The State election will be held on Saturday 26 November 2022. During the caretaker period (commencing 6.00 pm on Tuesday 1 November 2022) content will only be added to this website in line with the caretaker conventions.
Referendum on altering the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice
Later in 2023, Australians will be asked in a referendum whether they approve a change to the Australian Constitution to recognise the First Peoples of Australia by enshrining a First Nations Voice to Parliament.
The Victorian Government is a signatory to a National Cabinet Statement of Intent and has agreed under this to ‘support a constitutionally enshrined Voice to Parliament’ and to support the Commonwealth Government in ‘ensuring Australians are afforded a free and fair referendum process’.
For many people, the referendum is a sensitive topic with deep personal meaning. All Victorians, including those engaged in public sector roles, may wish to inform themselves about the subject matter of this referendum, so that they can form a view and if eligible, vote, in the referendum.
In doing this, Victorian public sector employees have the freedom to participate in the referendum process in their private capacity, including engaging in public discussion. At the same time all public sector employees need to also continue to comply with the seven public sector values in the Public Administration Act 2004 (PAA), and their obligations in the relevant Codes of Conduct. This includes remaining apolitical, avoiding conflicts of interest, avoiding damage to the public’s trust in how they do their job, and promoting an environment that encourages respect.
This means that while public sector employees may have personal views on the referendum, in expressing these views publicly they still need to comply with their public sector obligations either in or outside the workplace.
Above all, public sector employees should demonstrate the public sector value of respect. This means that racism or any form of discrimination is not permitted under the relevant Codes of Conduct and will not be tolerated.
It is therefore critical that public sector employees and employers maintain a respectful and considerate approach towards their colleagues, other public sector employees, and members of the Victorian community during what may be an emotional and challenging period for some. Particular care must be taken by employers to provide a safe working environment for Aboriginal and/or Torres Strait Islander employees, including setting expectations of behaviour for both managers and staff and providing additional support as appropriate.
In the lead up to the referendum, some employees in the Victorian public sector may be asked to undertake work which supports the Victorian Government’s alignment with the National Cabinet Statement of Intent. The government of the day can lawfully ask public sector employees (other than employees in special bodies) to do this as these employees must implement the policies and programs of the elected government.
The guidance for employees and employers provides more details about the obligations and rights of Victorian public sector employees and employers in the lead-up to the referendum.
If you have any questions about this guidance or require further advice, please email integrity@vpsc.vic.gov.au
Guidance for public sector employees
Yes. The Code of Conduct does not prohibit public sector employees from engaging in political issues or expressing their personal values or moral choices in their personal capacity.
Consistent with other political events, like elections, you can share your views about the referendum in a private way with your friends and family. In case of any doubt, you should make it clear you are expressing your own personal views – and you need to be mindful of how ‘publicly’ you are sharing these views.
However, the Code of Conduct, does impose limits on the conduct of public sector employees. It does so because rights and freedoms such as:
You should ensure you familiarise yourself with all relevant aspects of the public sector values and Code of Conduct before publicly engaging with the referendum in your personal capacity. Some to be particularly aware of include the requirements to:
be apolitical – this incorporates not acting in a manner that may lead a reasonable member of the community to believe that as a public sector employee, you are so entrenched in your position that you cannot put aside your personal views to behave impartially and respectfully at work
avoid conflicts of interest
avoid damage to your employer or the public sector’s reputation and the public’s trust in how you do your job
promote an environment that encourages respect.
If you engage in discussion about the referendum you should make sure it is clear that you are expressing your own views, and that your engagement does not conflict with the particular circumstances of your public sector role.
Some circumstances might make it more difficult for you to comply with the Code of Conduct while engaging in discussion about the referendum. You should consider, as a guide, the following factors when assessing your circumstances and any proposed public engagement in your personal capacity:
Seniority – the more senior you are, the more likely the community is to believe that any comments you make, including in a personal capacity, are based on specialised insider information, or that you are somehow speaking in your professional capacity, despite any assertions you may make to the contrary.
