Responsibility to society and the consulting industry

The consulting engineer shall:

- Accept the responsibility of the consulting industry to society.
- Seek solutions that are compatible with the principles of sustainable development.
- At all times uphold the dignity, standing and reputation of the consulting industry.

Competence
The consulting engineer shall: 
- Maintain knowledge and skills at levels consistent with development in technology, legislation
and management, and apply due skill, care and diligence in the services rendered to the client.
- Perform services only when competent to perform them.
Integrity
The consulting engineer shall:
- Act at all times in the legitimate interest of the client and provide all services with integrity and
faithfulness.
Impartiality
The consulting engineer shall:
- Be impartial in the provision of professional advice, judgement or decision.
- Inform the client of any potential conflict of interest that might arise in the performance of
services to the client.
- Not accept remuneration which prejudices independent judgement.
Fairness to others
The consulting engineer shall:
- Promote the concept of “Quality-Based Selection” (QBS).
- Neither carelessly nor intentionally do anything to injure the reputation or business of others.
- Neither directly nor indirectly attempt to take the place of another consulting engineer, already
appointed for a specific work.
- Not take over the work of another consulting engineer before notifying the consulting engineer
in question, and without being advised in writing by the client of the termination of the prior
appointment for that work.
- In the event of being asked to review the work of another, behave in accordance with
appropriate conduct and courtesy.

ON
The consulting engineer shall:
- Neither offer nor accept remuneration of any kind which in perception or in effect either a)
seeks to influence the process of selection or compensation of consulting engineers and/or their
clients or b) seeks to affect the consulting engineer’s impartial judgement.
- Co-operate fully with any legitimately constituted investigative body which makes inquiry into
the administration of any contract for services or construction.
 
Full professional service

A full professional service by a Consulting Engineer to a Client for a project comprises five main
stages, as follows:
1. investigation and report
2. detailed design and preparation of contract documents
3. arranging a contract
4. services-during-construction
5. acceptance of Works, commissioning of systems, and resolution of final account.
In performing services, the principal duty of a Consulting Engineer is to render faithfully those
which are entrusted to him, and the remuneration he receives is solely that paid by his Client.

Partial service

A Consulting Engineer who undertakes only some of the services comprised in a full
professional service, is not in a position to take responsibility for the performance or
consequence of those which are not entrusted to him.

Payment for services-during-construction

Payment for services-during-construction should be based on the duration and scale of the
project, except for payment for resident site staff. That should be based on the staff numbers,
categories and duration that in the event prove to be required. Although the services of the
Consulting Engineer may include his recommendation as to the numbers and categories of
resident site staff required for the proper discharge of resident services-during-construction, and
the duration for which they are required, nevertheless, the actual requirements will depend partly
on considerations outside his control, such as the performance of the Contractor, the time taken
to complete the Works, any particular requirements of the Client, and specific details of the
construction contract as finally adopted.
Therefore, FIDIC recommends as follows:
1. The Consulting Engineer should recommend to his Client the advantages of a full professional
service providing continuity from inception to completion of a project.
If the Client does not accept this recommendation, the Consulting Engineer should analyse and
agree with his Client, before accepting an appointment for partial services, on the allocation of
responsibilities for the different services respectively, and the procedures to be adopted for any
independent checking or repetition of previous services that may be required.

2. The Consulting Engineer should recommend to his Client the advantages of the Consulting
 Engineer undertaking entire service-during-construction with delegated authority to exercise
comprehensive powers under the construction contract, as the agent of the Client, and authority
to act as independent arbiter on matters properly referred to the Consulting Engineer for decision
under the construction contract.
If the Client does not accept this recommendation, the Consulting Engineer should analyse and
agree with his Client, before proceeding with the services, on the allocation of responsibilities for
the various duties respectively, between the Client and the Consulting Engineer, between the
Client and the Contractor, and between the Consulting Engineer and the Contractor, all of which
should be recorded in writing.

3. Remuneration for services-during-construction should comprise two main parts:

     1. payment for all services other than resident site staff, on the basis of a retainer per month,
or on the basis of a  percentage of the cost of the Work
and
     2. payment for resident site staff at man-month rates plus mobilisation payments.
In addition, payments to the Consulting Engineer should include reimbursement of out-of-pocket
expenses and other disbursements incurred by the Consulting Engineer in connection with the
services, unless they are included by agreement in the above payments.
The financial arrangements should also provide for revisions, from time to time, of the retainer,
man-month and mobilisation rates, depending on the duration of the required services, or if they
should be required after the originally intended completion date.
Code of Conduct and Ethics for Contractors and Consultants

Performance of work for Destination NSW implies a unique obligation to the public interest and
requires that we demonstrate standards of professional behaviour and ethics that will maintain
public trust. Destination NSW’s work involves access to confidential and/or sensitive
information. The following Code of Conduct has been developed to assist you to understand our
expectations and requirements:

1.Personal and professional behaviour

You must always:

 be honest, reasonable, fair and sensitive in your dealings with members of the public and
staff;
 give accurate and impartial advice to the Government and implement its programs
conscientiously;
 follow relevant legislative, industrial and administrative requirements;
 adhere to the Equal Employment Opportunity principles and the Ethnic Affairs Priorities
Statement; and
 adhere to Destination NSW values as set out in this code.

