AusIMM Code of Ethics

The responsibility of members for the welfare, health and safety of the community shall at all times come before their responsibility to the profession, to sectional or private interests, or to other members.

1. Members shall act so as to uphold and enhance the honour, integrity and dignity of the profession.

2. Members shall perform work only in their areas of competence.

3. Members shall build their professional reputation on merit and shall not compete unfairly.

4. Members shall apply their skill and knowledge in the interests of their employer or client for whom they shall act, in professional matters, as faithful agents or trustees.

5. Members shall give evidence, express opinions or make statements in an objective and truthful manner and on the basis of adequate knowledge.

6. Members shall continue their professional development throughout their careers and shall actively assist and encourage those under their direction to advance their knowledge and experience.

7. Members shall comply with all laws and government regulations relating to the mineral industries, and with the rules, regulations and practices as established and promulgated by the Australian or New Zealand stock exchanges with respect to the official listing requirements for mining and/or other companies.

Interpretations

CLAUSE 1:

The responsibility of members for the welfare, health and safety of the community shall at all times come before their responsibility to the profession, to sectional or private interests, or to other members. The principle here is that the interests of the community have priority over the interests of others. It follows that a member:

a. shall avoid assignments that may create a conflict between the interests of his client or employer and the public interest;

b. shall work in conformity with acceptable technological standards and not in such a manner as to jeopardise the public welfare, health or safety;

c. shall endeavour at all times to maintain technological services essential to public welfare;

d. shall in the course of his professional life endeavour to promote the well-being of the community. If his judgement is over-ruled in this matter he should inform his client or employer of the possible consequences (and, if appropriate, notify the proper authority of the situation);

e. shall, if he considers that by so doing he can constructively advance the well-being of the community, contribute to public discussion on scientific and technological matters in his area of competence.

CLAUSE 2:

Members shall act so as to uphold and enhance the honour, integrity and dignity of the profession. The principle here is that the profession should endeavour by its behaviour to merit the highest esteem of the community. It follows that a member:

a. shall not involve himself with any business or professional practice which he knows to be of fraudulent or dishonest nature;

b. shall not use association with other persons, corporations or partnerships to conceal unethical acts;

c. shall not continue in partnership with, nor act in professional matters with any person who has been removed from membership of The Institute because of unprofessional conduct.

CLAUSE 3:

Members shall perform work only in their areas of competence.

To this end The Institute has determined that:

a. a member shall inform his employer or client, and make appropriate recommendations on obtaining further advice, if an assignment requires qualifications and experience outside his field of competence; and

b. in the practice of consulting a member shall not describe himself, nor permit himself to be described, nor act as a consultant unless he is a Corporate Member, occupies a position of professional independence, is prepared to design and supervise works or act as an unbiased and independent adviser, and conduct his practice in strict compliance with the conditions approved by the Council of The Institute.

CLAUSE 4:

Members shall build their professional reputation on merit and shall not compete unfairly.

The principle here is that members shall not act improperly ina professional sense to gain a benefit. It follows that a member:

a. shall only approach prospective clients or employers with due regard to his professional independence and to this Code of Ethics;

b. shall neither pay nor offer directly or indirectly inducements to secure work;

c. shall promote the principle of selection of consultants by clients upon the basis of merit, and shall not compete with other consultants on the basis of fees alone. It shall not be a breach of the Code of Ethics for a member, upon an inquiry made in that behalf by a client or prospective client, to provide information as to the basis upon which he usually charges fees for particular types of work. Also it shall not be a breach of the Code of Ethics for a member to submit a proposal for the carrying out of work which proposal includes, in addition to a technical proposal and an indication of the resources which the member can provide, information as to the basis upon which fees will be charged or as to the amount of the fees for the work which is proposed to be done. In this respect it is immaterial whether or not the member is aware that others may have been requested to submit proposals, including fee proposals, for the same work;

d. shall promote the principle of engagement upon the basis of merit. He shall uphold the principle of adequate and appropriate remuneration for professional staff and shall give due consideration to terms of employment which have the approval of the profession’s appropriate association;

