1. INTRODUCTION

The Institute has not been satisfied that the existing Code of Professional Conduct effectively serves its intended purpose. This proposed Code is intended to replace the existing Code.

Accordingly this Code has been written for all city and regional planners, whether in academic, public or private employment, as well as the actions of consultant firms.
References to “members” are to members of the Institute. References to “the panel” are references to a State panel or sub committee of the Institute, established for the purpose of investigating breaches of the Code on behalf of the Institute. References to “the Council” are references to the National Council of the Institute.

Members of the Royal Australian Planning Institute (RAPI) are bound by this Revised Code of Ethics and Professional Conduct.

2. PREAMBLE

Planners, like lawyers, work within a system of which they are an integral part, a system whose fundamental purpose is to ensure or pursue outcomes which, as nearly as they can, reflect the interests of the community as a whole. A planner’s responsibility to the community must take precedence over sectional interests. In a pluralist society with a multiplicity of values this is not always straightforward or simple because planning is not an exact science. To this difficulty is added the fact that different sections of the community, whether residents, consumers, investors, developers or public authorities, have equally legitimate but different, and often conflicting goals to pursue within the system.

Consequently, more than most professions, town planners are subject to strong and conflicting pressures from different sections of the community. In particular, almost all of the work that planners do involves the public interest as well as the sectional interest of their client or employer. Ultimately, the integrity of planning decisions, and of the planning system as a whole, relies upon the integrity of the planners who serve it, in whatever capacity.

The purpose of this Code is therefore to provide guidance and support to planners to ensure that they practice their profession with the highest ethical and professional standards and earn the confidence and respect of the community which they serve.

3. CODE OF PROFESSIONAL CONDUCT

3.1 Professional Standards

1. Members shall strive for the highest standards in all their professional activities.

2. Members shall uphold and promote the elimination of discrimination on the grounds of race, creed, gender, age, location, social status or disability.

3. Members shall seek to ensure that all persons who may be affected by planning decisions have the opportunity to participate in a meaningful way in the decision-making process.

4. Members shall seek to ensure that the processes of planning are conducted as openly as possible and that all relevant information is disclosed to interested persons.

5. Members shall use their best endeavours to ensure the development: is sustainable; provides for the protection of natural and man-made resources; is aimed at securing a pleasant, efficient and safe working, living and recreation environment; and is efficient and economic.

6. Members shall seek to uphold the high standing of the profession and the Institute.

7. Members shall disclose the nature of their role when providing planning advice which is intended to be entered into the public realm.

3.2 Conflicts of Interest

8. Members shall not act in circumstances where there is a potential conflict between their own private interest and the interest of their client or public interest.

9. Members employed by or acting for a planning authority on any matter or in relation to any land shall not: act for any other person or client in relation to that matter or any part of that land; where a conflict of interest could exist, engage in or advise any third party on any planning matters within that area until such time as the member’s employment or commission is concluded and the results of the work are made public by the planning authority.

10. Members who are undertaking planning work for a client must not undertake work for another client if either client is likely to be prejudiced.

11. Members shall disclose to their employees or clients any gifts, commissions or discounts received from or offered by any third parties in connection with their work as planners, and shall not accept any such gifts, commissions or discounts where their receipt may, or may be perceived to, influence their advice.

12. Members shall not undertake paid professional work from any authority or organisation of whose governing body, board of directors or the like they are members.

13. Members may only in exceptional circumstances, such as where the member alone possesses the required expertise, act where a potential conflict of interest exists or may arise. Prior to accepting any such engagement the member shall disclose the relevant details to the client or clients concerned, and to the State Divisional Committee, in writing, and shall accept the directions of the State Division Committee, which may include a requirement to publicly disclose the relevant details prior to acting.

3.3 Confidentiality and Disclosure

14. Members shall keep confidential all information provided to them during the course of their work, and shall not disclose or use that information for their own benefit, nor disclose it to any third party unless: with the express approval of the legal owner of that information; where required to do so by law; or it is necessary to prevent a substantial damage to the public interest.

3.4 True Professional Opinion

15. Members shall not provide advice which, in similar circumstances, is materially inconsistent with that previously given to the same or another client.

3.5 Professional Competence

16. Members shall take all reasonable steps to maintain their professional competence while working in the planning profession and in doing so shall have regard to the advice and requirements of the Institute.

3.6 Marketing of services

17. Members may advertise their services by advertisement in the print or other media, but the advertisement shall not: hold or imply that the member is qualified or offer services which the member cannot provide to the professional standards required by the Institute; use exaggerated or flamboyant language; contain any misleading or inaccurate statement; or be contrary to any law.

18. Members shall not claim or accept credit for work for which the member has not been responsible either directly as its author or as a principal directing the author.

3.7 Fair Competition

19. Members shall not induce a breach of contract or solicit work from another member who has been engaged to carry out a commission.

20. Members who are employed by a statutory authority or public body shall not undertake private commissions unless: no conflict of interest arises from the carrying out of the commission; full disclosure has been made to the employer and the approval of the employer has been obtained; and the member (where required) reimburses the employer for any use of the employer’s facilities, information or services and any time during normal working hours.

21. Members may undertake an honorary commission and in such cases there is no
diminution of the member’s professional obligations and responsibilities.

22. Members may not carry out work on a contingency fee (success fee) basis.