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Guidelines for Reporting Misconduct & Official Misconduct
from WorkCover Claims, Workplace Health & Safety
Incident Report Forms or QSuper Applications
It is a requirement under the department’s Code of Conduct that all allegations of official
misconduct and all suspected reportable breaches of the department’s code of conduct
(misconduct) are reported. It is the role of Ethical Standards to coordinate the investigations
into reported allegations of misconduct and official misconduct, however there is some
capacity for regions to investigate allegations of misconduct locally.
These guidelines have been developed to provide a suggested process for regions to
manage documented allegations of misconduct or official misconduct identified through the
following source documents:
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WorkCover Application Form
Employee’s Statement to WorkCover (either claimant’s statement or witness
statements)
WorkCover Statement of Reasons
Q-COMP Review Decision
Industrial Magistrate or Industrial Commission Decision relating to Workers’
Compensation Claims
Workplace Health & Safety Incident Report Form
QSuper Application Form
Application for Leave
Doctors Reports
These guidelines do not relate to allegations made verbally to a Senior Injury Management
Consultant, Employee Advisor or other Human Resource employee.
The benefits arising from reporting documented allegations of misconduct or official
misconduct are:
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Ensuring that all allegations, regardless of the source documents, are dealt with
appropriately.
Ensuring the quick resolution of allegations that are substantiated and may prevent
the lodgement of additional WorkCover claims and grievances.
Being better placed to defend a WorkCover claim where allegations are not able to be
substantiated.
Considering improvements and enhancements to current policies and practices, by
learning from the outcomes of these investigations.
What is Official Misconduct and Misconduct
Official Misconduct
Official Misconduct is defined by the department’s Code of Conduct as conduct that could, if
proved, be a criminal offence, or a disciplinary breach providing reasonable grounds for
terminating the person's services, if the person is or were the holder of an appointment.
Misconduct
Misconduct is defined by the department’s Code of Conduct as disgraceful or improper
conduct in an official capacity; or disgraceful or improper conduct in a private capacity that
reflects seriously and adversely on the public service.
Examples of Allegations That Should be Reported to Ethical Standards:
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An employee lodges a claim for a psychological injury alleging sexual harassment by
another employee.
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An employee lodges a claim for physical injuries arising from a car accident in which
they were the driver. The Police have advised that they have charged the employee
with driving under the influence of drugs or alcohol at the time of the accident.
An employee lodges a claim as a result of injuries arising from being physically
harassed by another employee. This harassment may include being shoved,
punched, kicked or having an object thrown at them.
An employee lodges a claim for a psychological injury alleging bullying and
harassment by another employee.
Suggested Process
(Prior to a WorkCover Decision or via other Departmental Documents)
STEP 1
A regional officer becomes aware of an allegation of official misconduct or
misconduct via one of the following documents:
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STEP 2
WorkCover Application form
Employee’s statement to WorkCover (either claimant’s statement
or witness statements)
Workplace Health & Safety Incident Report Form
QSuper application form
Application for Leave
The region determines whether the allegation should be reported to Ethical
Standards.
A) Allegation of Official Misconduct: If the allegation relates to a suspected
case of official misconduct this must be reported to Ethical Standards.
B) Allegation of Misconduct: If the allegations relate to misconduct, the
regional HR Team determine whether the allegations are significant
enough to warrant the referral of the complaint to Ethical Standards. This
may involve the region undertaking informal inquiries into the complaint to
determine if there is any substance to the allegation, or if the alleged
breach of the code of conduct is minor.
If you are unsure whether an allegation should be referred to Ethical
Standards, it is recommended that the region contact Ethical Standards to
discuss the allegations, or refer the allegation to Ethical Standards and let
them decide whether the allegations warrant further consideration.
STEP 3
If the decision is made not to refer the allegations to the Ethical Standards
as the allegations are minor and will not result in disciplinary action or the
region believes the allegation may not be able to be substantiated, no
further action is taken unless the allegations arose in the course of a
WorkCover claim.
It is important that you document any inquiries done (e.g. details of phone
calls) and the regions reasons for deciding not to refer the allegation to
Ethical Standards.
