Staff Conduct and Discipline Policy

A breach of discipline occurs when an employee:

• disobeys or disregards a lawful order;
• contravenes any section of the Public Sector Management Act 1994;
• contravenes any public sector standard or code of ethics;
• commits an act of misconduct;
• is negligent or careless in the performance of his or her functions;
• commits an act of victimisation pursuant to section 15 of the Public Interest Disclosure Act 2003 (WA);
• contravenes any section of the School Education Act 1999 (WA) applicable to the employee; or 
• breaches the Department’s Code of Conduct.

An expression of dissatisfaction with an aspect of Government education made to the Department by any person other than a staff member unless the complaint relates to the staff member’s child and the child is a student at a public School, as prescribed under section 55(2)(c) of the School Education Regulations 2000 (WA). It may be general in nature and relate to matters including, but not limited to:

• The provision of education services or a process;
• The actions or behaviour (conduct) of a staff member (including a staff member involved in regulatory services supported by the Department), contractor or volunteer;
• The application or appropriateness of a policy, practice or procedure; or
• A decision by a staff member, contractor or volunteer, or a business area of the Department.

Corruption has the meaning of the term ‘misconduct’ as defined under section 4 of the Corruption, Crime and Misconduct Act 2003 (WA). Corruption occurs if a public officer corruptly acts or fails to act in the performance of their functions of employment; or corruptly takes advantage of their employment to obtain a benefit for themselves or another, or cause a detriment to another; or commits an offence connected to their official capacity. It also includes conduct that is not honest or impartial, amounts to a breach of trust, or involves misuse of Department information or assets and constitutes a breach of discipline that could result in termination of employment.

Misconduct has the same meaning as corruption. 

A report by a staff member regarding the conduct or decision of a staff member, contractor, volunteer, or a business area of the Department. 

A notification does not include any matter that should be managed under another relevant Department framework or policy such as the Department’s Grievance Framework, Occupational Safety and Health policy, Employee Performance policy, Equal Opportunity, Discrimination and Harassment policy or Bullying in the Workplace policy.

Children and Community Services Act 2004 (WA)

Corruption, Crime and Misconduct Act 2003 (WA)

Disability Services Act 1993 (WA)

Disability Standards for Education 2005 (Cth)

Equal Opportunity Act 1984 (WA)

Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Parliamentary Commissioner Act 1971 (WA)

Public Interest Disclosure Act 2003 (WA)

Public Sector Management Act 1994 (WA)

Public Sector Management Regulations 1994 (WA)

Racial Discrimination Act 1975 (Cth)

School Education Act 1999 (WA)

School Education (Student Residential Colleges) Regulations 2017 (WA)

State Records Act 2000 (WA)

Teacher Registration Act 2012

Working with Children (Criminal Record Checking) Act 2004 (WA)

Working with Children (Criminal Recording Checking) Regulations 2005 (WA)

Bullying in the Workplace

Child Protection in Department of Education Sites

Complaints and Notifications

Equal Opportunity, Discrimination and Harassment

Records Management

Telecommunications Use

Working with Children Checks in Department of Education Sites

 

Code of Conduct and Standards (staff only)     

Commissioner’s Instructions

Commissioner’s Instructions No. 3: Discipline - general

Commissioner's Instruction No. 7: Code of Ethics

Complaints and Notifications Categorisation Schedule

National Principles for Child Safe Organisations (2019) (Cth)

Public Interest Disclosure Guidelines