Disciplinary Policy & Process Flashcards
What must Police, employees and their representatives do in ‘Good Faith’ when engaging with each other? (3)
Clue: OHR,RC,AC
- engage openly honestly and respectfully
- responsive and communicative
- active and constructive (maintaining relationship)
How must police conduct a disciplinary process? (10)
Clue: fair, reason, notify, details, advise,reponse, consider, notify, outcomes, ensure
- fairly and reasonably
- only when good reason to
- notify employee(s)-unless exceptional circumstances
- Provide details of specific allegations
- advise rights
- reasonable opportunity to respond
- consider explanation
- notify of outcome
- outcomes are proportionate
- ensure privacy
If undergoing an employment diciplinary process, when should an employee be put on restricted duties, suspended or stood down? (2)
- There is risk in allowing them to continue current duties
- necessary and appropriate to remove employee
(seek HR adivce before doing this)
What are the nine steps for the ‘Disciplinary Process Guidelines?’ (9)
Clue: IA,C,C&EI,RD,DA,IS,I&IM,D,O
- Initial Assessment
- Categorisation -HR, Professional Conduct team
- Criminal & Employment investigations (how/when)
- Ristricted duties, suspension, stand down
- Drafting Allegations -disclosure
- Investigation-Initial steps
- Investigation & Investigation meeting
- Making decision
- Outcomes
What are the five considerations when doing an initial assessment for a potenital disciplinary matter? (5)
Clue: S,S,B,IC,NS
- Any substance/need more infomation
- Speak/notify employee? (or others)
- Breach? (CoC, policy, employment agreement)
- What info available for consideration?
- appropriate next steps?
What are the three possible pathways to come out of the ‘Initial Assessment?’
- No conduct or performance concerns
- Potential misconduct/serious misconduct
- Performance issue
What is the role of those catagorising a potential disciplinary matter? (3)
Clue: review, determined, detail
- Review all information
- Determined if investigation needed (may be ready to go straight to disciplinary meeting)
- Detail clear allegations
When ‘Categorising’ a disciplinary matter, what four types of matters are considered?
Clue: #1. Internally Identified,C,I,TM
Internally identified
Complaints causing concern
IPCA s.13 (Notificable incidents)
Significant traffic matters
Disciplinary Process
What are the four possible outcomes of the ‘Categorisation’ part of the process?
Clue: N,PM,EI,CI
- No further action
- Performance Management
- Employment Invesitgation
- Criminal Investigation
Discipline Process
When a matter leads to both an employment Investigation and a criminal investigation, when can the employment investigation begin?
Aspects of the employment investigation which do not raise issues of ‘self-incrimination’ may proceed where possible.
Disciplinary Process
What four risks need to be considered when considering to impose restricted duties or suspend or stand down an employee during an investigation?
Clue: H,I,I,G
- Health & safety risk (self/others)
- Interfer with Investigation risk
- Interfer with normal police operations/police routine
- gravity of alledged conduct (Public Interest)
What is the difference between an employment Investigation and a criminal Investigation when it comes to:
- participation by employee
- disclosure to employee
- time to consider before commenting
- what standard of proof test?
Employment Investigation:
- expectation to participate in good faith
- relevant info to be disclosed
- allow time before commenting
- balance of probability
Criminal Investigation
- no requirement to participate
- don’t necessarily disclose info
- dont need to give time to comment
- beyond resonable doubt
Before an investigation meeting with an employee, what six things should you ensure have occurred?
Clue: N,A,C,R, R, BR
- sufficient notice
- aware of allegations & concerns
- copies of relevant info
- representation/support
- If has Rep, communicate via them
- Book room
Disciplinary Process
Making the decision: After an investigation, who can make the decision to:
- Give Disciplinary Warning
- Dismissal
Warning:
DC or NM (may delegate to Inspector or equivalent.)
Dismissal:
DC or GM: Training, NM Comms, Assist Commissioner or above
(all in consultation with respective manager & HR)
Drafting Allegations: Clearly outlining the allegation to the emnployee is critical to: … (3)
Clue: inform…, explain…, allow…
- fully inform them of concerns about their conduct
- explain why, if true, police would consider conduct unexceptable
- allow them to properly respond to allegation
