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IT Experts, or experts that provide services in the information technology field, can have complaints made against them for poor services rendered, and as a consequence face disciplinary or legal proceedings in which they need to defend themselves against allegations of negligence. The contract under which they are discharging their duties and responsibilities will be the primary source from which their rights and liabilities are determined and under which the likelihood of a claimant’s claim can be assessed. Another source which may indeed be relied upon is any code of ethics that might exist in the peak representative body for that profession.

The Australian Computer Society has drafted policies which address the professional standards of care that are used when making such assessments. The Code of Ethics outlines the various concepts and principles that the industry considered important. These are headed “Primacy of the public interest”, “The enhancement of quality of life”, “Honesty”, “Competence”, “Professional development” and “Professionalism”. [1] The information contained under each heading expresses a broad or general conceptual view of what is the expected professional standard to which experts working in the information industry are to work to. For more information, see our section titled “Computer Consultants.” Moreover, the Australian Information Industry Association represents:

“Over 400 member organisations nationally, including global brands, international companies, national companies, and a large number of ICT SMEs. Our national board comprises representatives from hardware, software, and services companies and represents the diversity of our industry.” [2]

The Association is also concerned with professional standards in service delivery. For example, the third principle of the Australian Government Procurement Principles has been subscribed to by the Association, and it reads “Efficient, Effective and Ethical Use of Resources, including Efficiency and Effectiveness & Ethics.” [3] The Association adheres to the Government Procurement Guidelines. [4] Clause 6.6 of the Commonwealth Procurement Rules illustrates what “ethical behaviour” means, namely:

  • Recognising and dealing with actual, potential and perceived conflicts of interest;
  • Dealing with potential suppliers, tenderers and suppliers equitably, including by seeking appropriate internal or external advice where probity issues arise, and not accepting inappropriate gifts or hospitality;
  • Carefully considering the use of Commonwealth resources; and
  • Complying with all directions, including their agency’s CEIs, in relation to gifts or hospitality, the information privacy principles of the Privacy Act 1988 and the security provisions of the Crimes Act 1914.” [5]

The term “ethical behaviour” is itself defined under Principles as:

  • Probity is the evidence of ethical behaviour, and can be defined as complete and confirmed integrity, uprightness and honesty in a particular process;
  • The principles underpinning ethics and probity in Australian Government Procurement are;
  • Officials must act ethically, in accordance with the APS Values (set out in section 10 of the Public Service Act 1999) and Code of Conduct (set out in section 13 of the Public Service Act 1999), at all times in undertaking procurement;
  • Officials must not make improper use of their position;
  • Officials should avoid placing themselves in a position where there is the potential for claims of bias;
  • Officials must not accept hospitality, gifts or benefits from any potential suppliers;
  • Agencies must not seek to benefit from supplier practices that may be dishonest, unethical or unsafe;
  • All tenderers must be treated equitably.  This means that all tenderers must be treated fairly - it does not necessarily mean that they are treated equally;
  • Conflicts of interest must be managed appropriately;
  • Probity and conflict of interest requirements should be applied with appropriate and proportionate measures informed by sound risk management principles;
  • Value for money outcomes are best served by effective probity measures that do not exclude suppliers from consideration for inconsequential reasons;
  • Confidential information must be treated appropriately during and after a procurement process;
  • External probity specialists should only be appointed where justified by the nature of the procurement; and
  • The appointment of external probity specialists does not remove an agency’s accountability for the procurement process.” [6]

Certain standards of behaviour will be expected from professionals in relation to procuring. The Association makes is clear that “careful consideration of the evaluation criteria is essential. Evaluation Ethics Procuring entities should treat all potential suppliers in a fair and equitable manner e.g. providing responses to all offerers.” [7]

In relation to other activity, other principles and duties endorsed by the Association may be relevant for IT experts to whom the Guidelines and the Rules apply. The Australian Computer Society may also have other principles that will be relevant to the practice of IT experts. Indeed, there may be express duties outlined in the contract under which the IT expert is discharging his duties, and certain implied duties may also exist at law. It is important to consult with a legal practitioner who is experienced in this field before taking any steps. Whether an individual is an IT expert being sued or facing a complaint, other whether a person is the one who is claiming that loss or damage has been suffered due to the IT expert’s alleged negligence, all factual and legal matters need to be investigated before action is taken.

If you require professional assistance with an IT expert negligence dispute you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors.

 

[1] ACS Code of Ethics (Australian Computer Society, undated). The Code is available at the website of the Australian Computer Society located at <www.acs.org.au> (accessed 20 November 2013).

[2] Untitled index page, Australian Information Industry Association website (undated) <www.aiia.com.au> (accessed 20 November 2013).

[3] Navigating Software Procurement in an ‘as-a-service’ Industry (Australian Information Industry Association, undated) p 6. This document is available on the website of the Australian Information Industry Association located at <www.aiia.com.au> (accessed 20 November 2013).

[4] Ibid.

[5] Clause 6.6, Commonwealth Procurement Rules (Australian Department of Finance) <www.finance.gov.au> (accessed 20 November 2013). Links removed.

[6] “Principles” Ibid.

[7] Discussion Paper of Best Practice Procurement (Australian Information Industry Association, 8 April 2011) pp 7-8. This document is available on the website of the Australian Information Industry Association located at <www.aiia.com.au> (accessed 20 November 2013).

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