of Ethics Online Collection:undated
Australasian Institute of Mining and Metallurgy
The grades of membership include Fellows, Members and Company Members, who are Corporate Members, and Affiliates, Graduates and Students. (NB: Affiliate grade eliminated in 1994).
All members of The Institute are required under By-Law 30 to comply with the Code of Ethics and with the Code for Consultants when practicing as such.
During 2003, a Task Force was set up to review The AusIMM Code of Ethics and By-Law 28. The Board of The AusIMM has approved the recommendations of the Task Force and the By-Laws and Code of Ethics are now available below. The Code of Ethics has also been amended to meet ACCC requirements and to modernize the Code.
Code of Ethics as approved by the Board, 22/09/04
PREAMBLE
The purpose of the Code of Ethics is to commit members to uphold and enhance the honesty, honor, integrity and dignity of their professions, such that the members and their professions merit the highest esteem by the community. Alleged behaviors, which should be deemed a breach of the Code of Ethics, include:
a. Any breach of the specific clauses of the Code of Ethics. Breaches without dishonesty, intent, repetition or reckless incompetence should be deemed as “non-compliance” which could result in personal counseling and/or admonition, but not suspension. More serious breaches (with the aforementioned characteristics) should be deemed as ‘unethical behavior” and could give rise to suspension, expulsion, and/or publication.
b. Any breach of any Rule or Code of the Institute (for example, JORC or VALMIN) that is characterized by dishonesty, intent, or reckless incompetence.
c. Gross professional incompetence
d. Professional defamation (widely publicized), and
e. Criminal conduct.
Provisions contained within the Code of Ethics are not designed to restrict competitive behavior in anyway. The Institute is committed to promoting vigorous competition within the industry.
CODE OF ETHICS
1. In conducting their professional activities, 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.
2. Members shall act so as to uphold and enhance the honesty,
honor, integrity and dignity of the profession.
3. Members shall perform work only in their areas of competence.
4. Members shall build their professional reputation on merit
and shall not compete unfairly.
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.
6. Members shall give evidence, express opinions or make statements
in an objective and truthful manner and on the basis of adequate
knowledge.
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.
8. Members shall comply with all relevant laws and government
regulations relating to the mineral industries, and with the
rules, regulations and practices as established and promulgated
by the stock exchanges with respect to their official listing
requirements for mining and/or other companies.
INTERPRETATIONS
CLAUSE 1:
In conducting their professional activities, 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 members:
a) shall avoid assignments that may create a conflict between the interests of their client or employer and the public interest;
b) shall work in conformity with acceptable technological standards and not in such a manner as to jeopardize the public welfare, health or
safety;
c) shall endeavor at all times to maintain technological services essential to public welfare;
d) shall in the course of their professional life endeavor to promote the well-being of the community. If their judgment is over-ruled in this matter they should inform their client or employer of the possible consequences (and, if appropriate, notify the proper authority of the situation);
e) if they consider that by so doing they can constructively advance the well-being of the community, contribute to public discussion on scientific and technological matters in their area of competence.
CLAUSE 2:
Members shall act so as to uphold and enhance the honesty, honor, integrity and dignity of the profession.
The principle here is that the profession should endeavor by its behavior to merit the highest esteem of the community. It follows that a member:
a) shall not be involved with any business or professional practice which is known 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) members shall inform their employer or client and make appropriate recommendations on obtaining further advice, if an assignment requires qualifications and experience outside of their field of competence; and
b) in the practice of consulting members shall not describe themselves, nor permit themselves to be described, nor act as a consultant unless they are a Corporate Member, occupy a position of professional independence, are prepared to design and supervise works or act as an unbiased and independent adviser.
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 in a professional sense to gain a benefit. It follows that members:
a) shall only approach prospective clients or employers with due regard to their professional independence and to this Code of Ethics;
b) shall promote the principle of engagement upon the basis of merit.
c) shall not attempt to supplant another, employed or consulting, who has been appointed;
d) in the practice of consulting, shall not undertake professional work on a basis which involves an undisclosed speculative fee or undisclosed remuneration which is conditional on implementation of the work.
e) shall neither falsify nor misrepresent their own or their associate’s qualifications, experience and prior responsibility;
f) shall neither maliciously nor carelessly do anything to injure, directly or indirectly, the reputation, prospects or business of others;
g) shall not use the advantages of a privileged position to compete unfairly with others;
h) shall exercise due restraint in explaining their own work and shall refrain from unjustified criticism of the work of another;
i) shall give proper credit for professional work to those to whom credit is due and acknowledge the contribution of subordinates and others;
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 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;
c. shall neither solicit nor accept financial or other valuable considerations , including free designs, from material or equipment suppliers for specifying their products;
d. shall neither solicit nor accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with their client or employer in connection with work for which they are responsible;
e. shall advise their client or employer when as a result of their studies they believe that a project will not be viable;
f. shall neither disclose nor use confidential information gained in the course of their employment without express permission, or if it is clear that the original owner no longer has an interest in the information.
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. member’s professional reports, statements or testimony before any tribunal shall be objective and accurate. They 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. members shall reveal the existence of any interest, pecuniary or otherwise, that could be taken to affect their judgment in a technical matter about which they are 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 members:
a) shall encourage their professional employees and subordinates to further their education, and
b) shall take a positive interest in, and encourage their fellows to actively support The Institute and other professional organizations which further the general interests of the profession.
CLAUSE 8:
Members shall comply with all relevant laws and government regulations relating to the mineral industries, and with the rules, regulations and practices as established and promulgated by the stock exchanges with respect to their official listing requirements for mining and/or other companies.
It follows that members:
a. Shall inform themselves of the laws and regulations relating to the mineral industries in countries where they may be 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.
