The disciplinary process set out in Part 5 of the Public Sector Management Act 1994 (PSM Act) is a mechanism to deal with inappropriate behaviour in the workplace. It enables such behaviour to be addressed in an efficient manner and assists in maintaining public confidence and trust in the operations of the agency as the employer.
The Guide to the disciplinary provisions contained in Part 5 of the PSM Act applies to disciplinary matters involving the following categories of employees:
- public service officers (persons appointed under Part 3 of the PSM Act);
- ministerial officers (persons appointed under Part 4 of the PSM Act); and
- teaching and certain other staff as provided for in section 239 of the School Education Act 1999.
The Commissioner’s instructions, Discipline – General and Discipline – Former Employees, outline the minimum procedural requirements to be followed by employing authorities when dealing with suspected breaches of discipline or disciplinary matters and taking disciplinary action under Part 5 of the PSM Act. These Instructions should be considered carefully along with Part 5 of the PSM Act.
Disciplinary investigations under Part 5 of the PSM Act – A guide for agencies provides further general information on conducting disciplinary investigations. It should be noted that this resource is a guide only and in no way prescriptive or binding. Agencies should also be aware of the requirement set out in section 82A(1) of the PSM Act to minimise formality and technicality when dealing with disciplinary matters, subject to the requirements of Part 5, the Commissioner’s instructions and the circumstances of the matter.
For more information contact the Advisory Line on (08) 6552 8888.
Page last updated 11 June 2018