If the region became aware of the allegations during the investigation of a
WorkCover claim, Ethical Standards MUST be advised if a decision is
made by WorkCover or Q-COMP to accept the claim (see suggested
approach for accepted WorkCover claims).
STEP 4
If the decision is made to refer the allegations to Ethical Standards the
region completes a memo to the Director, Ethical Standards. [Use
template 1 for this purpose]. Attached to this memo should be any
documents that may need to be considered by Ethical Standards when
considering the allegation (e.g. copy of WorkCover application form).
STEP 5
Director, Ethical Standards reviews the allegation and determines the
appropriate actions. This may include:
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Referral back to the school to manage the issue at a local level
with no requirement for any further reporting to Ethical Standards
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A request for the school to manage the issue and provide
notification to Ethical Standards of the outcome
Referral to the district or the region for investigation with Terms of
Reference determined by Ethical Standards
Investigated by Ethical Standards staff
Referral to CMC or the Queensland Police Service.
If it is identified that disciplinary action may be required following an
investigation, the case is referred to the Director, Education Workforce
Relations for consideration as to the appropriate disciplinary action to be
taken.
Example 1 – Decision to Refer an Allegation to Ethical Standards
An employee lodges a WorkCover claim for a psychological injury. On the application form
the employee alleges that the cause of their injury is sexual harassment by another
employee. The region considers the allegation and discusses this with the Principal/Manager
of the Workplace. The Principal/Manager is unaware of these allegations, however cannot
confirm that this did not occur. The region determines that Ethical Standards will be notified
to determine the appropriate course of action.
Example 2 – Decision not to Refer an Allegation to Ethical Standards
An employee lodges a WorkCover claim for a psychological injury. On the application form
the employee alleges that the cause of their injury is due to bullying or harassment by their
Supervisor as they were subjected to an unwarranted performance management process.
The region contacts the Supervisor and discusses the allegation of harassment. The
Supervisor advises that this is an employee they have just commenced a managing
unsatisfactory performance process with and that they have followed the departments policies
in this area. The region determine that this allegation of harassment may not be
substantiated, therefore determine not to notify Ethical Standards at this time (note – if this
claim was accepted by WorkCover or Q-COMP Ethical Standards MUST be notified).
Suggested Process
(WorkCover Accepted – Ethical Standards not Previously Advised)
STEP 1
WorkCover or Q-Comp advise the department that a claim will be
accepted. The region determines that the reason for WorkCover or QComp accepting the claim may relate to misconduct or official misconduct
by an employee. This will generally relate to decisions by WorkCover to
accept a claim due to unreasonable management action.
STEP 2
The region obtains as much information as possible from WorkCover
about the decision. This may be done through:
STEP 3
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The WorkCover Employer Release Scheme - there are no costs
associated with accessing information this Scheme; or
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With the employee’s documented consent – there are no costs
associated with accessing information via this means; or
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FOI – Costs for a FOI request are a $35.25 application fee and
then 20c per page. Costs associated with this request are borne
by the region.
The region completes a memo to the Director, Ethical Standards advising
of the outcome of the WorkCover claim and attaching relevant
documentation. [Use template 2 for this purpose].
If there is a delay in obtaining supporting information from WorkCover (e.g.
if the information is requested via FOI) the memo should be sent to the
Director, Ethical Standards without this information. The memo should
detail the alleged breach, advise what information has been requested and
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the approximate timeframe for receipt of this information. Once the
information is received this should be sent to the Director, Ethical
Standards.
STEP 4
Director, Ethical Standards reviews allegation and determines the
appropriate actions. This may include:
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Referral back to the school to manage the issue at a local level
with no requirement for any further reporting to Ethical Standards
A request for the school to manage the issue and provide
notification to Ethical Standards of the outcome
Referral to the district or the region for investigation with Terms of
Reference determined by Ethical Standards
Investigated by Ethical Standards staff
Referral to CMC or the Queensland Police Service
If it is identified that disciplinary action may be required following an
investigation, the case is referred to the Director, Education Workforce
Relations for consideration as to the appropriate disciplinary action to be
taken.
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