This NAIDOC Week from July 7-14, 2024, Centium joins communities across Australia in celebrating the rich and diverse cultures of Aboriginal and Torres Strait Islander peoples. This year’s theme "Keep the Fire Burning! Blak, Loud & Proud," beautifully symbolises the enduring strength and vitality of First Nations culture. We acknowledge the immense privilege of living and working on the lands of the oldest living culture in the world.
Why NAIDOC Week Matters
NAIDOC Week is more than just a celebration. It's a crucial time to reflect on, respect, learn from, and honour the history, culture, and achievements of Aboriginal and Torres Strait Islanders. It's an opportunity to bridge gaps in understanding and build connections. We celebrate the knowledge, traditions, resilience, and profound connection to Country of these vibrant communities. This week also serves as a formal recognition of the invaluable knowledge and wisdom First Nations people have shared for generations, benefiting all Australians.
Embracing the Theme
"Keep the Fire Burning! Blak, Loud & Proud" reminds us of the deep significance of fire in Indigenous cultures. It's not just a source of warmth and light, but a symbol of:
This theme is a call to action – to amplify the voices of our Aboriginal and Torres Strait Islanders. It's time to celebrate their stories, languages, art, and achievements, ensuring their rich culture continues to thrive.
Our Commitment at Centium
At Centium, fostering diversity, inclusion, and cultural awareness is paramount. We actively celebrate NAIDOC Week by:
Let's Keep the Conversation Going
Centium is committed to ongoing learning and progress. We'd love to hear your thoughts and ideas on how we, as a company and individuals, can contribute meaningfully to reconciliation efforts.
Here are a few ways you can get involved:
Support Indigenous Businesses: Seek out and support products and services from Aboriginal and Torres Strait Islander communities
Educate Yourself and Others: Continue your learning journey and share your knowledge with friends, family, and colleagues
Share This Article: Spread awareness about NAIDOC Week and the importance of reconciliation by sharing this article with your network.
Ensuring the integrity and transparency of procurement processes is crucial for public trust and value for money. Yet another audit of public sector procurement processes, this time in Victoria, has found government agencies lacking in this area. The Victorian Auditor-General’s report, Assuring the Integrity of the Victorian Government’s Procurement Activities, identifies critical gaps and opportunities for improvement in fraud and corruption controls.
During the planning stage of the audit, ten Victorian Government departments were assessed, with three selected for in-depth analysis. Key highlights include:
Centium is an independent audit and assurance firm that specialises in enhancing governance, fraud control and integrity across the public and private sectors. We achieve this by offering agencies the following array of governance and risk management services:
Fore more information, please read our article here : Procurement and Contract Management Maturity Model
Dr Allan Yates, Centium's foremost expert in fraud, bribery and corruption, brings extensive experience in corporate advisory, probity, and risk management across a diverse range of public and private sector organisations. He is an industry recognised speaker and lecturer on ethics, integrity, and fraud prevention.
For more information on how Centium can support your organisation in strengthening its fraud and corruption controls, contact Director Probity & Governance Lisa Braid
Assuring the Integrity of the Victorian Government’s Procurement Activities, Victorian Auditor-General’s Office, VAGO, 20 June 2024, https://www.audit.vic.gov.au/report/assuring-integrity-victorian-governments-procurement-activities?section= .
As you are aware the governance structure of an organisation consists of a web of values, principles and practices. Within this intricate framework, boards and directors hold the reins, steering the ship to achieve the organisation's mission and objectives. It's a role that demands not just leadership but a high standard of ethical conduct, ensuring every decision complies with relevant laws and regulations—especially those related to work health and safety (WHS).
While this might seem like common sense, the reality is often different. Many boards and executive-level officers lack a clear and contemporary understanding of their WHS responsibilities. Instead, they rely heavily on existing WHS systems and processes, assuming these will cover all bases. However, without active oversight and evaluation of these systems, there's a significant risk, both organisationally and to individual office holders.
