Early Childhood Care and Development Policy Partnership Probity Framework

This Probity Framework (the Framework) is intended for use by the Early Childhood, Care and Development Policy Partnership (ECCDPP or Partnership) to support shared decision-making through transparent and accountable processes, and to establish a framework that ensures perceived, potential and/or actual probity risks are identified and managed effectively.

Introduction

Probity is the evidence of ethical behaviour, and can be defined as complete and confirmed integrity, uprightness and honesty in a particular process.

There are probity risks within any decision-making forum. While risks can be managed and mitigated with the presence of good governance arrangements, the actual, potential or perceived conduct or behaviour of participants may give rise to probity risk.

Probity measures are context-driven, responding to risk (on the one hand) and achieving policy outcomes (on the other), having regard to the respective operating environment. Good probity practice can improve the quality of decision-making, as well as provide an enhanced basis for trust (acceptance of decisions). Probity measures are intended to be proportionate to risk and judged on a case-by-case basis, rather than an absolute or constant measurement.

In the context of government procurement, good probity practice helps to demonstrate that value with public money is achieved. In respect of non-financial initiatives which affect rights, probity helps to demonstrate that achieving public value through transparency and objectivity are key factors in decision-making.

The intent of the Partnership is to undertake genuine shared decision-making involving Commonwealth, State and Territory officials and Aboriginal and Torres Strait Islander representatives to drive policy change and strategic reform to positively impact the lives of Aboriginal and Torres Strait Islander children and their families. In this context, the Department of Education undertakes shared decision-making in accordance with the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA Act).

Formal partnership and shared decision-making mechanisms provide a powerful opportunity to embed Aboriginal and Torres Strait Islander research, knowledge and approaches into government policies and decision-making. Successful shared decision-making requires adjustments to existing government decision-making processes and should extend beyond the Partnership, to achieve the government-wide transformation set out in the National Agreement on Closing the Gap.

To enrich the probity environment in the Partnership, Partnership Participants and supporting organisations should work together in an ethically and culturally appropriate way with clear roles and responsibilities to ensure decisions are made by consensus in an open and transparent manner. This includes ensuring that key artefacts (such as documents, minutes evidencing decision making, and relevant communications relating to Partnership activities) are recorded and appropriately maintained so decisions made by the Partnership can be explained clearly to stakeholders and the Department of Education meets its legislative requirements.

The guidance provided in this Framework will help Partnership Participants ensure the activities of the Partnership are conducted in an ethical and defensible manner.

To ensure this Framework effectively supports the work of the ECCDPP, it is focused on the delivery of the Partnership’s common goals (referred to as the Partnership Goal – see glossary of terms at Appendix A). It is the common interest and duty of all Participants (including advisors) to act to achieve the Partnership Goal.

The concept of Partnership Goal used within this Framework is aligned to the concept of the “public interest” (or “public value”) used in most probity frameworks. In meeting the Partnership Goal, Members will also meet the objectives set out in the National Agreement on Closing the Gap.

As a foundational governing document of the ECCDPP, this probity plan will be reviewed and updated as required, in parallel with the annual review of the Partnership’s Agreement to Implement and the Operating Protocols.

In the event that Participants do not comply with the Probity Framework, such non-compliance will first be raised with the Co-Chairs for considerations and guidance on next steps. Co-Chairs may seek legal and probity advice in the course of any identified non-compliance.