2.Conflicts of interest
You must ensure that your interests, or those of people close to you, do not conflict with the
proper performance of your responsibilities while you are engaged by Destination NSW. A
conflict of interest would exist when any one or more of these circumstances arise while you are
contracted to Destination NSW:

 you have a financial interest in a matter Destination NSW deals with, or you have friends
or relatives with such an interest that you are aware of. For example, owning shares in a
company where you are responsible for determining the payment of a grant or subsidy;
 you have a personal, philosophical, religious, moral or political belief or attitude that
could influence, or be seen to influence, the impartiality of the advice you give;
 you accept secondary employment that may, or may appear to, compromise your integrity
and that of Destination NSW; or
 you are a member of an external Board of an organisation which is seeking a grant from
Destination NSW or is an entrant in an industry awards program Destination NSW is sponsoring
or judging.

It is your responsibility to avoid conflicts that could compromise the impartial performance of
your role, and to disclose potential, actual or perceived conflicts of interest to Destination NSW.

3. Official and confidential information

During your work you could have access to commercially confidential and/or sensitive
information which could relate to clients, the NSW Government, or Destination NSW’s
employees. You must ensure the integrity and security of information and documents for which
you are responsible.

Some simple rules apply:

 you must not use confidential information for any unofficial purpose outside Destination
NSW;
 you must use confidential or official information only in a manner that is consistent with
your obligation to act impartially;
 you must exercise caution and sound judgment in discussing sensitive information with
other Destination NSW employees. It should normally be confined to those who require access
to that information in order to do their jobs, or those who can by reason of their experience,
provide useful assistance;
 you must not use information gained in your professional capacity for personal gain;
 you may disclose information that is normally available to members of the public or if
you are satisfied the request is legitimate and you have appropriate authority to release it;
 you must not improperly collect, use or disclose the personal information of individuals,
be they clients or Destination NSW’s employees;
 information gained in the course of your work must not be used to cause harm or
detriment to Destination NSW or any person or body;
 Destination NSW’s documents, including Cabinet and other in-confidence documents,
emails and electronic information, must be properly and safely secured at all times;
 you must ensure that you document all your activities into Destination NSW’s official
record-keeping systems;
 you must not remove official information from Destination NSW’s premises unless
required for work purposes; and
 you must treat email as carefully as hard copy information.

Misuse of official information or documents includes:

 speculation in shares, commodities, or property on the basis of confidential information

about the affairs of a business or of proposed Government actions;
 seeking to take advantage of another person, for personal reasons, on the basis of
information held in official records;
 disclosing sensitive information to members of the public, clients, lobby groups, other
public servants or other Government organisations without proper authority; and
 providing or trading confidential information for use by private investigators, banks and
credit agencies.

It is your responsibility to maintain Destination NSW’s reputation for integrity and credibility
with managing official and confidential information. These requirements apply to any
information you obtain during the course of your engagement and continue after you leave
Destination NSW.

4. Intellectual property
Intellectual property includes rights relating to scientific discoveries, industrial designs,
trademarks, service marks, commercial names and designations, inventions and activity in the
industrial, scientific, literary or artistic fields.

Unless your contract of engagement specifies otherwise, Destination NSW has engaged you on
the basis that the intellectual property created by you in the course of your work vests in
Destination NSW. You must not sell, transfer or give away intellectual property created during
or in connection with the course of your engagement with Destination NSW.
5. Use of official facilities and equipment
You are expected to be efficient and economical in your use and management of public resources
(including your own work time). You should be scrupulous in your use of Destination NSW’s
property and services.

Destination NSW’s communication devices, including the Internet, are not to be used to browse
or download illegal, inappropriate or offensive material. Your use of Destination NSW’s Internet
and e-mail must be appropriate, lawful, efficient, proper and ethical.

Further information regarding the use of Destination NSW’s communication devices, including
use of the Internet and e-mail, can be found under the policy outlining Protocol for Acceptable
Use of Communication Devices and Systems in the Corporate Handbook on Destination NSW‘s
Intranet. You are required to comply with this policy at all times if you access Destination
NSW’s communication devices.
6. Public comment
Public comment includes public speaking engagements, comments on radio and television or to a
journalist, views expressed in letters to newspapers or in books, journals and notices where it
might be expected that the publication or circulation of the comment will spread to the
community at large. Comments made in email messages may also be interpreted as public
comment.

The official spokespersons for Destination NSW are the Premier of NSW, the Treasurer and the
portfolio Minister. In some circumstances the Chief Executive Officer speaks on behalf of
Destination NSW. You must not initiate contact with the media at any time, unless instructed to
by Destination NSW.

You must direct any media enquiries to the designated Media Manager at Destination NSW. You
must not attempt to respond to the enquiry (even if “off the record”), under any circumstances.

Outside your work for Destination NSW, you have a right to comment publicly on political and
social issues, provided you make it clear you are not making an official comment on behalf of
Destination NSW or the NSW Public Service and that you are only commenting as a private
citizen.

7. Alcohol and drugs

You must not conduct business on behalf of Destination NSW if you are under the influence of
any drug or substance that is likely to adversely affect your ability to do your work or may pose a
risk to yourself or staff or members of the public.

8. Breaches of the Code

You should be aware that Destination NSW may take action for breaches of this Code. Action
may include termination of the engagement/contract and in serious cases the matter may be
referred to the Police or other appropriate authorities.