This oversight gap can leave key decision-makers essentially 'blind' to their organisation's safety performance, even as they bear continuous and ultimate legal responsibility for it. It's a precarious position that underscores the need for a proactive approach to governance—one that prioritizes both understanding and oversight of health and safety duties.
Assisting with Organisational Due Diligence & Governance
At Centium, our team of seasoned consultants works closely with Australian, State, and Local Government agencies to enhance due diligence and governance in work health and safety (WHS). Here's how we make a difference:
Take Actions for a Safer Workplace
Subscribe to Our Newsletter: Stay updated on the latest regulatory changes, audit and risk management trends, and expert insights by subscribing to our monthly newsletter.
This Sunday, 23 June 2024, marks World Whistleblowers Day, an important occasion to recognise the courage and significance of individuals who speak up about misconduct, fraud, corruption, waste of public money, or other unethical behaviour.
In New South Wales, the Ombudsman's office is the primary point of contact for advice and guidance under the Public Interest Disclosure Act 2022 (NSW). Similar legislation exists in other states and territories across Australia. In the private sector, whistleblowing protections are governed by the Corporations Act 2001 (Cth), with the Australian Securities & Investments Commission (ASIC) offering comprehensive information on rights and protections for whistleblowers.
Whistleblowers play a crucial role in safeguarding transparency and accountability within organisations and government bodies. By reporting wrongdoing, they help prevent harm, uphold integrity, and promote a culture of ethical conduct. It is essential for organisations to have robust frameworks and policies in place to support whistleblowers and ensure their protection from retaliation.
Centium's experts understand the intricacies of whistleblower legislation and the obligations of employers. We provide expert advice on the requirements of Public Interest Disclosure legislation, conduct independent workplace investigations, and deliver training to staff and disclosure officers to enhance awareness and compliance with legal obligations. Contact us at info@centium.com.au to discuss how we can partner with you to strengthen your organisational capacity to address whistleblowing issues effectively.
To assist NSW Local Councils we have recently developed a cheat sheet to help navigate the Public Interest Disclosure Act 2022 (NSW), the Model Code of Conduct and Local Government Industry Standards. To obtain a copy, contact Lisa Braid.
On this World Whistleblowers Day, let us reaffirm our commitment to supporting ethical courage and protecting those who speak out for the greater good of our workplaces and communities.
It can get pretty complicated when you're trying to navigate the Public Interest Disclosures Act 2022 (PID Act), Model Code of Conduct Procedures (the Procedures) and Industry Guidelines when conducting a workplace investigation in local government. To assist in bringing clarity to this challenge, Centium has developed a free resource tailored specifically for local government HR and governance professionals to help meet your obligations. The resource includes a very helpful comparison of procedural requirements in the PID act to those in the Procedures.
Why is this resource so essential? In the realm of local government, ensuring transparency, accountability, and ethical conduct is paramount. However, understanding the maze of legislation, codes of conduct, and industry guidelines can be overwhelming, particularly when it comes to conducting workplace investigations.
Recognising the need for clarity and guidance, our team at Centium, known for our expertise as pre-eminent workplace investigators, PID Act experts, and specialists in local government practices, integrity, and ethics, has developed this resource as a practical tool and roadmap.
Comprehensive Coverage: We've examined the procedural nuances of each framework and distilled them into an easily digestible format. Whether you're grappling with disclosure procedures under the PID Act 2022, investigating breaches of the Model Code of Conduct, or adhering to industry guidelines on workplace investigations, our table has you covered.
Practical Guidance: Beyond just outlining the requirements, our resource provides practical insights and recommendations for navigating the investigation process effectively. From selecting investigators to ensuring procedural fairness, we offer actionable advice tailored specifically to the unique context of local government governance.
Empowering Local Government Professionals: We believe in empowering local government professionals with the tools you need to succeed. That's why our resource is available for free download, ensuring accessibility for all those involved in governance roles within local councils.
Whether you're a council member, governance officer, or HR professional in the local government sector, our resource is designed to streamline your understanding of, and approach to, workplace investigations. Bid farewell to confusion and uncertainty – download our table today and unlock a clearer path to ensuring integrity and accountability in your organisation's governance practices with Centium, your trusted partner in workplace investigations, integrity consulting and learning and development.
