Emergency notice

This policy is current as at 08/07/2020 12:34pm, AEST. Please refer to policy library website (https://education.nsw.gov.au/policy-library) for an updated version.

Management of Conduct and Performance

This policy addresses the management of misconduct and unsatisfactory performance for department employees.

  1. Policy statement
    1. When managing misconduct and unsatisfactory performance for all employees the process should:
      • manage risk to all parties, with the protection of children the paramount consideration
      • be procedurally fair and timely
      • provide the opportunity to respond to matters raised about an employee where an adverse finding is contemplated.
    2. Workplace managers should respond to cases of lower-level misconduct, where investigation is not warranted. Measures may include but are not limited to, providing guidance/advice, mentoring, addressing a complaint, training and providing a written direction.
    3. Before beginning a performance improvement program, workplace managers must ensure they have communicated and clarified performance concerns with the employee, and provided support to address the identified concerns.
    4. Workplace managers undertake performance review processes in line with relevant improvement program procedures. The Employee Performance and Conduct directorate will review these processes.
    5. Workplace managers must apply discipline or performance review processes consistently without bias, and consider each case on its merits. They must conduct investigations and performance processes fairly, transparently and in a timely manner.
    6. The approach taken will depend on the nature and seriousness of the issue. A delegated director from the Employee Performance and Conduct directorate will assess each matter and make a considered decision about whether remedial or disciplinary action is necessary.
  2. Audience and applicability
    1. The Guidelines for the Management of Conduct and Performance (PDF 1509.6KB) apply to all permanent officers and employees of the department employed under the following legislation:
      • Teaching Service Act 1980
      • Education (Staff Administrative and Support Staff) Act 1987.
    2. The guidelines extend to temporary employees, under these employment Acts, in the following circumstances:
      • where an employee is charged with a serious offence
      • where an employee is charged with and/or convicted of serious sex offences, or offences against children that would mean they are prohibited from engaging in child-related work.
    3. The Government Sector Employment Act 2013 and associated rules set out the legislative framework for managing unsatisfactory performance and misconduct by a person employed under that Act.
    4. For all other employees the process follows the requirements set out at 1.1.
  3. Context
    1. The department has responsibility to deal appropriately and expediently with the small number of employees whose conduct or work performance is not satisfactory.
    2. When addressing misconduct and performance issues the department seeks to:
      • ensure the safety and protection of children as the paramount consideration
      • maintain appropriate standards of conduct and work related performance for employees
      • protect and enhance employees’ integrity and reputation
      • ensure that the public interest is protected.
  4. Responsibilities and delegations
    1. Workplace Managers are responsible for managing lower-level misconduct where an investigation is not warranted and addressing employees’ performance issues. Workplace Managers should be fair, timely and transparent in their approach.
    2. Delegations on managing misconduct and performance issues under the accompanying guidelines are published under the administrative delegations.
  5. Monitoring and review
    1. The Employee Performance and Conduct directorate is responsible for monitoring the implementation of this policy and reviewing its effectiveness every three years.
  6. Contact
    1. Employee Performance and Conduct directorate
      02 7814 3722

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