6. Compliance
The Queensland Government is committed to the implementation of this Code.
Breaches of the Code and any related Implementation Guidelines by parties to the Code as may be evidenced through non-compliance or unethical activity, may result in sanctions being invoked.
Where the breach also involves any law or statute, the matter will be referred to the relevant enforcement agency. Monitoring compliance with specific statutory requirements, however, remains the responsibility of the Government agency that administers those requirements.
The Queensland Government has made compliance with the Code a key measure of agencies’ performance.
6.1 Breaches by Government Agencies and Agency Employees
Proven breaches by a Government agency will be reported to the responsible or portfolio Minister who will consider appropriate changes to that agency’s policies practices and/or procedures to ensure future compliance with the Code.
Where it is demonstrated that individuals have acted in contravention of the agency’s policies, practices and/or procedures and this Code, disciplinary action may be taken where appropriate.
6.2 Breaches by Other Parties
The Queensland Government will impose sanctions for proven breaches of the Code which, depending on the nature and severity of non-compliance may involve:
- a formal warning;
- referral of a complaint to the relevant industrial association for assessment against its own code of conduct, if applicable, and appropriate action;
- reporting the breach to an appropriate statutory body;
- partial exclusion from tendering opportunities; that is, a reduction in the number and/or nature of tendering opportunities; or
- preclusion from tendering for any work for a specified period.
6.3 Enforcement
Government Agencies as Clients
Government agencies will support the application of the Code. As a minimum, in order to facilitate industry accessibility, each agency will:
- establish internal coordination procedures for managing Code matters; and
- establish and advertise a central point of contact.
In addition, the Department of Employment, Training and Industrial Relations, Department of Public Works and the Department of Main Roads will cooperate in monitoring the Code on a whole-of-government basis.
6.4 Role of Industry
In addition to the Queensland Government seeking to ensure compliance with the standards of behaviour defined in the Code, it is expected that the relevant industry parties will contribute to achieving these standards. The circumstances of any breach will be referred to the relevant association for action.
Last updated July 25, 2005
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