ALLEGATIONS OF FRAUD AND CRIMINAL BEHAVIOUR BY
DEPARTMENTAL EMPLOYEES
Purpose
This policy document describes the steps the Department of the Environment (the
Department) will take when allegations are received that an employee of the Department, in
connection with their Australian Public Service (APS) employment, may be or has engaged in
conduct which could be in contravention of criminal law.
Relationship to other Department Policies
To obtain a full picture of your responsibilities and rights under the department’s Conduct and
Ethical Behaviour Framework, this policy document should be read in conjunction with related
Chief Executive Instructions (CEI’s), departmental Instructions and departmental policy
documents available on the Intranet including:

Code of Conduct Guidelines

Workplace Respect Policy

Public Interest Disclosure Procedures

Procedures for Suspected Breaches of the APS Code of Conduct
Application
These procedures apply to all ongoing and non ongoing employees of the Department of the
Environment and uses the terms 'employee', 'employees', 'colleague' or 'colleagues' to cover
all ongoing and non ongoing employees. This includes all part time, casual, irregular and
intermittent employees who are employed by the Department under section 22 of the Public
Service Act 1999.
Workplace Behaviour and Conduct Unit
The Workplace Behaviour and Conduct Unit (WBCU):

provides assistance to managers and employees with concerns raised about the
workplace conduct and behaviour of departmental employees and supports the
Department's legal and ethical standards of conduct

conducts preliminary inquiries and assessments of allegations made about the
conduct and behaviour of departmental employees and makes recommendations to
the Director, Capability and Performance Section (CPS) and the Primary Delegate
about any further action that may be required in the circumstances

closely liaises with all areas of the Department and other Commonwealth agencies
including the Australian Public Service Commission and the Merit Protection
Commissioner, about APS Code of Conduct and ethical behaviour issues

provides education, guidance and advice to departmental employees and managers
on the APS Code of Conduct, Public Interest Disclosures and Fraud awareness
initiatives to promote integrity in the performance of employees duties, in
departmental processes and procedures and in the use of the Department’s
resources and Information and Communications Technology (ICT) systems

reports on trends and systemic policy, process and/or procedural deficiencies
identified during investigations to positively assist with the Department’s strategic
direction.
Legislation
Allegations of criminal behaviour managed by the WBCU include potential criminal offences
under the following legislation:

Crimes Act 1914;

Criminal Code Act 1995;

Financial Management and Accountability Act 1997
Suspicions or observations of Fraud and/or Criminal Behaviour
All departmental employees have a responsibility to report any suspicions or observations of
potential criminal conduct by a departmental employee without delay to the Workplace
Behaviour and Conduct Unit (WBCU) located in the John Gorton Building, Parkes, Canberra
ACT.
The majority of reports received by the WBCU of possible criminal behaviour are finalised and
closed with the allegations found to be unsubstantiated. However, reporting suspicions or
observations to the WBCU does not mean that an employee is ‘dobbing in’ someone or
wasting the WBCU time.
Reporting all suspicions, no matter how minor, ensures that the Department can protect the
integrity of its employees and its programs and continue to operate in compliance with the
APS Values, Employment Principles, APS Code of Conduct and the Commonwealth Fraud
Control Guidelines.
Reporting Your Suspicions
You must report any suspicions or any knowledge you may have of any potential criminal
conduct by any departmental employee as soon as your suspicions develop and without delay,
to your supervisor or manager, or one of the Authorised Officers appointed under the Public
Interest Disclosure Act 2013.
Authorised Officers are listed in the departmental Public Interest Disclosure Procedures, on
the Code of Conduct and Ethics intranet page as well as on the Department’s website.
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You must also take all care possible to protect the privacy of your colleagues regardless of
your suspicions or you risk civil or criminal liability under the Public Interest Disclosures Act
2013. The information which you provide may well be central to the investigation of your
concerns and you must therefore treat that information as highly sensitive and confidential.
Reports should, wherever possible, contain the following information:

