1. AH and SOH Complaints [Attachment C]
- The volume of material provided in support of an allegation is not
necessarily indicative of sufficient detail being provided.
• Consider whether the complainant has provided evidence in support of their
claim—while this is not required in order for an al egation to be considered, it can
be helpful in informing a decision about whether an inquiry is warranted.
c. Does the al egation refer to specific decisions or actions by the agency head?
• Is the al egation about the personal behaviour of the agency head,
rather than the policy, strategy, nature, scope, resources or direction
of the APS or an agency?
- Consider this in the same way you might consider whether an
allegation relates to the personal behaviour of an APS
employee.
d. Does the al egation identify conduct which, if proven, would constitute a breach of
the Code of Conduct?
• To what extent does the al eged behaviour map onto any element of
the Code of Conduct? Is there any evidence of a prima facie breach?
• Consider whether, if the al egation is found to be true, it would
amount to a breach of at least one element of the Code.
e. Does the allegation relate to a decision properly taken, or a policy properly
adopted, by the agency head with which the person making the al egation disagrees?
•
Does the allegation relate to policy or decisions that are properly the
agency head’s to make and enforce, and/or are consistent with
government policy?
• Consider whether a decision or policy (that is the subject of the
complaint) is consistent with legislation and the agency’s functions,
is logically coherent, and is consistent with the agency head’s
employer powers.
f. Is the cost of conducting an inquiry justified in the circumstances?
• Would the financial and resource outlay be proportionate to the
magnitude of the suspected misconduct? How might a reasonable
member of the public view the decision to conduct or not conduct an
investigation on the basis of its cost?
• Consider whether the matter should be investigated in the context
of the potential impact on public confidence in public administration.
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