Department of Education

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PoliciesHuman resourcesComplaints and misconduct ‹ Disputes and Complaints
School management
Safety and welfare
Human resources
Complaints and misconduct
Disputes and Complaints
Staff Conduct and Discipline Policy and Procedures
A Guide to the Discipline process for Public Sector staff
A Guide to the Discipline process for Wages and other officers
Code of Conduct
Complaints Management Toolkit
Grievance Framework
How to Comply with our Code of Conduct
Reporting Misconduct
Talking with my school
Letter 01 Complainant - Informal grievance received
Letter 02 Complainant - Meeting with line manager
Letter 03 Complainant - Scheduling conciliation, mediation meeting with all parties
Letter 04 Complainant - Notification of Resolution Agreement
Letter 05 Complainant - Notification of Resolution Decision
Letter 06 Complainant - Delay in process
Letter 07 Complainant - Progress update
Letter 08 Respondent- Informal grievance received, future meeting
Letter 09 Respondent - Meeting with line manager
Letter 10 Respondent Scheduling conciliation, mediation meeting with all parties
Letter 11 Respondent - Notification of Resolution Agreement
Letter 12 Respondent - Notification of Resolution Decision
Letter 13 Respondent - Delay in process
Letter 14 Respondent - Progress update
Letter 15 Complainant - Formal grievance received, future interview
Letter 16 Complainant - Scheduling interview
Letter 17 Complainant - Findings of formal assessment and outcome
Letter 18 Complainant - Delay in process
Letter 19 Complainant - Progress update
Letter 20 Complainant - Grievance referred to Standards and Integrity Directorate
Letter 21 Complainant - Response received from Standards and Integrity Directorate
Letter 22 Complainant - Scheduling mediation with external provider
Letter 23 Complainant - Outcome of mediation
Letter 24 Respondent-Formal grievance received, interview or written response
Letter 25 Respondent - Scheduling interview
Letter 26 Respondent - Findings of formal assessment and outcome
Letter 27 Respondent - Delay in process
Letter 28 Respondent- Progress update
Letter 29 Respondent - Grievance referred to Standards and Integrity Directorate
Letter 30 Respondent - Response received from Standards and Integrity Directorate
Letter 31 Respondent -Scheduling mediation with external provider
Letter 32 Respondent - Outcome of mediation
Letter 33 Interviewees - Scheduling interview
Employee housing
Equity and diversity
Human resource management
Leave management
Recruitment, selection, appointment, transfer and deployment
Finance and administration
Corporate management

Disputes and Complaints


Appendices

Appendix D Conduct matters - local resolution or central management

Complaints can be made about the provision of education or the conduct of any employee of the Department of Education. In general terms, local resolution of the majority of complaints concerning the provision of education is preferred, wherever it is appropriate to do so, with the 'local level' being defined as a school, district or central office directorate/branch. However, complaints/information received relating to the conduct of employees that may constitute a breach of discipline on the part of an employee, are generally more appropriately managed by the Standards and Integrity Directorate on behalf of the Director General.

The Director General has the discretion as to whether to treat suspected breaches of discipline in accordance with the appropriate disciplinary provisions.

In exercising their discretionary power, the Director General must adhere to the Australian Standard with respect to Compliance and ensure that staff are aware that they are expected to comply with laws, regulations, codes of conduct and organisational standards.

It is not possible to provide a definitive list of all breach of discipline matters that ought to be dealt with centrally vis a vis those matters that can be dealt with locally by alternative complaints resolution procedures such as mediation, line management adjudication, formal grievances procedures etc.

However, the table below identifies examples of breaches of discipline that generally ought be dealt with in one or the other category. As with all matters, the Director General reserves the right to depart from these guidelines in extraordinary circumstances.

Notwithstanding the above, Managers, District Operations will be able to assist principals in clarifying the most appropriate foci of management for any matter that may arise, as deemed necessary. Managers, District Operations may liaise with the Director, Standards and Integrity Directorate in respect of more complex matters.