Chris Wheeler, Specialist Advisor, Ethical Conduct. Former Deputy NSW Ombudsman (1994-2019)
Key specialisations include:
Get in touch to have your agency's policies, procedures, and practices reviewed by our experts for compliance and effectiveness. Alternatively, reach out to our Director of Probity & Ethics, Lisa Braid to obtain your Free Resource that helps you navigating PID and administrative law.
It is that time again – Local Council elections are coming up on 14 September 2024.
With so much going on you need to book in dates soon. Centium is filling up fast with pre-election briefings and post-election Councillor induction sessions. Don't wait until it’s too late.
To help with these preparations Centium has developed a checklist to prepare and plan for this busy period. Interested? Go to our website to get your copy.
Did we emphasise training spots are filling up fast?
Why use Centium?
Unparalleled expertise - Centium has years of experience in local government and has extensively delivered pre-election candidate briefings and Councillor inductions. Our sessions ensure that your council is well-prepared to serve your community effectively.
Stay ahead of the game - Local government elections shape the direction of community services. Our pre-election briefings reinforce essential processes, maintaining constituents’ confidence, and ensuring compliance. Start the new term on the right foot with Centium's training which is always adapting to reflect the latest law and policy changes and best practice.
Limited availability - Don't risk missing out. Our schedule is filling up fast, and bookings are on a first come, first served basis. Act now to secure your spot and guarantee a successful term for your Council.
Centium's Learning & Development team - Get ready for a transformative 2024. From managing risks to strengthening probity, our team is equipped to support your council's growth and success.
Reach out to Centium today to book us in, to obtain a copy of our 2024 NSW Local Government Learning and Development Catalogue or get a copy of our Checklist for Council elections.
In 2019, an NSW Auditor General's report shed light on a concerning trend: government agencies were overly reliant on a handful of probity service providers, potentially compromising the independence crucial to fair and transparent processes. Notwithstanding this concern being raised five years ago, the risk persists, and it’s time to address it head-on.
The report revealed that agencies, including heavyweights like Transport for NSW and the NSW Department of Education, repeatedly engaged the same probity practitioners, raising serious concerns about independence and impartiality.
Consistent with the NSW Procurement Board’s Direction PBD-2013-05 and the NSW Procurement Policy Framework, the AG’s report reinforced that agencies must, when engaging probity advisors or auditors:
Using the same providers time and again not only limits choice but also stifles innovation and competitive pricing.
Enter Centium, a trusted alternative probity supplier. We pride ourselves on a tailored, agile approach and competitive pricing that does not compromise quality or service.
Why Choose Centium?
Pre-qualified Vendor: Centium is a prequalified probity supplier under the Performance and Management Services Scheme SCM0005. All of our team members are approved Probity Advisors under NSW Treasury’s Approved Probity Services Personnel Scheme.
Personalised Attention: Centium takes the time to understand the unique needs and challenges of each organisation, ensuring a customised approach that delivers maximum value.
Diverse Expertise: Our team comprises approved probity advisors who have worked extensively with private sector, NSW Government, Local Government and Australian Government clients providing independent assurance on wide-ranging procurement, major project and Board appointment activities. Our legally qualified staff have assisted our diverse client base on matters including complex construction, divestments, major ICT & human services system upgrades, unsolicited proposals and direct dealings. We also have particular expertise in advising our clients on all elements of the administration of grants programs, including major infrastructure reconstruction initiatives.
Solutions Focused: Centium’s probity advisors are focused on upholding probity principles while finding pragmatic solutions and pathways for the most efficient and effective path for decision-making.
Transparency and Integrity: We prioritise transparency in all our dealings, maintaining the highest standards of integrity to safeguard your project's probity.
Innovation Through Competition: By fostering a competitive landscape, we drive innovation and deliver cost-effective solutions without compromising quality.
If you are interested in hearing more about our probity services, contact Lisa Braid at 0424 379 563.