Connection to duties – personal engagement and public comment on the referendum in a personal capacity will be inherently riskier for employees whose professional duties are directly involved, for example, in administering any policies and programs that support the National Cabinet Statement of Intent signed by the Victorian Government. Again, it may be difficult for such staff to plausibly demonstrate a separation between their public duties and their personal views.
Expression – how extreme your view is and how you express yourself. Your views should not be expressed in such a way that a reasonable member of the community believes that you can’t put aside your personal views to behave impartially and respectfully at work. It is never acceptable to make racist or bigoted comments.
This referendum is a sensitive topic, with deep personal meaning for many people. You should be particularly aware of not causing any distress by the way in which you reference this referendum with your colleagues, other public sector employees, and members of the Victorian community that you come into contact within the course of your work. You should not assume that others will vote the same as you, or that you understand why someone may vote differently.
All of the Code of Conduct and legislated obligations apply to any behaviour in a workplace context. In the workplace it’s particularly important that your conduct does not affect, or appear to affect, the apolitical nature of the public sector.
You should not engage in any campaign activities within the workplace, such as holding events which seek to encourage your colleagues to vote a particular way in the referendum.
You should not wear or display any campaign material in the workplace. You can, however, continue to wear materials that demonstrate support for First Nations staff without expressing a position on the Voice Referendum (e.g. lanyards and badges with the Aboriginal flag). You must also not use any work resources to support any campaign except if you are working by express direction on the Victorian Government’s position.
Above all, this is a time to be thoughtful and respectful towards your colleagues, and in particular your Aboriginal and/or Torres Strait Islander colleagues.
You are encouraged to do your own research to form your own position on the referendum.
If you would like to engage with Aboriginal and/or Torres Strait Islander peers on this topic, you should be mindful and respectful of the likely mental, emotional and cultural load Aboriginal and/or Torres Strait Islander people will be experiencing in the lead up to the referendum.
You should not expect Aboriginal and/or Torres Strait Islander people to provide their opinion to inform, challenge, or solidify your position. Be aware that, as with any group of people, First Nations communities are made up of a vast range of diverse perspectives, and Aboriginal and/or Torres Strait Islander people should never be expected to speak on behalf of their whole community.
If your personal values conflict with the Victorian public sector values (as set out in the PAA and reflected in the Code of Conduct), the sector values are expected to have priority in the workplace. If you are unable to reconcile your personal values with what is expected of you at work, you are strongly encouraged to seek advice.
Talk to your manager, your employer’s Employee Assistance Program, your integrity or governance area, a trusted colleague, or a counsellor – and make a decision that preserves both your integrity, your colleagues and that of the Victorian public sector.
You can read the full Code here. Some relevant obligations include:
continue to conduct yourself in an apolitical manner (item 2.2)
only use official information for its official purpose and if you have approval (item 3.4)
ensure any comments made in a private capacity are not related to any government activity you are involved in or connected to as a public sector employee, and make it clear you are expressing a personal view (item 3.5)
where possible, avoid any conflicts of interest and manage those you can’t avoid consistent with your employer’s policies (item 3.7)
ensure any paid work has been approved by your public service employer and that any active involvement with other organisations (paid employment or voluntary work) doesn’t conflict with your public sector role (item 3.8)
at work and in your private life, avoid damage to your employer or the public sector’s reputation and the public’s trust in how you do your job (item 3.9)
only use work resources for appropriate purposes as authorised by your employer (item 5.3)
promote an environment that encourages respect (item 6.1)
value and promote diversity (item 6.4)
treat others fairly and work to eliminate discrimination, harassment and bullying (item 7.1).
Some employees may be asked to undertake work which supports the Victorian Government’s alignment with the National Cabinet Statement of Intent. If you are in this category, you will need to be particularly careful in any personal comments you might make on the referendum, given the connection to your official duties. You will likely have to be more careful in making public comments in your personal life than if you were not doing this work.
If you feel uncomfortable undertaking such work you may wish to speak to your manager. They may be able to arrange alternative duties in some circumstances for the period leading up to the referendum.
