print this page
PDF
© Copyright Commonwealth of Australia - Australian Public Service Commission
Home page
> Values in the APS > Embedding the APS Values: Case studies and other supporting material > Next: Case study 10
> Publications
‹ Previous page
Last updated: 25 August 2003
Embedding the APS Values: Case studies and other supporting material
Please note: These documents are for reference purposes only and are no longer considered by the APS Commission to be current. They may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
Useful references
Case study 9: Attorney-General's Department:
Policy for managing breaches of the Code of Conduct
Background
The Attorney-General's Department has developed an employee relations advice, Management of AGD Employee Conduct and Whistleblower Reports, to support certain requirements of the Public Service Act 1999 (PS Act).
The PS Act requires that agency procedures for determining whether an APS employee has breached the Code of Conduct:
- must comply with the basic procedural requirements contained in the Public Service Commissioner's Directions 1999
- must have due regard to procedural fairness
- may be different for different categories of APS employees.
The PS Act also requires Agency Heads to take reasonable steps to ensure that every employee in their agency has ready access to the documents that set out these procedures.
The Public Service Commissioner's Directions 1999 set out the basic procedural requirements with which an agency must comply in its procedures for determining whether an APS employee has breached the Code of Conduct. In addition, Public Service Regulation 2.4(1) requires Agency Heads to establish procedures for dealing with a report made by an APS employee under the 'whistleblower' provisions of the Act. Regulation 2.4(2) describes matters that an agency's procedures must contain.
The employee relations advice sets out the department's policy on managing suspected misconduct and handling whistleblower reports. It supports procedures for determining suspected breaches of the Code of Conduct made under the PS Act.
Description
The department's employee relations advice on managing suspected breaches of the Code of Conduct aims to be user-friendly, especially for managers and decision makers. It also aims to give employees a comprehensive understanding of how the process will be conducted. The procedures contain a clear statement of policy objectives and operating principles, a glossary to assist understanding and a flow chart outlining the stages involved in handling suspected breaches. The advice also:
- states the general principles for handling suspected Code of Conduct breaches-these include the principles of procedural fairness and equity and other principles which are consistent with the APS Values
- sets out clearly the responsibilities and accountabilities of all employees, and managers, and decision makers in particular
- gives guidance on issues to be considered in deciding whether to instigate a formal investigation into a suspected breach of the Code of Conduct or take some other less formal action
- describes the circumstances in which an employee suspected of having breached the Code of Conduct may be suspended or be subject to temporary assignment of other duties
- includes arrangements for periodic review of suspension with or without remuneration, pending determination of the case
- sets out arrangements for setting sanctions and the date of effect
- contains indicative time frames for case management makes clear responsibilities for record keeping
- provides information on rights of review.
The department has linked its advice on managing suspected breaches of the Code of Conduct to advice on managing whistleblower reports. The advice includes a copy of the APS Code of Conduct, the procedures made by the Secretary for determining suspected breaches of the Code of Conduct, and a schedule of related legislation and guideline documents.
For more information please contact:
ROSS BUTLER
PHONE 02 6250 6114
ross.butler@ag.gov.au .
