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What is the legal status of the code of conduct?

The Commissioner has the power 3 to set minimum standards of integrity and conduct and apply a code of conduct to agencies.  Agencies can develop additional or detailed standards if they are consistent with the Commissioner’s standards.

Once an agency has been notified in writing by the Commissioner that the code applies to it, the agency, including its employees, contractors and secondees engaged in relation to a function, duty or power of the agency, is legally required to comply.  The legal obligation applies whether or not the code of conduct is mentioned in the terms and conditions of employment agreements.

3: State Sector Act 1988, section 57.

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