official information only in a manner that will be consistent with your obligation to act impartially
you must exercise caution and sound judgement in discussing sensitive information with other members. It should normally be confined to those who require access to that information in order to do their jobs, or those who can by reason of their experience, provide useful assistance
you may not use information gained in your professional capacity for personal gain
you may disclose information that is normally available to members of the public or if you are satisfied the request is legitimate and you have appropriate authority to release it
you must not improperly collect, use or disclose the personal information of individuals.
information gained in the course of your work must not be used to cause harm or detriment to APIN or any person or body.
Association documents, including in-confidence documents, emails and electronic information, must be properly and safely secured at all times
you must treat email as carefully as hard copy information
7. Corrupt and Unethical Conduct
What should I do if I become aware of corrupt conduct?
You must report any potentially corrupt or unethical conduct you become aware of. You do not need proof of corrupt or unethical conduct, you need only to have reasonable grounds to suspect this is occurring.
Depending on the circumstances, you should report possible corrupt or unethical conduct to the Executive Committee.
8. Breaches of the Code
What happens if I breach the Code of Conduct?
You should be aware that APIN may take disciplinary action for breaches of this Code.
Action may include counseling, official notification of unsatisfactory performance, formal cautions or termination of membership.
In serious cases the matter may be referred to the Police or other appropriate authorities.
