DGD13-028
Policy
Underperformance
Policy Statement
ACT Health is committed to ensuring that the underperformance process is managed in
accordance with the provisions of the relevant Health Directorate Enterprise Agreement.
Purpose
The purpose of this policy is to raise awareness among all ACT Health employees of its
underperformance process.
ACT Health’s objectives are to provide advice and support to an employee whose
performance is below the expected standard; and to provide a fair, prompt and transparent
framework to support the action to be taken where an employee continues to perform
below the expected standard. This includes:
 Creating an environment of high work standard;
 Ensuring a high level of positive public opinion towards ACT Health and the ACT
Public Service as a whole;
 Treating seriously, promptly and fairly all cases of underperformance with due regard
to procedural fairness, natural justice, confidentiality and privacy; and
 Creating an awareness and understanding of these objectives.
The aim of the Underperformance Policy is to ensure appropriate management of
underperformance and to maintain public confidence.
Scope
This applies to all ACT Health employees covered by the Health Directorate Enterprise
Agreements, except casual employees.
Roles & Responsibilities
Where advice and support has been provided to an employee and the employee continues
to perform below the expected standard the following roles and responsibilities apply.
The employee will be responsible for:
 ensuring their performance is to an acceptable standard, as agreed to in a written
performance plan; and
 following directions that are issued during the course of an underperformance
matter.
Doc Number
DGD13-028
Issued
July 2013
Review Date
July 2016
Area Responsible
PSSB
Page
1 of 3
DGD13-028
The Manager will be responsible for:
 considering an employee’s performance, as agreed to in a written performance plan;
 discussing the performance and addressing any concerns of underperformance;
 writing to an employee setting out previously discussed issues;
 developing an action plan in consultation with the employee;
 making regular written assessments;
 preparing a final written report, with recommendations to the Director General
(DG)/Delegate; and
 raising relevant issues to People Services and Strategy Branch and/or DG/Delegate.
The Director-General / Delegate will be responsible for:
 advising the employee in writing of the assessment and reasons for the manager's
assessment;
 where a manager is carrying out formal underperformance action, inviting the
employee to have a representative present;
 advising the employee in writing of the action or actions (underperformance action)
proposed to be taken;
 advising the employee in writing that the employee is invited to respond in writing to
the proposed action within a specified period;
 deciding to take one or more of the following underperformance actions under these
procedures:
a) transfer to other duties (at or below current pay);
b) deferral of increment;
c) reduction in incremental point;
d) temporary or permanent reduction in classification and pay; or
e) termination of employment in accordance with the Public Service Management
Act 1994.
 informing the employee in writing of this decision and the appeal mechanisms
available under the relevant agreement;
 taking one or more of the underperformance actions outlined in the information
provided to the employee at any time after seven calendar days from the date of the
notification ;
 referring the matter to the Australian Health Practitioner Regulatory Authority
(AHPRA) if covered by Health Practitioner Regulation National Law Act and if
manager deems necessary; and
 follow up on actions that have been notified.
People Strategy & Services Branch (PSSB) will be responsible for:
 implementing this policy;
 advising managers of the management of the policy;
 advising employees of the details of the policy as it relates to them;
 maintaining records of formally reported underperformance;
 providing a quarterly summary of all formal cases to the Deputy Directors-General
(DDG); and
 assisting and providing advice to managers on any reported matter in accordance
with the relevant Enterprise Agreement.
Evaluation
Doc Number
DGD13-028
Issued
July 2013
Review Date
July 2016
Area Responsible
PSSB
Page
2 of 3
DGD13-028
Outcome Measures
 Instances of underperformance formally reported are managed appropriately and
efficiently.
Method
 PSSB will record all formally reported cases of underperformance by employees.
 Participants (employees/managers) are given the opportunity to evaluate the
underperformance management process in a debriefing session.
 PSSB will provide a quarterly report to the DDGs that will inform them of the
reported cases of underperformance and the outcomes of those cases, along with an
evaluation of the procedure against the provisions in the Enterprise Agreements.
Related Legislation, Policies and Standards
Legislation
Public Sector Management Act 1994
Fair Work Act 2009
Human Rights Act 2004
Health Practitioner Regulation National Law (ACT) Act 2010
Territory Records Act 2002
Health Directorate Enterprise Agreement, 2011 – 2013
Health Directorate (Health Professionals) Enterprise Agreement, 2011 - 2013
Health Directorate (Medical Practitioners) Enterprise Agreement, 2011 – 2013
Health Directorate (Nursing and Midwifery) Enterprise Agreement, 2011 - 2013
Policies
Health Directorate, People Strategy & Services Branch (PSSB) Delegations Manual
Graduate Nurse Program SOP
Graduate Nurse Programs Policy
Women's Health Service - Clinical Supervision and Debriefing for WHS Counselling Staff
Incident Management Policy
Maternity - Graduate Midwife Program
Standards
Public Sector Management Standards 2006
Disclaimer: This document has been developed by ACT Health, Strategy & Corporate/ People Strategy &
Services Branch specifically for its own use. Use of this document and any reliance on the information contained
therein by any third party is at his or her own risk and ACT Health assumes no responsibility whatsoever.
Doc Number
DGD13-028
Issued
July 2013
Review Date
July 2016
Area Responsible
PSSB
Page
3 of 3