Dear Spindoc

I apologise for the confusion.

You will find the Public Service Act 1999 at the following link. http://www.comlaw.gov.au/Details/C2012C00319 See section 10 (which has only recently been revised) and section 13 for the relevant sections on Code of Conduct. See Australian public Service Commission Guidelines which have only recently been published, on ‘participating on line’ at the following link:
http://www.apsc.gov.au/publications-and-media/current-circulars-and-advices/2012/circular-20121

While the guidelines and the legislation appear benign, the problem arises where an administrator reads down the guidelines in a very narrow way, without taking the implied constitutional freedom as a relevant consideration, and imposes sanctions on the employee without legal authority, even though on its face the decision seems legal as it appears to conform with the guidelines. For example, I am alleged to have brought the department into disrepute, but there is no evidence that the department has been brought into disrepute by my Twitter comments. Further more, if the department has been brought into disrepute by any comments that I may make on Twitter, then it is prima facie reason for the criticism to have been made in the first place on account of my responsibility to the public because public servants have a duty to the public to inform of any maladministration. While there are provisions for ‘whistleblowers’ even in the Public Service Act 1999, the agency may not necessarily comply. See: http://www.comlaw.gov.au/Details/C2012C00319/Html/Text#_Toc320103387

It states: 16 Protection for whistleblowers

A person performing functions in or for an Agency must not victimise, or discriminate against, an APS employee because the APS employee has reported breaches (or alleged breaches) of the Code of Conduct ... In my case, as the court documents show, not only was I victimised, I was not protected from victimisation, instead I was investigated with termination of employment proposed.

It may help to remember that what is at stake here is whether it is a legitimate end for legislation to create a class of persons, public servants, who are precluded from expressing their political opinion in a democracy at all times, regardless whether that comment is critical or not.

LaLegale

Freedom of Speech is just that Freedom of Speech. Unless there is a clear cut case of National Security and the statements are the truth a Public Servant should not be gagged.
Under the terms of the Official Secrets Act and after having taken the Oath of Allegiance I was prohibited from making any statements to anyone, including my family, up until three years ago when the limitation expired. That was 25 years after my release from service. By the any secrets I had to tell were old hat.
The sentence available then was life with hard labor.

Good grief chrisgaff1000!

Anything I were to say would be superfluous. When discussing this question, it feels like I am trying to untangle a ball of wool that the cat's been playing with!

Do you have anymore thoughts on this that you would be happy to share?

LaLegale

many public servants have demonstrated more self interest than serving the public. Sickies, long weekends, overtime and self entitlement often dominate. No wonder so many of them vote for the Greens/Labour. I know their are also many hard working public servants. Unfortunately we also have the likes of the Climate Institute made up of spin doctors in white coates who are still pushing the gw dogma in order to protect their own jobs. Thankfully only a couple of weeks to go.

Hi LaLegale,

Forgive me for being persistent on the issues of what precisely is the problem.

I’ve checked your links and still can’t find any answers. What precisely is the problem?

Please point to the part (s) of the said Public Service Act 1999 that prohibits public comment under public service rules by public servants?

Looking forward to your directions

It all comes back to what it is that you feel you need the "Freedom of Speech" angle to function on. The truth speaks for itself and one should never be afraid of the truth. My personal problem was that we were the ones creating the "TRUTH" and were therefore subjective to the equation. I had a boss [Station Chief] who always said "Never Lie" except when and where the truth is concerned then Lie like a 'pig in s*-8"