Any behaviour or action which may be in breach of this Code will be given full and impartial consideration. If a breach is identified, disciplinary action may be taken.
The Department’s employment agreements and Human Resources Manual describe the procedures for disciplinary action, the primary aim of which
is to correct unacceptable employee behaviour or performance. A copy of the employment agreement that applies to you and the Manual are vailable in your work area. You should make yourself familiar with these procedures so you know what action may be taken if you breach this Code.
If you are unsure of the proper conduct for any situation, or the standards of performance expected of you, or think you might be at risk of breaching the Code, discuss the situation with your manager.
Types of Misconduct
There are two main types of misconduct that may arise:
- misconduct, and
- serious misconduct.
A single instance/occurrence of misconduct would not make an employee liable to be dismissed. For cases of misconduct disciplinary action involves successive warnings before dismissal is considered. But a single instance/occurrence of serious misconduct would make an employee liable for a severe penalty, which could include dismissal without the need for any further warning to be given.
Some examples of misconduct and serious misconduct follow. These supplement the examples given in the Codes of Behaviour section.
These are not complete lists – there may be other behaviours which would be considered as misconduct or serious misconduct.
Also, the seriousness and consequences of any case of misconduct depend on the circumstances in which it occurs. For instance, sleeping on duty, listed as an example of misconduct, would be regarded as serious misconduct if it occurred while on custodial duty. Therefore, the following lists should be used as a guide.
If you are concerned about something you have done, discuss it with your manager.
Examples of Misconduct
The following are some examples:
- sleeping on duty
- unauthorised absence from the workplace during working hours
- absenteeism, abuse of sick leave or incorrect timekeeping
- failure, without reasonable excuse, to report absence due to sickness or emergency to manager within 30 minutes of normal/rostered starting time
- gambling or trading on Department premises or during work hours
- unsuitable dress or presentation for the work to be undertaken
- unsatisfactory work performance
- failure, without good reason, to attend scheduled training
- breach of workplace smoking policy
- borrowing money from a subordinate.
Examples of Serious Misconduct
The following are some examples:
- admitting to or being convicted by a court of law of an offence which would give reasonable doubt as to suitability for continued employment
- illegal possession or consumption of drugs
- violence or threats of violence against offenders or others in the workplace
- threatening, abusive or insulting behaviour to any person in the workplace
- consumption of alcohol to the extent of being unable to perform your duties properly or safely
- dishonesty in the workplace
- giving false information or failing to disclose material information requested when applying for employment with the Department
- an act of negligence or unsafe practice which seriously affects security, safety or health of employees, contractors or members of the public in the workplace
- failure to comply with any of the Department’s safety policies, procedures, operating instructions or rules
- refusal, without reasonable excuse, to perform work assigned, or to obey a lawful order
- walking off the job
- misuse of Department property or funds
- sexual or racial harassment of Department employees, offenders or others in the workplace
- making unauthorised statements to the media or the public about work-related matters
- disclosing official information without authority (“leaking”)
- having a sexual or financial relationship with a person for whom you have custodial or counselling responsibilities
- introducing unauthorised hardware or software to the Department’s computer systems
- intentionally downloading, holding, transmitting, viewing or presenting to any other person any sexual, pornographic, racist or other material from the internet or any other source which is likely to be offensive.
