The Public Service Act 2008 (PS Act) requires disciplinary processes to comply with the PS Act, this directive and the principles of natural justice.
The PS Act requires the Commission Chief Executive to make a directive about disciplinary action.
The purpose of this directive is to:
- outline the process for managing disciplinary action under the PS Act, including how natural justice requirements may be met
- provide for periodic reviews of disciplinary action being considered or undertaken, including the period within which reviews must be conducted, to ensure timely resolution of disciplinary matters
- outline the circumstances in which a contravention of section 187(1)(g) of the PS Act is likely to be considered sufficiently serious to warrant disciplinary action.
What has changed in this directive?
|What’s new?||Previous directive|
|Separation of discipline pathways for matters relating to performance and conduct, with a new ground for discipline.||There is no corresponding previous directive and no similar requirements in the previous discipline guideline.|
|Mandatory internal and external timeframe review periods built in for discipline processes, and the ability for an employee to request an external review where conditions are met.|
|Requirement that conduct which leads to a discipline process be considered sufficiently serious.|