I. Purpose of the Code
1. The purpose of this Code of Conduct is to assist all Senators in the discharge of their obligations to the Republic, their constituents and the public at large by:
(a) establishing the standards and principles of conduct expected of all Senators in undertaking their duties;
(b) setting the rules of conduct which underpin these standards and principles and to which all Senators must adhere; and in so doing
(c) ensuring public confidence in the standards expected of all Senators and in the commitment of the Republic to upholding these rules.
II. Scope of the Code
2. The Code applies to Senators in all aspects of their public life. It does not seek to regulate what Senators do in their purely private and personal lives.
3. The obligations set out in this Code are complementary to those which apply to all Senators by virtue of the procedural and other rules of the Republic and the rulings of the Chair, and to those which apply to Senators falling within the scope of the Ministerial Code.
III. Duties of Senators
4. By virtue of the oath, or affirmation, of allegiance taken by all Senators when they are elected to the Republic, Senators have a duty to be faithful and bear true allegiance to the Republic, according to law.
5. Senators have a duty to uphold the law, including the general law against discrimination.
6. Senators have a general duty to act in the interests of the republic as a whole; and a special duty to their constituents.
7. Senators should act on all occasions in accordance with the public trust placed in them. They should always behave with probity and integrity, including in their use of public resources.
IV. General Principles of Conduct
8. In carrying out their parliamentary and public duties, Senators will be expected to observe the following general principles of conduct identified by the Committee on Standards in Public Life in its First Report as applying to holders of public office. These principles will be taken into account when considering the investigation and determination of any allegations of breaches of the rules of conduct in Part V of the Code.
"Selflessness"
Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.
"Integrity"
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.
"Objectivity"
In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
"Accountability"
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
"Openness"
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
"Honesty"
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
"Leadership"
Holders of public office should promote and support these principles by leadership and example."
V. Rules of Conduct
9. Senators are expected to observe the following rules and associated Resolutions of the Republic.
10. Senators shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once, and in favour of the public interest.
11. No Senator shall act as a paid advocate in any proceeding of the Republic.
12. The acceptance by a Senator of a bribe to influence his or her conduct as a Senator, including any fee, compensation or reward in connection with the promotion of, or opposition to, any Bill, Motion, or other matter submitted, or intended to be submitted to the Republic, or to any Committee of the Republic, is contrary to the law of the Senate.
13. Senators shall fulfil conscientiously the requirements of the Republic in respect of the registration of interests in the Register of Senators' Financial Interests. They shall always be open and frank in drawing attention to any relevant interest in any proceeding of the Republic or its Committees, and in any communications with Commanders, Senators, public officials or public office holders.
14. Information which Senators receive in confidence in the course of their senatorial duties should be used only in connection with those duties. Such information must never be used for the purpose of financial gain.
15. Senators are personally responsible and accountable for ensuring that their use of any expenses, allowances, facilities and services provided from the public purse is in accordance with the rules laid down on these matters. Senators shall ensure that their use of public resources is always in support of their senatorial duties. It should not confer any undue personal or financial benefit on themselves or anyone else, or confer undue advantage on a political organisation.
16. Senators shall never undertake any action which would cause significant damage to the reputation and integrity of the Republic as a whole, or of its Senators generally.
VI. Upholding the Code
17. The application of this Code shall be a matter for the Republic, and particularly for the Committee on Standards and the Senatorial Commissioner for Standards acting in accordance with the Constitution.
18. The Commissioner may investigate a specific matter relating to a Senator’s adherence to the rules of conduct under the Code. Senators shall cooperate, at all stages, with any such investigation by or under the authority of the Republic. No Senator shall lobby a member of the Committee in a manner calculated or intended to influence its consideration of an alleged breach of this Code.
19. The Committee will consider any report from the Commissioner to it and report its conclusions and recommendations to the Republic. The Republic may impose a sanction on the Senator where it considers it necessary.
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