Common use of Access to and use of information Clause in Contracts

Access to and use of information. Employees often have access to, or are provided with, information that may need to be considered or treated confidentially. Such information should be handled in a careful and prudent manner, and the interests of the community must be balanced with the potential for damage if confidentiality is not maintained. Particular care is required when discussing or dealing with those matters that the Council has resolved to consider as confidential, and which carry a penalty for breach of the confidential order, under Part 3 Public Access to Council and Committee Meetings Section 90 (Meetings to be held in public except in special circumstances), of the Local Government ▇▇▇ ▇▇▇▇ (SA). Information should not be used or disclosed in a way that may: - cause significant damage or distress to a person - cause significant damage to the interests of Council - confer a commercial or financial advantage or disadvantage on a person. Such a use is illegal. It is recognised that many employees live, own property, or have commercial or personal interests within the Berri Barmera Council area and as an employee, may come into contact with information which may impact upon those interests. Such information should not be used for commercial or private benefit, nor should such information be passed to another party who may use it for personal or commercial benefit or in action against the interests of the Berri Barmera Council. If any employee is confused or uncertain about what information can be used or passed to another party it should be discussed with their manager or the Chief Executive Officer. Information received or observations made by an employee which relate to an alleged breach of this Code must be referred to: - Chief Executive Officer and Department Manager in the case of an employee - the Chief Executive Officer in the case of a Department Manager - the Mayor, in the case of the Chief Executive Officer. In the event of an employee allegedly breaching this Code, the Chief Executive Officer/Department Manager (or in the case of the Chief Executive Officer breaching the Code, the Mayor) will investigate the information and, if deemed appropriate, conduct an inquiry. The principles of natural justice will be observed, and the person to whom the information relates will be given full details and a reasonable opportunity to respond to the allegations. In the event of an inquiry, the findings will be dealt with in the following manner:  In the case of an employee, appropriate disciplinary action will be taken in accordance with relevant administration procedures  In the case of dissatisfaction with the outcome of the inquiry, relevant administration procedures will apply in the first instance, with the further option of exploring appropriate external avenues. Nothing in this Code of Conduct negates an employee‟s right to pursue actions pursuant to any other Act, award or relevant industrial agreement or legislation which may apply. All deliberations relating to allegations of impropriety, including non-compliance with this Code, must be conducted in the strictest confidence. Vexatious and malicious allegations or complaints made by employees are considered unacceptable and may expose the employee to the risk of individual defamation proceedings or termination of their employment. Such behaviour is not consistent with the principles and standards expected of employees. Any employee making vexatious or malicious allegations or complaints about another employee may be subject to disciplinary action.