Review of Employee Performance and Conduct

The New South Wales Department of Education has commissioned Mr Mark Tedeschi AM QC, former Crown Prosecutor for the State of NSW, to conduct a review into the functions and operations of the Employee Performance and Conduct (EPAC) Directorate within the department.

Purpose and scope

The purpose of this review is to examine and make recommendations to the Secretary of the department about how employee performance and conduct functions are managed, and identify areas for improving operational efficiency, the timeliness of outcomes, as well as opportunities to enhance stakeholder perceptions on aspects like independence and procedural fairness.

The specific focus of the review will be on the investigation stream, and the way allegations of staff misconduct are referred to the Employee Performance and Conduct (EPAC) Directorate, and how those allegations are assessed, investigated and managed.

The review will examine and make recommendations about:

  • the structure and adequacy of resources currently deployed in the EPAC Directorate
  • the roles, responsibilities and functions of EPAC
  • investigation practices and procedures in use within EPAC
  • how procedural fairness considerations are incorporated into investigative practice and procedure and demonstrated as part of the investigation process
  • the tools, systems and processes used to manage cases under investigation including monitoring and reporting on the time taken to finalise investigations
  • opportunities for improving the timeliness of investigations while maintaining the quality of investigative outcomes.

The review will also consider how similar investigative functions are managed by other agencies both within and outside NSW in both educational and other professional settings and make recommendations on how to establish best practices.

The review will not look into the outcomes of individual cases and will not reconsider or overturn the outcomes of any previous investigations.

Terms of Reference

View or download the Terms of Reference (PDF 95.5KB) of the review.

Making a submission

Thank you for your interest. The period for making submissions to the review of EPAC closed on 29 March 2019.

Frequently asked questions

  1. Why is the review happening?

    The department is committed to the values of accountability, integrity and trust and the Strategic Goal of ensuring that community confidence in public education is high.  The protection of children is our paramount concern, and managing allegations of staff misconduct is an area with the potential to undermine public confidence in our public education system.  Every effort must be made to ensure the approach to managing allegations and complaints, and the systems and processes supporting it, are of the highest calibre and deliver optimal outcomes.

  2. How will this review help to improve the current situation?

    This review will consider the views of key stakeholders along with best practices adopted in other Australian and overseas jurisdictions to determine what improvements can be made to the management of allegations and complaints to ensure community confidence in public education in NSW remains high.

  3. Will the review have any impact on current or past cases investigated by EPAC?

    No, this review will not be looking into the outcomes of individual cases, but the systems, processes and procedures currently in place and those that could be adopted, for ensuring investigations are conducted in the most efficient and effective way, that procedural fairness considerations are observed in all cases and that matters of corruption and misconduct are dealt with appropriately.

  4. What will happen once the review is completed?

    Once the review is completed, the department will consider and respond to the findings and recommendations and share recommendations with stakeholders in relation to any changes or improvements the department intends to make.

  5. How long will the review take to complete?

    Submissions from stakeholders will be invited during March 2019, with a report to be delivered to the Secretary by 30 June 2019. The Secretary will then communicate the outcomes of the review to stakeholders.

  6. Who is running the review?

    Mr Mark Tedeschi AM QC has been appointed to conduct the review. Mr Tedeschi is a highly respected Queens Council and former Crown Prosecutor in NSW.

  7. How can I make a submission to the review?

    Submissions, suggestions and comments in relation to the review can be made by completing the EPAC submission form.

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