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Misconduct
About misconduct:
The Public Service Act 1999 establishes a Code of Conduct for all APS employees. Where an employee is found to have breached this code the Agency Head may impose a range of sanctions (including dismissal) in order to facilitate the efficient administration of the APS and to maintain public confidence in its integrity.
Current directive publications, circulars & advices:
- Managing breaches of the APS Code of Conduct (2002) (as amended by 2002/1)
- Review of Actions (Pamphlet)
- Termination of employment (2004)
- Circular No 2008/3: Providing information on Code of Conduct investigation outcomes to complainants
- Circular No 2007/5: Involvement of public servants in public information and awareness initiatives
- Circular No 2007/2: The Privacy Act and employee information concerning Code of Conduct matters
- Circular No 2007/1: Declarations of Personal Interests: Revised Policy Guidelines
- Circular No 2006/3: Amendment to the Public Service Regulations 1999 - disclosure of information
- Circular No 2004/6: Amounts to be Included in Payment in Lieu of Notice on Termination of Employment
- Circular No 2002/5: Breaches of the Code of Conduct - reduction in salary for a specified period
- Circular No 2001/4: Whistleblowers' reports
- Advice No 28: Application of the APS Code of Conduct to certain statutory office holders
- Advice No 23: Transitional provisions for dealing with pre-commencement misconduct
- Advice No 13: Review of Actions
Current good practice advice
Reference archive
- Circular No 2005/3: Disallowance of amendments to the Public Service Regulations 1999 – Regulations 2.1 (Disclosure of information)
- Circular No 2004/8: Amendment to the Public Service Regulations 1999
Frequently asked questions
- Can anyone other than an APS employee report a suspenct breach of the Code of Conduct?
- If I am not satisfied with the outcome of a Code of Conduct investigation about me, do I have any rights to have the outcome reviewed?
- If an employee makes a complaint against me and the investigation finds that the allegation was false - what recourse do I have?
- What is involved in an internal complaint process?
- What information can be given to a complainant about the outcome of a Code of Conduct or whistleblowing investigation?
- What can employees expect in terms of natural justice (procedural fairness) during a Code of Conduct investigation or a Whistleblowing inquiry?
- As a complainant, what rights of review do I have if my agency decides that my whistleblowing report is vexatious and/or frivolous and is therefore not pursued or if I do not agree with the outcome of the investigation?
