Public servants warned about code of conduct breach from Indigenous voice to parliament activism

Australian public servants have been urged not to express ‘extreme’ views on the Indigenous voice to parliament referendum, with senior employees told they face greater risks from public engagement.

Australian public servants are free to express “personal views” about the referendum to enshrine an Indigenous voice to parliament according to new guidelines.

Australian public servants have been warned not to breach the code of conduct if they campaign during the Indigenous voice to parliament referendum, with staff urged against expressing “extreme” views and senior employees told they face greater risks from public engagement.

Advice from the Australian Public Service Commission (APSC) released on Monday says that bureaucrats, while free to express “personal views” about the referendum to enshrine an Indigenous voice to parliament, should take precautions not to undermine the integrity of the APS.

Federal government employees will be given free rein to attend community events, donate funds, post opinions to social media and discuss the referendum with family and friends but have been warned to make it clear they are expressing personal views.

“APS employees have a lot to offer the public conversation as an informed and engaged cohort,” the advice says.

However, those who play significant roles in the Yes or No campaigns have been alerted to the possibility of a conflict of interest with their official duties. Staff with conflicts have been encouraged to take leave, rearrange existing duties, transfer roles or take a less significant part in the campaign.

A ban has also been placed on the use of Commonwealth resources for campaign activities, ruling out the use of “work email, telephones, printers, or photocopiers” while the display of campaign material in the workplace has also been prohibited.

“If you are involved in the Yes or No campaign, you should make it clear that you are not participating as part of your official duties — for example, you should not wear anything that identifies you as an APS employee when representing the campaign,” the advice says.

The new guidelines state that senior public servants will be at greater risk of harming public confidence in the APS through their engagement in the referendum process and have been urged to “set the tone for the rest of your organisation.”

Senior staff have been reminded that could be “required to lead the implementation of government policies and programs related to the referendum or the voice.”

“The more senior an employee, the more difficult it can be to differentiate comments they make in a private capacity from those made on behalf of their agency or minister,” the APSC advice states.

Staff were also advised that the risk to public confidence is greater “the more extreme your behaviour or expression in participating in the national conversation, including the tone and language of your comments.”

Extreme criticism or praise of the government’s position on the referendum, or the Yes or No campaigns, could “lead a reasonable member of the community to believe you are so entrenched in your position that you can’t put aside your personal views to behave impartially and respectfully at work.”

The advice assures public servants they do not always need to be “neutral in your personal engagement with the referendum — the range of acceptable expression is broad.”

“The question is whether a reasonable member of the community would conclude, on the basis of your behaviour, that you can’t be trusted to work impartially, respectfully, or with integrity in the APS.”

APS employees with an official role advising on or implementing the referendum will face greater scrutiny if they campaign for either the Yes or No case because of a perception that may “have privileged access to knowledge and influence within government.”

“This does not mean that if you are working on the referendum you must not publicly engage with it at all in a personal capacity. But when considering whether to do so, it’s important to be mindful of how that engagement could reasonably perceived by members of the community.”

Public service workers are subjected to a rigid code of conduct which demands a high standard of behaviour to maintain public confidence in the APS.

“It’s important to be aware that your personal engagement in the referendum could potentially breach the Code of Conduct,” the guidelines said.

“The higher the risk that your behaviour could undermine trust in the APS, the more likely it is to be inconsistent with the Code.”