Management of Conduct and Performance

This policy addresses the management of misconduct and unsatisfactory performance for department employees.

Changes since previous version

February 2021 - Minor update to policy with the addition of the impairment procedures implementation document.

Superseded Documents

NONE

Document History

June 2020 - this is a routine update which includes text revisions, updating contact details, repairing broken links and removal of references to previous legislation to the policy and implementation document.

  1. Policy statement
    1. When managing misconduct and unsatisfactory performance for all employees the process should adhere to the following.
      • manage risk to all parties, with the protection of children the paramount consideration
      • be procedurally fair and timely
      • provide the opportunity to respond to matters raised about an employee where an adverse finding is contemplated.
    2. Principals and workplace managers should respond to cases of lower-level misconduct, where investigation is not warranted. Measures may include but are not limited to, providing guidance and or advice, mentoring, addressing a complaint, training and providing a written direction.
    3. Before beginning a performance improvement program, principals and workplace managers must ensure they have communicated and clarified performance concerns with the employee, and provided support to address the identified concerns.
    4. Principals and workplace managers undertake performance review processes in line with relevant improvement program procedures. The Professional and Ethical Standards directorate will review these processes.
    5. Principals and workplace managers must apply discipline or performance review processes consistently, without bias, and consider each case on its merits. They must conduct investigations and performance processes fairly, transparently and in a timely manner.
    6. The approach taken will depend on the nature and seriousness of the issue. A delegated director from the Professional and Ethical Standards directorate will assess each matter and decide whether remedial or disciplinary action is necessary.
  2. Audience and applicability
    1. The Guidelines for the Management of Conduct and Performance apply to all permanent officers and ongoing employees of the department employed under the following legislation.
      • Teaching Service Act 1980
      • Education (Staff Administrative and Support Staff) Act 1987.
    2. The Guidelines for the Management of Conduct and Performance extend to temporary employees, under these employment Acts, in the following circumstances.
      • where an employee is charged with a serious offence
      • where an employee is charged with and/or convicted of serious sex offences, or offences against children that would mean they are prohibited from engaging in child-related work.
    3. The Government Sector Employment Act 2013 and associated rules set out the legislative framework for managing unsatisfactory performance and misconduct by a person employed under that Act.
    4. Where an employee may be impaired the impairment procedures may apply to ongoing and permanent employees. The Procedure’s diversionary pathway is not available to employees if they are the subject of:
      • physical assault allegations involving an injury (or potential injury)
      • sexual misconduct or sexual offence allegations.
    5. For all other employees the process follows the requirements set out at 1.1.
  3. Context
    1. The department has responsibility to deal appropriately and expediently with the small number of employees whose conduct or work performance is not satisfactory.
    2. When addressing misconduct and performance issues the department seeks to:
      • ensure the safety and protection of children as the paramount consideration
      • maintain appropriate standards of conduct and work related performance for employees
      • protect and enhance the integrity and reputation of the Teaching Service and Public Service
      • ensure that the public interest is protected.
  4. Responsibilities and delegations
    1. Principals and workplace Managers are responsible for managing lower-level misconduct where an investigation is not warranted and addressing employees' performance issues. Principals and workplace Managers should be fair, timely and transparent in their approach.
    2. Delegations on managing misconduct and performance issues under the accompanying guidelines are published under the administrative delegations.
  5. Monitoring and review
    1. The Executive Director, Professional and Ethical Standards is responsible for monitoring the implementation of this policy and reviewing its effectiveness every three years, or sooner if necessary.
  6. Contact
    1. Executive Director, Performance and Ethical Standards
      PES@det.nsw.edu.au
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