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Last updated: 1 August 2008
Circular 2008/6: Revised edition of Handling Misconduct publication
The purpose of this circular is to advise agencies that a revised edition of the publication Handling Misconduct – a human resources practitioner’s guide to the reporting and handling of suspected and determined breaches of the APS Code of Conduct is now available on the Commission’s website and, for the first time, in hard copy. It updates the first edition issued in 2007. Hard copies can be ordered from the Publications page of the Commission’s website www.apsc.gov.au/publications.
2. Handling Misconduct is a good practice guide to assist agency human resource areas to review and improve their guidance material and procedures for reporting and dealing with suspected and determined breaches of the APS Code of Conduct.
3. This edition incorporates in Chapter 9 advice contained in recent Commission circulars (see Circulars Nos 2008/3 and 2007/2) concerning the release of information in Code of Conduct matters and requirements under the Privacy Act 1988.
4. Other updates in this edition include:
- procedural fairness when determining whether a suspension for suspected misconduct is with or without remuneration (see Chapter 4)
- using an internal or external investigator (see Chapter 5)
- the role of a sanction delegate (see Chapter 6)
- reduction in classification and salary as a sanction (see Chapter 6)
- agency guidance material (see Chapter 7)
- sample clauses for inclusion in agency Code of Conduct investigation processes relating to the disclosure of personal information (see Appendix 6)
- sample letter advising complainants on the outcome of an investigation (see Appendix 7).
5. The Summary Guide to this publication remains current.
Further information
6. Agencies’ central HR areas can obtain further information on the matters raised in this circular from the Commission’s Employment Policy Adviceline—by phone on (02) 6202 3859 or e-mail employmentpolicy@apsc.gov.au. It may be more appropriate for more complex or sensitive queries to be dealt with in writing.
Georgia Tarjan
Group Manager
Policy Group
1 August 2008