The guidance in this document also applies to Aboriginal and/or Torres Strait Islander public sector employees.
There is one additional Charter right in respect of these employees – the right to enjoy culture and identity. Under the Charter, employers have additional obligations to consider the cultural rights, with other members of their community, of First Nations persons including their right to enjoy their identity and culture, to maintain and use their language, and maintain their kinship ties to members of their community. The Charter also recognises the special relationship First Nations peoples have with the land, water and resources in Victoria.
The Code of Conduct obligations otherwise apply equally to this group of employees.
Aboriginal and/or Torres Strait Islander employees may wish to draw on their managers for particular guidance or support, and may also wish to access the supports detailed below.
The VPSC acknowledges that the referendum may be an emotional and challenging event for some employees and their families.
Employees experiencing personal distress are encouraged to speak with their managers, human resources department or employee assistance programs.
First Nations employees can also access specialised support, including:
Yarning SafeNStrong –Yarning SafeNStrong is a free and confidential counselling service provided by the Victorian Aboriginal Health Service for Aboriginal and/or Torres Strait Islander Peoples. You can contact Yarning SafeNStrong by visiting their website or calling 1800 959 563.
13YARN – 13YARN is a national crisis support line for Aboriginal and/or Torres Strait Island Peoples who are feeling overwhelmed or having difficulty coping. You can contact 13Yarn by visiting their website or call 13 92 76
Information about the referendum is provided by the Commonwealth Government and can be accessed here.
Questions about this guidance should be directed to the Victorian Public Sector Commission: integrity@vpsc.vic.gov.au.
Guidance for public sector employers
No. You must uphold the apolitical and professional nature of the public sector. The fact that the Victorian Government has signalled its intent does not mean that the public sector, or specific entities within the public sector,can adopt their own positions on the referendum. You must also ensure that you are providing a workplace that is safe for all employees, including culturally safe for Aboriginal and/or Torres Strait Islander employees.
Employers should not:
adopt an entity-specific position on the referendum (as opposed to recognising that the Victorian Government supports the National Cabinet Statement of Intent). Such adoption of a position would be likely to impair the political neutrality of the Victorian public sector
advocate that employees vote either ‘Yes’ or ‘No’ in the referendum. Doing so would likely impair the impartiality of the public sector
encourage employees to express their personal views on the referendum in a workplace context
encourage employees to wear expressly-designed ‘Yes’ or ‘No’ materials such as lanyards and badges in the workplace – in the case of ‘Yes’-badged items, it is likely to be difficult to distinguish that a person wearing a lanyard is demonstrating the Government’s position with respect to the National Cabinet Statement of Intent, rather than their own personal views. ‘No’-badged items would also conflict with the apolitical requirements.
If your organisation is involved in work in support of the National Cabinet Statement of Intent, you can ask employees to be involved in this work.
However, you may wish to contemplate alternative duties for any employees expressing discomfort about being asked to do this work.
Yes. You can:
inform employees about the Victorian Government being a signatory to the National Cabinet Statement of Intent in support of a constitutionally enshrined Voice to Parliament and explain why it is considered by the Government to be in Victoria’s interests
inform employees about the Victorian Government’s existing policy of supporting the Uluru Statement from the Heart and describe the activities that have been taken in Victoria to progress the elements of that Statement.
You should also:
promote respectful workplace conduct
take actions to support the wellbeing of staff, particularly Aboriginal and/or Torres Strait Islander staff, including by providing mental health supports
recognise that some employees may feel strongly about the Voice, and provide guidance on how they can comply with their obligations under Codes of Conduct and the public sector values in the specific workplace context, if they seek to engage in public discussions about the issue.
You should always respond to the behaviour of employees in a manner proportionate to the risk that the behaviour poses to the public’s trust in the professionalism and impartiality of the public sector. Responses must be reasonable in the circumstances, including being guided by the principles listed in the employee guidance (e.g. seniority, connection to duties and expression), and take into account the nature and gravity of the employee’s behaviour.