In November 2022, new mandatory data breach notification regulations came into effect across NSW, including for local government. This legislative change has important implications for how councils must respond to and report data breaches going forward. The NSW Data Breach Notification Scheme creates prescriptive roles, responsibilities and actions that must be taken in the event of a suspected or confirmed data breach. At the core is the principle of promptly mitigating any potential harm. Heads of councils and other organisations covered by the legislation are now directly responsible for immediately notifying the Privacy Commissioner in the case of an "eligible data breach."
Under the Scheme, any council employee who has reasonable grounds to suspect a breach has occurred must report it to their agency head without delay. From there, heads of the agency or organisation must make every reasonable effort to contain the breach and conduct a thorough investigation within 30 days to determine if it meets the definition of an "eligible data breach." This includes assessing the types of information involved, the risk of harm to affected individuals, and whether remedial action is needed, such as notifying those impacted. Non-compliance can result in penalties, including fines, as well as significant reputational damage.
This stringent regulation underscores the growing emphasis on data security and accountability and urges organisations to fortify their defences against potential breaches. This includes people, process, and technology controls and should extend to streamlining their response processes to uphold data confidentiality and integrity. It is good practice for organisations to test their processes at least annually to ensure that all decision-makers are practised in their roles and aware of the end-to-end process for detecting and notifying suspected or actual data breaches.
Data breaches are not just the result of the failure of technical controls but are commonly the result of human error, such as emailing a file of personally identifiable or health identifiable information to the wrong recipients or losing a mobile phone or computer holding such data.
Click the link below to find out how Centium can keep you informed, help you stay vigilant, and prioritise compliance to safeguard your data and uphold the trust of stakeholders. This advice was prepared by Scott Thomson, Centium’s Director of Cyber &IM, who is a Certified by ISACA as a Data Privacy Solution Engineer (CDPSE).
Read more here https://centium.com.au/news/ppip-amendment-act-2022-mandatory-notification/
A recent seminar at the Sydney Law School considered the use of non-disclosure agreements (NDAs) in sexual harassment settlements.
The seminar discussed the Let’s Talk About Confidentiality: NDA Use in Sexual Harassment Settlements Since the Respect@Work Report[i] authored by Regina Featherstone from the Human Rights Law Centre and Sharmilla Bargon from the Redfern Legal Centre. The research was the product of Ms Featherstone and Ms Bargon’s work in the law school as Social Justice Practitioners-in-Residence.
The Let’s Talk About Confidentiality research raises important questions in the context of the ongoing conversation about sexual harassment in Australian workplaces following the publication of the Australian Human Rights Commission’s Respect@Work: Sexual Harassment National Inquiry Report in 2022 (Respect@Work).[ii]
Ms Featherstone and Ms Bargon surveyed 145 legal practitioners across Australia with experience managing sexual harassment matters. They found that:
These findings follow the use of NDAs being considered by the Australian Human Rights Commission (Commission) in Respect@Work. The Commission heard evidence that NDAs can protect the privacy of victim/survivors and help provide ‘closure’ but also ‘protect the reputation of the business or the harasser and contribute to a culture of silence.’
The Commission recommended (in Recommendation 38) that it work with the Workplace Sexual Harassment Council (SHC) to ‘develop a practice note or guideline’ identifying ‘best practice principles for the use of NDAs in workplace sexual harassment matters to inform the development of regulation on NDAs.’
The Commission and the SHC published Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints in 2022 (Guidelines).[iii] The Guidelines recommend among other things that:
The Guidelines provide practical advice to practitioners about the use and misuse of NDAs and about how settlement negotiations can adopt a best practice approach to balance the needs of victim/survivors and the requests of respondents and achieve a resolution.
Let’s Talk About Confidentiality builds on the practical advice contained in the Guidelines by including model confidentiality clauses that can be adapted to individual circumstances. The report is careful to recognise the potential use of the model confidentiality clauses while stating that they ‘should not automatically be included in a settlement agreement.’
The seminar included a panel discussion.