the name, address and telephone number of the person/s reporting the suspicious
behaviour (if they are willing to provide this information)

if the information/allegations were received from another person: the date, time and
place where the allegations were made to you

a brief summary of the allegations and/or the suspicions including relevant names,
dates, times and places, where known and possible.
It is vitally important that employees do not undertake or attempt to undertake any inquiries
into the allegations.
Doubts?
Where you have some suspicions about the conduct of any employee but have doubts about
the foundation of your suspicions, you may wish to first discreetly discuss the matter with the
Workplace Behaviour and Conduct Unit.
Discussion of suspicions with your supervisor/manager or an Authorised Officer may constitute
a disclosure under the Public Interest Disclosure Act 2013.
Workplace Behaviour and Conduct Unit Contact Details
Advice can be sought from the WBCU by telephone, email, letter or in person.
The WBCU has a phone hotline number: 02 – 6274 1116 where employees can leave a brief
message and their contact details.
The WBCU email address is:
 behaviourandconduct@environment.gov.au
Written reports to the WBCU can be sent by internal mail or normal post to:
Workplace Behaviour and Conduct Unit
GPO Box 787
Canberra ACT 2601
It is important to ensure that the envelope is clearly marked ‘Private & Confidential’.
Confidentiality
You must treat all allegations in the strictest confidence or risk civil or criminal liability under
the Public Interest Disclosure Act 2013. It is essential that knowledge of an allegation about
an employee remains confidential.
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If you are in any doubt about which one of your senior managers might have a specific ‘need
to know’, you should only inform either an Authorised Officer or the WBCU about the
allegations. The WBCU will take responsibility for providing procedural advice.
Preliminary Inquiries
The WBCU conducts preliminary inquiries into all allegations of possible criminal conduct by
departmental employees to establish if there are grounds to suspect that a criminal offence
has been committed, is being committed, or is about to be committed.
Allegations which, after initial WBCU assessment, appear to involve potential breaches of the
APS Code of Conduct under the Public Service Act 1999 rather than criminal behaviour, may
be further addressed under the procedures as set out in the policy document Procedures for
Suspected Breaches of the APS Code of Conduct.
Criminal Investigation Process
The Assistant Secretary, People Strategies Branch, will appoint a suitably qualified
Investigator to conduct inquiries into a matter where there are reasonable grounds to suspect
that a criminal offence has been committed, is being committed, or is about to be committed
by a departmental employee, or the circumstances of a particular matter warrants the
commencement of a formal investigation. The Investigator may be an external consultant or
another APS employee.
As soon as practical following the completion of any necessary inquiries by the Investigator,
the employee concerned will be provided with the details of the allegations.
The Investigator will also provide the employee with an opportunity to participate in an
electronically recorded interview to discuss the matter and will inform the employee of their
right to:

decide whether or not they wish to participate in an interview

communicate or attempt to communicate with a friend or relative to inform that person
of their whereabouts

