Release of updated Employment Direction No. 5 (29 Aug 2024)

Dear Colleagues

Today the Premier has released a new Employment Direction No. 5 (ED5) - Procedures for the Investigation and Determination of Whether an Employee has Breached the Code of Conduct, which is effective from today and available on the SSMO website.

Both the Tasmanian State Service Review (TSSR) and the Commission of Inquiry (CoI) recommended changes to this important employment direction and the way it is applied in agencies. These changes have been through extensive consultation, and I want to acknowledge the input of all State Service agencies and key stakeholder groups, including public sector unions.

Improving the way we manage disciplinary processes across the State Service is a critical component of the cultural change highlighted by the Commission of Inquiry to ensure as a State Service we are accountable, we uphold positive standards of conduct and behaviour and we are focussed on keeping children and the vulnerable safe in our care and the services we provide to community.

Key themes from the TSSR and CoI recommendations included that the ED5 process should be more efficient, effective and timely and the State Service needs to build capability across agencies managing ED5 investigations, including dealing with the most serious of allegations, such as child sexual abuse.

Key changes in the new ED5 and associated guidance include:

• The protection and safety of children is to be a primary consideration when managing allegations relating to children;
• All processes should be undertaken with a trauma-informed approach;
• An investigation under ED5 that relates to reportable conduct may be combined with, or constitute, an investigation under the Child and Youth Safe Organisations Act 2023;
• The ability for agencies to consider different delegations for managing ED5 processes, for example to ensure the more timely resolution of matters;
• Providing some flexibility for a head of agency to determine how to deal with specific behaviour or conduct, so that when the conduct or behaviour is of a less serious or lower risk in nature, this may be managed in the workplace rather than an automatic requirement for ED5 investigation.

The State Service Management Office will continue to partner with agencies and other key stakeholders to build on this work to ensure employees are aware and informed of the changes and we continue to build capability in this important area, including through the establishment of our new Shared Capability and Serious Conduct Unit in the State Service Management Office (DPAC).

While we note the Peter Woolcott review may provide further recommendations that relate to ED5 and the employment framework more broadly, this first phase of change for ED5 provides significant improvement.

We will build on the cultural changes we continue to make together; to hold ourselves to account, to be clear on the employment frameworks that we work within, and to further embed practices in our everyday work that reinforce our obligations to the Tasmanian community we serve.

Guidance on ‘What’s Changed’

Guidance regarding ‘What’s Changed’ with ED5 has been developed to assist in understanding the key changes and what that may mean in practice.  This is also available on the SSMO website. I would also encourage you to discuss with your Human Resource/People and Culture teams in your agencies.

Kathrine Morgan-Wicks
Head of the State Service
Secretary, Department of Premier and Cabinet
29 Aug 2024