• Section 1 -  Introduction / Background
• Section 2 - Scope / Purpose
• Section 3 - Investigation
• Section 4 - Upon the Completion of the Investigation
• Misconduct has not Occurred
• Preliminary Opinion that Misconduct has Occurred
• Finding that Misconduct has not Occurred
• Finding that Misconduct has Occurred
• Section 5 - Recommendation to Terminate employment
• Section 6 - Roles and Responsibilities

Section 1 -  Introduction / Background

(1) These Guidelines are to be used in cases of possible misconduct.  Where there is an ongoing or serious concern regarding an instance of possible misconduct, the Supervisor is required to consult with the People and Culture Division.

(2) Should a staff member be required to attend any formal meeting as provided for under these Guidelines they will be advised of details of the meeting including the purpose of the discussion, provided with access to a copy of these Guidelines and their right to seek the advice or assistance of a professional staff representative i.e. a professional staff member, CPSU or NTEU representative).

Section 2 - Scope / Purpose

(3) A professional staff member engages in misconduct where:

1. The staff member conducts themself in a way which is inconsistent with their duties to the University; or
2. The staff member conducts themself in a way which is fundamentally inconsistent with an essential condition of the staff member’s contract of employment including breaching University policy.

Section 3 - Investigation

(4) Misconduct may include but is not limited to:

1. fighting or other harm (or the threat of);
2. failure to comply with safety requirements and work safely;
3. theft or fraud; damage to or misuse of University property, assets or systems;
4. sexual harassment or other discrimination;
5. not adhering to the University policy which includes the policy on alcohol and drugs and the  University Code of Conduct;
6. absenteeism or failure to remain at assigned work locations without reasonable explanation;
7. abuse or other disruptive behaviour;
8. negligence;
9. refusal to carry out reasonable instructions; or
10. falsification of records or other dishonesty. 

(5) For an isolated incidence of misconduct of a minor nature guidance and counselling should be considered initially before determining whether the matter is referred to the Chief People and Culture Officer.

(6) Where a matter relates to the performance of the job, it should be dealt with under the Professional Services Staff Unsatisfactory Performance Guideline.

(7) Where an allegation is made that a staff member has committed misconduct, then:

1. the matter is to be referred to the Chief People and Culture Officer or nominee as soon as possible;
2. where the Chief People and Culture Officer or nominated manager from People and Culture Division (nominee) forms the opinion that an investigation is warranted, then they or their nominee are to take steps to advise the staff member of the allegation and conduct an investigation into the allegation as soon as is reasonably practical.  The person conducting the investigation is to be independent from the allegations and have no conflict of interest;
3. the Chief People and Culture Officer or nominee may decide to suspend the staff member whilst the investigation is being conducted provided that the professional staff member will be paid during this period as though they were at work unless the Chief People and Culture Officer or nominee is of the view that the alleged conduct amounts to conduct of a kind envisaged in Section 123(1)(b) of the Fair Work Act 2009 and Regulation 1.07 (as amended) such that it would be unreasonable to require the University to continue employment during a period of notice, in which case the staff member may be summarily dismissed;
4. such a suspension shall not prejudice the staff member in relation to the allegation.

Section 4 - Upon the Completion of the Investigation

Misconduct has not Occurred

(8) If the Chief People and Culture Officer or nominee forms the opinion that no misconduct has occurred the staff member is to be notified in writing as soon as practicable.

Preliminary Opinion that Misconduct has Occurred

(9) If the Chief People and Culture Officer or nominee forms a preliminary opinion that the staff member has committed misconduct then the Chief People and Culture Officer or nominee is to inform the staff member of this opinion and provide the staff member with such information, documents or other material which the Chief People and Culture Officer or nominee has taken into account in forming the opinion.

(10) The staff member is to be given a reasonable opportunity to consider the information and/or review this material and provide a response to the Chief People and Culture Officer or nominee in regard to the preliminary opinion. Such an opportunity is to be provided within 5 working days of the advice being given to the staff member, provided that where a case is made because of exceptional circumstances a longer period  may be granted; and

(11) The Chief People and Culture Officer or nominee is to consider the staff member’s response in good faith before making any final decision as to whether misconduct has occurred.  Any mitigating circumstances including factors beyond the staff member’s control will be taken into consideration.

Finding that Misconduct has not Occurred

(12) If, following consideration of the staff member’s response, the Chief People and Culture Officer or nominee determines that misconduct has not occurred, then the staff member will be notified in writing that, in view of the staff member’s response, no misconduct has been found to occur, or, if misconduct has occurred but there were mitigating circumstances, the staff member will be so advised.

Finding that Misconduct has Occurred

(13) If, following consideration of the staff member’s response, the Chief People and Culture Officer or nominee determines that misconduct has occurred, then they may do any one or more of the following:

1. notify the staff member that although misconduct has been found to occur, in the circumstances no disciplinary action is appropriate; or
2. give the staff member a written warning or where warranted a final written warning in relation to the conduct. 

(14) In either of the circumstances outlined above, guidance, counselling or other appropriate action may be required.

1. Recommend to the Vice-President Operations (VPO) that the professional staff member’s employment be terminated, with or without notice, as the circumstances might warrant

Section 5 - Recommendation to Terminate employment

(15) Where the VPO receives a recommendation to terminate the staff member’s employment under clause 14(a), the VPO is to give the staff member a final opportunity to meet with the VPO prior to making any decision to terminate the staff member’s employment with the period of notice required under the staff member’s relevant employment agreement provided that the VPO may terminate without notice where the conduct is of a kind envisaged in Section 123(1)(b) of the Fair Work Act 2009 and Regulation 07 (as amended).

Section 6 - Roles and Responsibilities

(16) Roles and responsibilities are as detailed in this Guideline.