Public Service Act 1999 Advice No. 21: Workplace harassment

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.

Introduction

This advice is one of a series of advices to be issued by the Public Service and Merit Protection Commission (PSMPC) concerning the Public Service Act 1999 (the new PS Act) and the Public Employment (Consequential and Transitional) Amendment Act 1999 (the PECTA Act). It is proposed that the new legislation will come into operation on 5 December 1999 and the information contained in this advice will take effect on commencement of the legislation.

2 The purpose of this advice is to outline changes to the way agencies deal with allegations of workplace harassment under the new legislation.

Background

3 Workplace harassment is prohibited by the APS Code of Conduct as well as Commonwealth anti-discrimination legislation.

4 From the introduction of the regulations under the Public Service Act 1922 (the old PS Act) on 15 March 1998, the Code required APS staff, when acting in the course of APS employment, to treat everyone with respect and courtesy and without harassment (regulation 7(3) of the old Public Service Regulations). A staff member who failed to observe these requirements could be found to have breached the Code and would therefore be subject to the disciplinary provisions of the old PS Act.

Changes under the new legislation

5 In the new Act, the wording of the section of the Code of Conduct relating to workplace harassment remains the same. Employees, when acting in the course of APS employment, continue to be required to treat everyone with respect and courtesy and without harassment (section 13(3)).

Implications for agencies

6 There will be minimal change to the way agencies deal with allegations of workplace harassment under the new legislation.

7 Such allegations would continue to be dealt with formally by agencies if the person or group of persons alleging harassment lodges an application for a review of action. Agencies would need to take account of changes to the review of actions process under the new legislation. An advice on this process, Review of Actions, will be issued shortly by the PSMPC.

8 Where harassment has been found to have occurred, the person against whom allegations had been made could be subject to misconduct action and account would need to be taken of changes to agency misconduct processes. An advice on these processes, Breaches of the Code of Conduct, will be issued shortly by the PSMPC.

9 Protection against victimisation or discrimination provided by the whistleblowing provisions of the new Act applies to employees who report a breach of the Code, including those who report workplace harassment. An advice on these provisions, Protection for Whistleblowers, will be issued shortly by the PSMPC.

10 Information contained in the booklet Achieving a Harassment-Free Workplace issued by the PSMPC in 1998 remains relevant except for references to the old legislation.

Further advice

11 In addition to the related advices referred to above, this advice should be read in conjunction with the advice The APS Values and the Code of Conduct.

12 PSMPC contact is our hotline on (02) 6202 3859

Jenny Harrison
Team Leader
Values, Conduct and Diversity Team

17 November 1999