Question Answer Management Focus EXAMPLES
Does the matter constitute misconduct as defined by section 4 of the Corruption and Crime Commission Act 2003? Yes Standards and Integrity Directorate
[The Director General is required under section 28 of the Corruption and Crime Commission Act 2003 to report such matters – this obligation must be performed by the Director General
 
  • Corruptly acts or corruptly fails to act in the performance of their functions.
  • Corruptly takes advantage of position to obtain a benefit for themselves or another person or to cause a detriment to any person.
  • Whilst acting in official capacity, commits an offence punishable by 2 years imprisonment.
  • Involves the performance of their function in a manner that is not honest or impartial.
  • Adversely affects, or could affect, directly or indirectly, the honest or impartial performance of the functions of the department or departmental officer whether or not acting in the performance of their function at the time.
  • An act that involves a breach of trust.
Is it an issue that, if proven, warrants a penalty as outlined in Part 5 of the Public Sector Management Act 1994? Yes
  • Standards and Integrity Directorate
  • [Pursuant to Part 5 Public Sector Management Act 1994 or a 'mirrored' process where the Act is not applicable]
  • Disregard or disobedience of a lawful order/ directive.
  • Negligent or careless behaviour that may have the potential to involve the Department in litigation or requires the involvement of other agencies or adversely affects the safety and welfare of other persons.
  • Attempted intimidation, coercion and reprisal against a complainant who discloses unlawful or unethical behaviour.
  • Improper use or disclosure of official and personal information.
  • Unauthorized use of departmental property for private purposes.
  • Wilful damage to departmental property.
  • Misconduct relating to alcohol abuse.
  • Accessing pornographic websites.
  • Verbal, inappropriate physical contact or emotional abuse of students (Consultation should occur with the Director, Standards and Integrity Directorate in respect of this potential breach of discipline as the response and severity of offence may vary considerably).
Is criminal conduct involved, i.e. have/or could the police be contacted to investigate or have they laid a charge and/or convicted the employee? Yes Standards and Integrity Directorate
[Pursuant to Part 5 Public Sector Management Act 1994 or a 'mirrored' process where the Act is not applicable]
 
  • Fraud, dishonesty, theft or misappropriation of money.
  • Assault/physical abuse of students and/or staff.
  • Illegal substance abuse and/or possession.
  • Possession of child pornography.
     
Does the issue go to the core of the Employer – Employee relationship? Yes Standards and Integrity Directorate
[the Director General is the employing authority, and needs to assess the damage to the contract]
  • Abuses of privileges and/or entitlements of employment such as sick leave.
  • Engaging in activities unrelated to the employment contract such as working for another employer or engaging in another business without approval. (Refer to section 102 of the Public Sector Management Act 1994)
Is an external agency, such as the:
  • Office of the Public Sector Standards Commission
  • Equal Opportunity Commission
  • State Ombudsman

formally involved?

Yes Standards and Integrity Directorate
[because the Department as an agency is being represented]
  • Claim of a breach of Public Sector Standards in HR Management (after following relevant local procedures for the management of claims alleging a breach of Public Sector Standards).
  • A formal claim lodged with the Equal Opportunity Commission alleging sexual harassment, race discrimination etc.
Is the matter one involving adult to adult communication and one more likely to result in desirable short and long term behaviour changes if addressed through alternative resolution procedures as distinct from applying penalties outlined in Part 5 of the Public Sector Management Act 1994? Yes Local
[Options available:
  • Formal grievance processes
  • Mediation
  • Line Management Adjudication]
Issues arising from breaches of the Public Sector Code of Ethics /Code of Conduct relating to Respect for Persons including use of abusive, insulting or obscene language and workplace bullying.
Does the matter relate to sexual/racial harassment between adults but is not of a criminal nature? (such as sexual assault or racial vilification, for instance) Yes Local
[address according to policy]
  • Sexual/racial harassment.
  • Inappropriate posters being displayed at the workplace
  • Offensive comments
Does the complaint relate to an administrative decision affecting a student? Yes Local
[address according to policy]
  • Provision of homework
  • Suspension/exclusion
  • Managing student behaviour

 


Disputes and Complaints
http://det.wa.edu.au/policies/detcms/policy-planning-and-accountability/policies-framework/policies/disputes-and-complaints.en?bbp.9.policyID=11565114&selected=4&bbp.10.pane=6&bbp.i=d0.b.1.5.1.5.1&g11n.enc=UTF-8

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