Mia Pantechis, a Principal Lawyer at Maurice Blackburn, and Amanda Lyras, a partner at Clayton Utz, provided the perspectives of practitioners experienced in representing applicants and respondents. Ms Pantechis and Ms Lyras agreed that NDAs may play a role in settling sexual harassment complaints and that an individualised approach sensitive to the needs of victim/survivors is necessary.
Key take home messages
Regina Featherstone and Sharmilla Bargon have published contemporary, relevant and thought-provoking research and practical guidance to assist those who are involved in sexual harassment complaints.
The research adds to growing recognition that workplace sexual harassment is common and that employers have obligations to respond in protect the interests of victim/survivors.
One size rarely fits all. This is true of resolving sexual harassment complaints.
Approaching the settlement of sexual harassment complaints from a victim-centric perspective that considers if a non-disclosure agreement is used, and if used in what terms, is one means of further ensuring the progress that Respect@Work called for.
Get in touch
Centium’s Principal Investigator Scott Fanker attended the Let’s Talk About Confidentiality seminar.
Scott is experienced in managing sexual harassment from the perspectives of an employer, mental health clinician, and an investigator. He is leading Centium’s work to implement our sexual harassment policy and other actions to meet the new positive duty to eliminate sexual harassment and discrimination contained in section 47 of the Sex Discrimination Act 1984 (Cth).
Scott can be contacted on 0499 187 804 or at Scott.Fanker@centium.com.au
References
[i] Regina Featherstone and Shamilla Bargon, Let’s Talk About Confidentiality: NDA Use in Sexual Harassment Since the Respect@Work Report (2024, University of Sydney Law School) <https://rlc.org.au/sites/default/files/202403/Let%27s%20talk%20about%20confidentiality%20final_0.pdf>.
[ii] Australian Human Rights Commission, Respect@Work: Sexual Harassment National Inquiry Report (2020, AHRC) <https://humanrights.gov.au/our-work/sex discrimination/publications/respectwork-sexual-harassment-national-inquiry-report-2020>.
[iii] Australian Human Rights Commission, Respect@Work, Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints (2022, AHRC) < https://www.respectatwork.gov.au/sites/default/files/202212/Guidelines%20on%20the%20Use%20of%20Confidentiality%20Clauses%20in%20the%20Resolution%20of%20Workplace%20Sexual%20Harassment%20Complaints.pdf>
Audit Office Report: On 26 March 2024 the NSW Audit Office tabled an audit on Cyber Security in Local Government, which reinforces the risks of not having an effective cyber security plan in place and calls on all councils to take urgent action [1].
The report highlighted that Councils should improve governance over cyber security risks, assess against the OLG Cyber Security Guidelines (developed by Cyber NSW), take a risk-based approach to improvement plans, and conduct regular testing of their cyber incident response plan.
Cyber Security Risks: Cyber security is a key set of risks that all organisations are facing across the nation. The Australian Cyber Security Center (ACSC) has quantified the cost of a cyber incident for a medium-sized organisation at nearly $100,000 per incident in 2022-23 [2].
Recently, the ACSC provided a series of alerts regarding vulnerabilities in specific technology widely used in Councils and the urgent need to remediate the vulnerability. Such vulnerabilities are being used by attackers at an accelerating rate and, in some cases, within 24 hours of the announcement being made.
The top three cybercrimes reported in 2022-23 were email compromise, business email compromise fraud and online banking fraud, with social engineering a key strategy that criminals use to gain access or manipulate a staff member [3]. These focus on the humans and less on the technology, reinforcing the need to ensure that the cyber security plan includes people, processes and technology.
Cyber Security in Councils: Cyber security is not just an IT problem where technical controls can mitigate the risks. To address the cyber security threats faced daily, a whole-of-organisation response is required. Effective governance, cyber risk management, staff training and awareness, monitoring and incident response, and reporting all need to work in a coordinated framework. The OLG Cyber Security Guideline spans all of these elements and provides a holistic assessment for Councils.
Following an assessment against the OLG Guideline, Councils need to establish a long-term cyber security plan to ensure that all elements are addressed and that maturity across the organisation increases year on year.
