Overview

This code of conduct describes the minimum expectations the Department for Education has of suppliers that are engaged to do business with the department.

Application of this code

The Department for Education (the department) seeks to work with suppliers who meet or exceed minimum expectations as outlined in this code and continually strive to improve the standards of its practices. These expectations are not intended to supersede or change the supplier’s regulatory and contractual requirements. Suppliers are expected to operate in compliance with the laws, rules, standards and regulations of the jurisdiction in which they conduct their business.

The department expects our suppliers to communicate the code to their aligned entities, suppliers, and sub-contractors that support them in their supply chain in supplying goods and services to the department, to ensure they are aware of and comply with the code.

Ethical expectations

Managing conflicts of interest

You must ensure that all actual, perceived and potential conflicts of interest are disclosed as soon as possible throughout the procurement process and in connection with your dealings with the department.

Professional conduct

Your business behaviour must be beyond reproach. Suppliers must not engage in fraudulent or corrupt activities included, but not limited to, bribery, collusion and money laundering or act in a manner which, by association, brings the department into disrepute.

Supply market behaviours

Suppliers should encourage innovation and competition and must not act in a manner that misuses your market power.

Confidentiality and handling of information

A diligent and practical approach must be taken to ensure sensitive information is appropriately managed in line with confidentiality agreements and associated policies and legislation. Suppliers must not improperly use private, confidential, or commercially sensitive information in its possession in connection with its dealings with the department.

Suppliers are also expected to manage cyber security, data protection, and personal data to the industry standard and in accordance with relevant data protection and data privacy laws and should be able to demonstrate on ongoing commitment to managing cybersecurity and data protection risk.

Behaviour towards department employees

Suppliers are expected to respect the code of conduct and conduct requirements that department employees need to meet, and not undertake actions that run counter to these obligations. Suppliers must not try to influence decision making through the use of inducements including offering gifts and benefits.

Model good business practices

Supplier’s operations should reflect management and industry best practice.

The department expects a commitment to sound effective management administration and managing risk and mitigation systems to ensure effective corporate governance and a reliable supply chain for the department.

Sub-contractor payments

Suppliers are expected to offer payment terms to sub-contractors similar to the terms provided to businesses by the department. The Department for Education is committed to payment terms of 15 calendar days from receiving the invoice.

Social expectations

Providing and supporting local jobs

The department values suppliers who provide quality and secure local jobs, including supporting opportunities for local Aboriginal businesses.

Workplace health and safety

Workplace health and safety and staff wellbeing are important to the department. Suppliers are required to provide a safe and healthy work environment which includes implementing sound health and safety management practices into its day-to-day operations.

Suppliers are expected to:

• comply with all applicable workplace health and safety laws and regulations
• manage and review workplace hazards
• proactively train staff, where necessary.

Work to stop domestic and family violence

The department is committed to ending domestic and family violence. The department asks all suppliers to support this initiative by having a zero tolerance towards domestic and family violence statement or a clear policy position regarding the issue.

Fair treatment of employees

Suppliers must ensure every staff member’s workplace rights and entitlements comply with relevant workplace laws, regulations and instruments including:

• wages
• working hours
• leave entitlements
• superannuation.

Subject to applicable laws, suppliers are expected not to discriminate against any staff member based on:

• age
• disability
• gender
• race
• religion
• any other status protected by law.

This extends to the hiring of potential employees.

The department expects suppliers to commit to a workplace free from bullying, harassment, victimisation and abuse, and must not subject staff to unlawful or inhumane treatment.

Human rights

Suppliers are expected to take all reasonable steps to ensure their business and associated supply chain are not engaged in or benefitting from human rights exploitation or any modern slavery practices as defined in the Modern Slavery Act 2018. This includes:

• proactively conducting risk assessments and managing risks in vulnerable industries
• establishing policies and practices that address any identified risks of modern slavery and other human rights exploitation.

Promoting workplace diversity

The department values suppliers with policies and practices that encourage diversity and ensure equal employment opportunities for all people.

Environmental expectations

The department is committed to promoting environmental responsibility and using procurement practices as a lever to improve environmental outcomes.

Environmental sustainability

Suppliers are expected to promote environmental sustainability and mange the impact on the environment through:

• waste minimisation and recycling
• the efficient use of energy, water and natural resources
• reducing the use of hazardous and toxic substances, and ensuring they’re disposed correctly
• reducing and off-setting carbon emissions
• minimise packaging
• maintain practices that reduce pollution, loss of biodiversity, deforestation and damage to ecosystems.

Suppliers are also expected to comply with all applicable environmental laws and regulations.

Reporting expectations

Reporting key business changes

The department must be notified of key business changes or decisions that will impact, or potentially impact, the delivery of goods and services to the department.

Reporting misconduct, unethical behaviour and suspected corruption

Suppliers are expected to report misconduct, unethical behaviour and suspected corruption to the relevant body. The Office for Public Integrity is a valuable resource regarding reporting complaints about corruption, misconduct and maladministration.

The department’s Chief Procurement Officer should be notified if a supplier believes another supplier is in breach of this code or a Department for Education employee has breached the Code of Ethics for the South Australian Public Sector. Suppliers should notify the department’s Chief Procurement Officer of serious misconduct and suspected corruption, and report the matters to the Office for Public Integrity.

Record history

Published date: September 2023