Circulars, Guidance, and Advice

Generally, administrative decisions, such as those taken in the misconduct process, must have regard to procedural fairness.

Preparing for a misconduct investigation includes scoping and planning, formulating allegations, and notifying an employee or former employee that they are the subject of a misconduct investigation.

The Australian Public Service Commissioner’s Directions 2022 (the Commissioner’s Directions) provide that upholding the ‘Ethical’ Value requires each employee, having regard to their duties and responsibilities, to report and address misconduct and other unacceptable behaviour by public servants in a fair, timely, and effective way (s.13(f) of the Commissioner’s Directions).

This factsheet outlines a range of additional resources that may be helpful when planning or conducting misconduct investigations.

Records relating to misconduct action need to be kept separate from the personnel file of the employee or former employee.

Undertaking a misconduct investigation includes gathering and assessing evidence—and, in many cases, preparing an investigation report—to inform a breach determination that is sound and defensible.

Agencies should consider whether it is appropriate for the person under investigation to remain in their current role, or in the workplace, while the misconduct process takes place.

There are a number of key roles in a misconduct process, and agencies need to consider whether it is appropriate for the same person to fulfil more than one.

Management action may be considered where agencies have assessed an employee’s behaviour to be less serious, or to pose a lower risk to public confidence in the APS.

A formal misconduct process is one option available to agencies when behaviour does not meet expectations, but it will not be a suitable or proportionate response in every case.

Agencies should ensure they have measures in place for protecting complainants and witnesses from adverse consequences of coming forward with concerns or information, and should ensure complainants and witnesses are made aware of these, and of the support available to them.

The purpose of this Circular is to provide general information to Australian Government employers who are considering adopting policies that would require employees to be vaccinated against COVID-19.

This circular is to inform Australian Government employers of the recent changes to the Fair Work Act 2009 that provide improved support for parents who experience miscarriage.

The purpose of this Circular is to inform Australian Government agencies of the completion of the Fair Work Commission’s review of casual terms in modern awards