Centium and Cyber Security: A number of local councils have engaged Centium to undertake an independent assessment of their cyber security posture against the NSW Office of Local Government Cyber Security Guideline. These assessments, which are a critical first step in a longer journey for Councils in managing their cyber security risks, gave those councils clarity over what cyber security controls are in place and what they still need to implement.
Centium strongly recommends all organisations assess their current cyber security posture, evaluate the effectiveness of current controls and build a comprehensive plan to address gaps and weaknesses. We can undertake an independent assessment and give you a baseline of where you are today https://centium.com.au/contact-us/
1. https://www.audit.nsw.gov.au/our-work/reports/cyber-security-in-local-government
2. Australian Cyber Security Centre. ASD Cyber Threat Report 2022-2023 | Cyber.gov.au. 2023 14/11/23 [cited 2023 29/12/23]; Available from: https://www.cyber.gov.au/about-us/reports-and-statistics/asd-cyber-threat-report-july-2022-june-2023
3. Voce I & Morgan A 2023. Cybercrime in Australia 2023. Statistical Report no. 43. Canberra: Australian Institute of Criminology. https://doi.org/10.52922/sr77031
The integration of artificial intelligence (AI) technologies in government funded agencies has garnered considerable attention, with a growing body of work dedicated to safely realising the benefits AI offers. Early initiatives such as Australia’s voluntary AI ethics principles, draw upon the development of Australia’s AI ethics framework consisting of eight principles that organisations can use to:
This effort will be further supported and expanded through the Australian Government’s recently announced AI expert group, which will provide guidance on testing, transparency, and accountability measures for AI in legitimate yet high risk contexts. The group comprises expertise in Indigenous Cultural and Intellectual Property, Law, technology and ethics.
The Australian Government is behind a push to reach 1.2 million tech related jobs by 2030 and is offering a new free course in AI 101 to small and medium business owners. The program covers topics including challenges and risks, common misconceptions, real world applications, and advice from industry experts to start your career in AI.
The 2023 Report from the Australian Government Department of Prime Minister and Cabinet, titled "How might artificial intelligence affect the trustworthiness of public service delivery?" offers valuable insights. Citizens increasingly demand higher standards of care, personalised services, and greater efficiency when interacting with government services. AI holds the potential to revolutionise public service delivery, offering enhanced experiences and outcomes for the community. Current AI applications in the public sector include chatbots, virtual assistants, document and image recognition for border control, fraud detection and data mapping.
AI has the potential to transform how local councils deliver services, enhancing efficiency in areas such as planning applications, rate collection, and aiding in data analysis and cost-preventative maintenance. Data-driven decision-making can assist local councils in making well-informed choices regarding resource distribution, financial planning, and policy development. Advanced sensors and AI-driven algorithms can anticipate maintenance or repair needs for infrastructure components such as roads, bridges, and utility systems.
Emerging evidence suggests that unregulated AI can exacerbate societal disparities. Studies, like a recent examination of AI bias in America, reveal prejudices against marginalised groups, potentially influencing practices and perpetuating endemic biases in employment, education, insurance, and housing sectors. Furthermore, using AI for data collection and analysis raises privacy and security concerns that must be effectively managed. Without proper controls, AI systems may rely on flawed algorithms, making it difficult to track or explain decisions, akin to the issues seen with Robodebt.
In response to these challenges, public agencies must adopt a framework that ensures trustworthy stewardship of AI systems by:
As AI capabilities advance rapidly, public organisations in Australia must position themselves to maximise opportunities for improving government service provision. By adopting a framework for trustworthy stewardship, agencies can mitigate risks and harness the full potential of AI in serving the community.
Centium is an independent assurance and audit firm that focuses on helping clients manage their risks. We partner with Australian state and local government, not-for-profit organisations and private sector clients to provide a complete solution to managing organisational risk, enhancing governance and improving operational performance. We believe that the principles of effective governance and risk management apply to all aspects of managing an organisation, from procurement, to probity to technology and business transformation.
ACS urges action as AI disruption looms | Information Age
Artificial Intelligence Ethics Policy | Digital.NSW and
Mandatory Ethical Principles for the use of AI - Digital.NSW
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