Professional Conduct Guidelines - B. Misconduct, October 2006

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• During any interview or inquiry that may be held in relation to the allegation, the employee may be represented by a solicitor, barrister or agent. All steps in the process are to be completed in a timely and expeditious fashion. 3 Delegation - Chief Executive The Chief Executive is to deal with alleged misconduct by an employee. The Chief Executive may delegate the function to deal with allegations of misconduct as a disciplinary matter. In delegating the authority to deal with a disciplinary matter, the entire function including the tasks of determining whether the employee has engaged in misconduct and that of imposing the relevant disciplinary action or otherwise, should be delegated to the same person. In these guidelines, a reference to the ‘Chief Executive’ is to be read as to include a delegate. 4 Timeframes The disciplinary process is to be complied within a timely and expeditious fashion. As a guide only, uncomplicated matters should generally be concluded after 10 to 12 weeks from when the Chief Executive receives the initial allegation. Irrespective of the complexity of the matter, after 12 weeks from the receipt of the allegation, the Chief Executive is to advise the employee the subject of the allegation/s in writing, (see Sample letter 10) of the anticipated time for the current stage to conclude and outline the reasons for any delays to date or anticipated delays. Reasons for a delay may include: • the complexity of the matter • exceptional circumstances • a request for delay by an external investigating authority • availability of the employee. Similar advice is to be sent each subsequent 6 weeks after the first advice (see Sample letter 11). 5 Terminology Disciplinary action means the penalty options defined at section 15(1) of the Regulation, namely, any one or more of the following: 2
• dismissal from the Ambulance Service, • directing the employee to resign, or to be allowed to resign, from the Ambulance Service within a specified time, if the employee is on probation— annulment of the employee’s appointment, • except in the case of a senior executive officer—reduction of the employee’s classification or position, • a caution or reprimand. Disciplinary process means the process by which allegations of misconduct are dealt with as a disciplinary matter. Remedial action means the options defined at section 15(1) of the Regulation to deal with an allegation of misconduct as a remedial matter, namely: • counselling, • training and development, • monitoring the employee’s conduct or performance, • implementing a performance improvement plan, • the issuing of a warning to the employee that certain conduct is unacceptable or that the employee’s performance is not satisfactory, • transferring the employee to another position in the Ambulance Service that does not involve a reduction of the employee’s classification or position, • any other action of a similar nature. The “remedial” process means to adopt the remedial method with respect to the management of the matter, and to deal it by utilising one of the above outcomes. Unsatisfactory professional conduct in relation to an ambulance officer includes any of the following ( Clause 15 , Part 3 ) • any conduct that demonstrates that the knowledge, skill or judgment possessed, or care exercised, by the ambulance officer in clinical practice is significantly below the standard reasonably expected of an ambulance officer of an equivalent level of training or experience • the ambulance officer’s failure without reasonable excuse to comply with a direction by the Ambulance Service to provide information with respect to a complaint under Part 3 of the Ambulance Services Regulation 2005 against the ambulance officer • any other improper or unethical conduct relating to the ambulance officer. 6 <strong>Misconduct</strong> <strong>Misconduct</strong> is specifically defined in the Regulation to include, but not be limited to the following: 3
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Professional Conduct Guidelines - B. Misconduct, October 2006

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