communicate or attempt to communicate with a legal representative

arrange or attempt to arrange for the attendance of one of these persons at the
interview as a non-participating observer.
The employee is entitled to have a person of their choice present during any interview about
the allegations. However, this person will not be entitled to participate in the interview or
advocate for the employee during the interview. Their role is restricted to be simply one of
support. The support person cannot be a person who is or may be either a potential witness,
or is otherwise involved, in any of the matters subject of the interview.
Interviews with employees in these circumstances are electronically recorded. A CD copy of
the interview will be provided to the employee subject of the allegations as soon as practicable
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after the interview and usually within a period of seven days. If a transcript of the interview is
later made the employee subject of the allegations will be provided with a copy of the
transcript.
At the completion of the interview, the employee will be advised of the next steps that will be
taken, if any are proposed.
All interviews with employees conducted by the Investigator will take place in a suitably private
office either at the WBCU office, the employee's location or at another mutually agreed and
appropriate location.
Witnesses
A range of departmental employees, other than the employee who is the subject of the
allegations, may be interviewed about their knowledge of or involvement in matters relating to
the investigation. A formal statement of the employee’s knowledge of matters relevant to the
investigation may be required at some stage during the investigation process.
Employees who become aware of allegations made about another employee must maintain
that knowledge in the strictest confidence to protect the integrity of any ongoing or potential
investigation of the matter as well as in the protection of the privacy of their colleagues.
Employees interviewed about allegations involving another employee will be reminded of their
obligations and responsibilities in this regard by the WBCU and/or the Investigator.
External Agency Referrals
In some circumstances, and in accordance with the provisions of the Commonwealth Fraud
Control Guidelines, the matter of concern may be required to be referred to the Australian
Federal Police (AFP), or to another external agency or law enforcement body.
When allegations are referred to an external agency, the WBCU liaises with the agency to
provide all assistance necessary as required.
APS Code of Conduct
If a departmental employee is required to face criminal charges before a court of law as a
result of an investigation, a separate process may be commenced in relation to any associated
potential breaches of the APS Code of Conduct.
The procedures utilised in those circumstances will be those established by the Agency Head
under section 15(3) of the Public Service Act 1999 as detailed in the Procedures for
Suspected Breaches of the APS Code of Conduct available on the Code of Conduct and
Ethics intranet page.
Suspension from Duties
The Public Service Regulations 1999 provide that an Agency Head may suspend an APS
employee if, on reasonable grounds, the Agency Head believes:
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

the employee has, or may have breached the Code of Conduct
suspension is in the public, or the agency’s, interest.
A Delegate of the Secretary may give consideration to suspending an employee from duties,
with or without remuneration or temporarily transferring the employee to another area of the
Department, either prior to or after the commencement of the criminal prosecution process or
a formal Code of Conduct process.
Criminal Charges Unrelated to Employment
Departmental employees must immediately advise their Executive Level manager, or higher,
in writing, if they are required to appear in a court of law as a result of being charged with a
criminal offence in their private capacity as a result of any non work related issues.
The employee’s manager must then advise the WBCU of the employee’s criminal charges
and their appearance in a court of law without delay.
The WBCU will follow the procedures outlined in the Procedures for Suspected Breaches of
the APS Code of Conduct to determine whether the employee may have potentially breached
the APS Code of Conduct and if so, whether a formal misconduct process may be required.
Need More Advice?
More advice concerning these procedures and other workplace conflict and ethical dilemma
situations can be obtained by contacting the Workplace Behaviour and Conduct Unit on:



their Hotline number: (02) 6274 1116
via email at: behaviourandconduct@environment.gov.au
or by normal mail marked ‘Private and Confidential’ addressed to:
Workplace Behaviour and Conduct Unit
GPO Box 787
Canberra ACT 2601
These procedures for dealing with allegations of Fraud and/or other conduct in potential
contravention of criminal law by an employee in connection with their APS employment have
been established by me in accordance with the statutory requirements as contained within
the ‘Commonwealth Fraud Control Guidelines’. All employees are required to comply with
this policy.
Malcolm Thompson
Acting Secretary
Department of the Environment
January 2014
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Revision History
Date
Version
10.12.2010
1.0
21.03.2011
18.04.2011
2.0
3.0
July 2011
4.0
26.9.2011
5.0
2.11.2011
5.0
3.11.2011
.6.2013
5.0
6.0
13.01.2014
7.0
Description
Document Creation and Draft
for consultation
Draft for DCC consultation
Intranet Draft for all staff
consultation
Draft for Senior Executive
review
Redraft for Senior Executive
review incorporating Deputy
Secretary’s comments
Final for Secretary’s approval
Final
Draft for Senior Executive
Review due to legislative
changes and structural
changes.
Final due to legislative
changes
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Approved
Carl Murphy
Carl Murphy
Carl Murphy
Carl Murphy
Michelle Wicks
Michelle Wicks/Malcolm
Thompson
Secretary – Dr Paul Grimes
Michelle Wicks
Malcolm Thompson