NPPE cheat sheet

A professional owes duties to the public, the client/employer, and the profession; where these conflict, public safety and welfare rank first.

Ethical tests for a decision: is it legal, is it consistent with the code of ethics, would it withstand disclosure, and does it protect the public?

Conflict of interest exists when a personal or financial interest could improperly influence professional judgment; it must be disclosed, and where material, avoided.

Confidentiality obligations survive the end of the professional relationship; exceptions include legal compulsion, court order, and imminent risk of serious harm.

A professional must practice only within their area of competence and obtain specialist input where the matter exceeds that competence.

Gifts or hospitality that could reasonably be seen to influence judgment are declined or disclosed; token courtesy items of nominal value are generally acceptable.

Whistleblowing is justified when a significant public interest (safety, health, legality) is at risk and internal channels have failed or are unsafe to use.

Integrity requires correcting one's own errors promptly and disclosing them to affected parties rather than concealing or shifting blame.

A code of ethics states aspirational principles; a code of conduct states enforceable minimum standards of behaviour.

A contract requires offer, acceptance, consideration, intention to create legal relations, and capacity; a counter-offer operates as a rejection of the original offer.

Negligence requires a duty of care, breach of the standard of a reasonably competent professional, causation, and quantifiable loss.

Standard of care for a professional is measured against peers of ordinary competence, not against the highest possible standard.

Limitation periods bar claims after a fixed time from the act or from discovery; contractual limitation clauses may shorten exposure but cannot exclude liability for fraud.

A tort is a civil wrong independent of contract; the leading elements of professional liability are negligence, misrepresentation, and breach of confidence.

Force majeure clauses excuse performance on defined events beyond a party's control; without such a clause, only the common-law doctrines of frustration apply.

A contract term that excludes liability for death or personal injury caused by negligence is void; other exclusions must be reasonable to be enforceable.

Privilege protects certain communications from disclosure: legal advice privilege covers confidential lawyer-client advice; litigation privilege covers communications made for pending litigation.

An agent binds a principal within actual or apparent authority; the principal can ratify an unauthorised act after the fact.

Regulatory bodies derive authority from statute; their powers are limited to those expressly granted plus those necessarily implied.

A regulator must observe natural justice: the right to notice of allegations, a fair hearing, and a decision by an unbiased decision-maker.

Licensing regimes typically require entry qualifications, continuing competence, and a complaints and discipline process with appeal rights.

Corporate governance separates the board's oversight role from management's executive role; the board sets strategy and monitors, management executes.

Board duties commonly include duty of care, duty of loyalty (avoiding conflicts), and a duty to act within the constitution and the law.

A conflict-of-interest policy requires directors to declare interests, abstain from voting on affected matters, and record the declaration in the minutes.

Regulatory decisions are reviewed by courts on grounds such as error of law, procedural unfairness, and unreasonableness, not on the merits of the evidence.

Delegation of a statutory power is permitted only where the statute authorises it; an unauthorised sub-delegation is invalid.

Independence of a regulator requires freedom from direction by the regulated industry and, where applicable, by the executive in individual cases.

Risk management cycle: identify, assess likelihood and impact, treat (avoid, reduce, transfer, accept), monitor, and review.

A project is constrained by scope, time, cost, and quality; changing one constraint requires an adjustment in at least one other.

A RACI matrix assigns each task one Accountable party, plus Responsible, Consulted, and Informed roles; multiple Accountable parties create ambiguity.

Effective written communication states purpose, audience, key message, and required action, and avoids unnecessary jargon.

Active listening involves attending, reflecting back, clarifying, and summarising to confirm shared understanding.

Conflict-handling modes (Thomas-Kilmann) are competing, collaborating, compromising, avoiding, and accommodating; collaborating seeks a win-win outcome.

Constructive feedback is specific, behavioural, timely, and focused on observed conduct rather than on the person's character.

A quality management system follows the plan-do-check-act cycle and records non-conformities with corrective actions.

Change management succeeds when there is a clear case for change, visible sponsorship, stakeholder engagement, and reinforcement of new behaviour.