1. Employee Performance and Conduct
Education
Employee Performance and Conduct
“Navigating the Maze”

2. Key Policies Owned by EPAC
Complaints policy and procedures
Code of Conduct
Responding to Allegations Against Employees in the Area of Child Protection
Guidelines for the Management of Conduct and Performance
Fair Warning, Fair Action
All Improvement Programs
Public Interest Disclosures Policy

3. Who’s Who in the Zoo! Staff Efficiency and Conduct Team
Complaints & Feedback Team
Six Investigation Teams
Two deployed Deputy Principals
One deployed Principal
Two Legal Officers
Disciplinary officers
- Executive Director, EPAC
- Director, Staff Efficiency and Conduct
- Directors, Investigations

4. Role of EPAC
To provide advice about child protection allegations against employees, misconduct matters, issues of poor performance, and complaints management inc FWFA
To conduct investigations of allegations of misconduct against employees
To oversight employee Improvement Programs
To undertake disciplinary and remedial action
To manage Public Interest Disclosures
To undertake required external reporting to ICAC and NSW Ombudsman and OCG

5. Matters not handled by EPAC
School based complaints that are not child protection allegations or misconduct
Grievances between staff
Industrial matters that are not misconduct
Student on student bullying or abuse
Child protection matters that do not involve an allegation against an employee
Reviews of complaints

6. If your school receives a child protection allegation against an employee
Ring EPAC within 24 hours – Duty Investigator
Contact the FACS Helpline if risk of significant harm has been assessed
Contact the police if a criminal offence may have occurred
Ensure the student’s parents are notified as soon as possible

7. If a staff member’s performance is of concern
Contact SECT and speak to an officer well before determining to put the officer on an Improvement Program
Ensure appropriate additional support and guidance has been provided to the officer and has been documented
Ensure clear feedback has been provided to the officer. Do they have a performance and development plan?
If a probationary employee, ensure sound induction as well as additional guidance and support has been provided and documented
Ensure any personal issues that may impact on the officer’s performance have been explored

8. Performance Management Cycle
Plan
Support
Evidence
Feedback

9. If there is an allegation of misconduct (not child protection)
Inform your principal
Principal to contact EPAC and speak to a Duty Investigator
Contact police if the matter could be a criminal matter
Seek advice from the Director, Investigations (EPAC) if other staff are requesting Public Interest Disclosant status
Director, Public Schools should be informed

10. Fair warning – Fair Action
Process designed to address continuing low level disruptive conduct
There must be a pattern of similar conduct
A clear process must be followed that is:
- procedurally fair
- gives the officer a right of reply
- incorporates clear written directions

11. Dealing with complaints at the school level Treat all matters seriously Be timely Be procedurally fair and respectful Complaints do not need to be in writing and can be anonymous Consider whether the matter may constitute misconduct The complaint handler must not be a party to the complaint and should be more senior than the subject of the complaint

12. As a Manager how do you assess the appropriate process?
Clarify the issue or issues
Ensure you have been given all the information
Determine what policies or procedures apply
Seek appropriate advice
Determine the level of seriousness
Ensure the matter is dealt with in a timely way
Don’t overreact!!

13. What should a SAM “do”?
Inform your principal if you have concerns about an employee
Provide all relevant information about the employee or the situation
Monitor staff continuously – problems don’t go away
Advise EPAC as early as possible if planning a program or dealing with FWFA
Make sure you have documented your concerns and have raised them with the officer
Follow processes correctly
Work with EPAC staff – if you ask for advice, act on it…..

14. What are the “don’ts”? Don’t shop around for advice
Don’t arrange for an employee to be removed from school without having a plan
Don’t rush into giving lawful directions without exploring other options
Don’t delay notifying parents or FACS
Don’t ignore poor performance or misconduct

15. E-learning online resource

16. Who to contact in EPAC
Executive Director – Jane Thorpe Director, SECT – Veronica Kapsimali Director, Investigations – Rob Easton Directors, Child Protection Investigations David Wright-Smith Sarah Parry Nicole Macfarlane Amanda Sharwood/Malcolm Barnett Kelly Muirhead Director, Complaints & Feedback – Katharine Ovenden Reception: