Managing a code of conduct investigation

Who should attend

HR managers who are responsible for advising their executive on the instigation of Code of Conduct investigations, for identifying and briefing a suitable investigator, case managing the investigation process, supporting decision-makers who determine whether breach of the Code of Conduct has occurred and delegates with responsibility for considering suspension from duty or application of sanctions, and providing advice to affected employees about their rights and responsibilities in connection with Code of Conduct investigations.

The course may also be beneficial for people performing roles in disciplinary regimes other than that established under the Public Service Act 1999.

Endorsement

The Australian Public Service Commission, which is committed to supporting agencies to raise the quality of Code of Conduct investigations across the APS, has endorsed the aims and content of this course.

Course outline and objectives

The course will explore:

• applicable law, including discussion of changes to the law arising from the commencement on 1 July 2013 of the Public Service Amendment Act 2013
• the roles of investigator, breach decision-maker, sanction delegate, suspension delegate and others who may be involved in misconduct processes
• when to institute a Code of Conduct investigation and when to apply other options to address behavioural concerns
• the information required to determine a breach of the Code of Conduct and the decision-making process
• why information relevant to applying a sanction is usually different to information relevant to determining breach
• how to handle the employees who are under investigation, their managers, the witnesses, support people and employee representatives
• the legal risks inherent in making conduct-related decisions and employees' rights of review
• privacy considerations and the extent to which conduct records can be used for other employment purposes.

We allow plenty of time for open discussion about issues of particular concern. For example, we may discuss recent case law on the use of social media in connection with employment or how to approach cases where there is a medical issue.

Presenters

Our presenters are AGS lawyers who have a great depth of knowledge of the government environment and who practise extensively in the areas of employment law.