Know Your APS Policy Rights
It is not unheard of for some APS employees to be misled as to what their true rights are, or their rights are ignored or abused. APS employees may also be unaware of the shortcomings of internal policies dealing with bullying, harassment, victimisation and discrimination (where covered) that could, when applied, cause you detriment. Therefore, before deciding to make a complaint, it is very important that you familiarise yourself with the APS policy position on bullying, harassment, victimisation and discrimination (where covered), and you are aware of your rights under your APS agency's policy and procedure documents (see below) and Enterprise/Collective Bargaining Agreement. (Also remember that, contrary to what officers in your APS agency may state, APS policies do not override existing laws and binding contracts.) Arming yourself with knowledge is one of the best ways to protect yourself and to make informed decisions about how to make a complaint that you feel most comfortable with.
If you do not have confidence in the independence, impartiality, fairness, transparency or competency of your APS agency's complaint-handling processes or complaint-handling officer, you should seriously consider seeking advice from an external advocate/lawyer about your options (see The Reality page).
You should at least be familiar with the following Australian Public Service Commission guides, in addition to your own APS agency's policies on bullying, harassment, victimisation and discrimination, procedures on APS Code of Conduct preliminary inquiries/investigation procedures and whistleblowing policies and procedures:
Unfortunately, there is no guarantee that APS agencies will treat these guides and policies seriously. Since the Australian Public Service Commission has no official disciplinary powers to exercise against an APS agency that fails to adhere to this guide, it can be assumed that the guides and policies are, at best, aspirational and, at worst, merely for public consumption.
If you do not have confidence in the independence, impartiality, fairness, transparency or competency of your APS agency's complaint-handling processes or complaint-handling officer, you should seriously consider seeking advice from an external advocate/lawyer about your options (see The Reality page).
You should at least be familiar with the following Australian Public Service Commission guides, in addition to your own APS agency's policies on bullying, harassment, victimisation and discrimination, procedures on APS Code of Conduct preliminary inquiries/investigation procedures and whistleblowing policies and procedures:
- 1. Australian Public Service Commission's RESPECT Guide
- 2. Australian Public Service Commission's Handling Misconduct Good Practice Guide
- 3. Australian Public Service Commission's Circular No 2008/3 - Providing Information on Code of Conduct Investigation Outcomes to Complainants
- 4. Australian Public Service Commission's 'Not Just About Process: The Review of Actions Scheme' for APS Human Resources Practitioners (see also: The Australian Review Council's 'Decision Making: Evidence, Facts and Findings' Best Practice Guide 3)
- 5. Australian Public Service Commission's Terminating APS Employment Guide
- 6. Australian Public Service Commission's APS Redeployment Policy
- 7. Australian Public Service Commission's Managing Redeployment in the APS Guide
Unfortunately, there is no guarantee that APS agencies will treat these guides and policies seriously. Since the Australian Public Service Commission has no official disciplinary powers to exercise against an APS agency that fails to adhere to this guide, it can be assumed that the guides and policies are, at best, aspirational and, at worst, merely for public consumption.