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Last updated: 15 December 1998
Circular 1998/19: Public Interest Whistleblowing & Achieving a Harassment-Free Workplace
Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
This circular is to advise you of the release of: Public Interest Whistleblowing and Achieving a Harassment-Free Workplace. These documents are the first two in the Implementing Change series of publications produced by the Commission.
Public interest whistleblowing
As part of the administrative reform process, a whistleblowing scheme for the APS was introduced via the Public Service Regulations in March 1998.
While the scheme is based on an expectation that disclosures should usually be made and investigated within the agency concerned, in some circumstances an employee may make a disclosure directly to the Public Service Commissioner. In addition, where a whistleblower is not satisfied with the findings of an agency-based investigation, he or she has the option of taking the matter to the Public Service Commissioner.
Public Interest Whistleblowing sets out the procedures that will be adopted when an APS employee reports a breach (or alleged breach) of the APS Code of Conduct to the Public Service Commissioner. This could occur either in circumstances where the Public Service Commissioner agrees that the report relates to an issue that would be inappropriate to report to the relevant Agency Head [regulation 11(c)] or where an employee refers the report to the Public Service Commissioner because he or she is not satisfied with the outcome of an investigation conducted by their agency [regulation 11(f)].
Achieving a harassment-free workplace
Guidelines on eliminating workplace harassment in the APS were previously set out in two documents, Eliminating Sexual Harassment (1990) and Eliminating Workplace Harassment (1994). Achieving a Harassment-Free Workplace replaces these publications.
In addition to the specific mention of harassment in the new APS Code of Conduct, the APS Values emphasise the importance of a non-discriminatory, fair and safe workplace. The new document reinforces this message as well as reflecting the experience of the APS in managing workplace harassment over the last few years.
The guidelines take account of the flexibilities which the Government's reform program has given to individual agency workplaces. They clarify the difference between workplace harassment and management's legitimate right to make decisions and take actions necessary for organisational effectiveness. They also provide clearer advice on the issue of vicarious liability of APS agencies for workplace harassment committed by their employees, including liability for harassment that occurs outside the workplace.
APS agencies are responsible for ensuring they have systems in place to prevent and address workplace harassment. It would be beneficial for there to be consistency between the processes developed for investigating complaints of workplace harassment, those reported under the whistleblowing provisions and the grievance processes currently in place in the agency.
A copy of both documents has been sent to all Heads of Departments and Agencies. Both can be viewed on the PSMPC's website; www.apsc.gov.au. Any queries or comments on Public Interest Whistleblowing should be directed to 02 6202 3859.
Kerrie Tim
Team Leader
Diversity Values and Conduct Team
December 1998