e. shall not attempt to supplant another, employed or consulting, who has been appointed;

f. in the practice of consulting, shall not undertake professional work on a basis which involves a speculative fee or remuneration which is conditional on implementation of the work. This does not preclude competitions conducted within Australia or New Zealand provided that such competitions are conducted in accordance with conditions approved by The Institute;

g. shall neither falsify nor misrepresent his or his associate’s qualifications, experience and prior responsibility;

h. shall neither maliciously nor carelessly do anything to injure, directly or indirectly, the reputation, prospects or business of others;

i. shall not use the advantages of a privileged position to compete unfairly with others;

j. shall exercise due restraint in explaining his own work and shall refrain from unfair criticism of the work of another;

k. shall give proper credit for professional work to those to whom credit is due and acknowledge the contribution of subordinates and others;

l. may properly use circumspect advertising (which includes direct approaches to prospective clients by any means) to announce his practice and availability. The medium or other form of communication used and the content of the announcement shall be dignified, becoming to a professional person and free from any matter that could bring disrepute on the profession. Information given must be truthful, factual and free from ostentatious or laudatory expressions or implications.

CLAUSE 5:

Members shall apply their skill and knowledge in the interests of their employer or client for whom they shall act, in professional matters, as faithful agents or trustees. It follows that a member:

a. shall at all times avoid all known or potential conflicts of interest. He should keep his employer or client fully informed on all matters, including financial interests, which could lead to such a conflict. In no circumstances should he participate in any decision which could involve him in conflict of interest;

b. shall, when acting as administrator of a contract, be impartial as between the parties in the interpretation of the contract. This requirement of impartiality shall not diminish his duty to apply his skill and knowledge in the interests of the employer or client;

c. shall not accept compensation, financial or otherwise, from more than one party for services on the same project, unless the circumstances are fully disclosed to, and agreed to by all interested parties;

d. shall neither solicit nor accept financial or other valuable considerations, including free designs, from material or equipment suppliers for specifying their products;

e. shall neither solicit nor accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with his client or employer in connection with work for which he is responsible;

f. shall advise his client or employer when as a result of his studies he believes that a project will not be viable;

g. shall neither disclose nor use confidential information gained in the course of his employment without express permission.

CLAUSE 6:

Members shall give evidence, express opinions or make statements in an objective and truthful manner and on the basis of adequate knowledge. It follows that:

a. a member’s professional reports, statements or testimony before any tribunal shall be objective and accurate. He shall express an opinion only on the basis of adequate knowledge and technical competence in the area, but this shall not preclude a considered speculation based intuitively on experience and wide relevant knowledge;

b. a member shall reveal the existence of any interest, pecuniary or otherwise, that could be taken to affect his judgement in a technical matter about which he is making a statement or giving evidence.

CLAUSE 7:

Members shall continue their professional development throughout their careers and shall actively assist and encourage those under their direction to advance their knowledge and experience.

The principle here is that members shall strive to widen their knowledge and improve their skill in order to achieve a continuing improvement of the profession. It follows therefore that a member:

a. shall encourage his professional employees and subordinates to further their education, and

b. shall take a positive interest in, and encourage his fellows actively to support The Institute and other professional organisations which further the general interests of the profession.

CLAUSE 8:

Members shall comply with all laws and government regulations relating to the mineral industries, and with the rules, regulations and practices as established and promulgated by the Australian or New Zealand stock exchanges with respect to the official listing requirements for mining and/or other companies. It follows that a member:

a. shall inform himself of the laws and regulations relating to the mineral industries in Australia and the States and Territories, and in New Zealand and other countries where he maybe engaged as an employee or consultant;

b. shall observe the requirements of stock exchanges in respect to reports on mineral exploration and assessment issued by listed companies. In the particular case of the Australian Associated Stock Exchanges he shall meet the requirement of a “competent person” in that he shall be a Corporate Member of The Institute and shall have a minimum of five years' experience in the field of activity on which he is reporting.