Audience
Department wide
Purpose
This procedure sets out responsibilities and processes for raising, and dealing with, a complaint (or information or matter) that involves, or may involve corrupt conduct, misconduct or reportable conduct by the Director-General of the Department of Education (the department).
Overview
All employees must promote public confidence in the integrity of the department by promptly reporting complaints of corrupt conduct, misconduct or reportable conduct by the Director-General. This procedure sets out what an employee must do where they receive information alleging that the Director-General has engaged in corrupt conduct, misconduct or reportable conduct.
Section 48A of the
Crime and Corruption Act 2001 (Qld) (the Act) requires the department to have a policy about how the department will deal with complaints that involve or may involve corruption of the Director-General. Under the Act, the policy may nominate a person other than the Director-General to notify the Crime and Corruption Commission (CCC) of the complaint and to deal with the complaint. The provisions of the Act that regulate how the Director-General as the public official of the department is to notify or deal with a complaint also apply to the nominated person.
The Deputy Director-General, Corporate Services (DDG CS) is the person nominated by the department to deal with complaints of this nature, as authorised under section 48A(2) and (3) of the Act. They are supported in undertaking this function by the Director, Intake, Referrals and Partnerships, who is the department's CCC liaison officer. In the event that a complaint is devolved to the department by the CCC, the matter will be managed in accordance with the Public Sector Commission's Framework for oversight of senior public service employee complaints devolved by the Crime and Corruption Commission (CCC) (the Framework).
Section 30(1(c)) and section 30(2) of the
Child Safe Organisations Act 2024 (Qld)
(CSO Act) requires the department to have a procedure in place enabling any person, including a worker of the department, to notify the Queensland Family and Child Commission (QFCC) of a reportable allegation or reportable conviction involving the Director-General of which the person or worker becomes aware. Under section 107(2) of the CSO Act, the Director-General may delegate the functions of the Director-General under Chapter 3 of the CSO Act, including notifications to the QFCC of reportable allegations or reportable convictions, to an appropriately qualified person.
This procedure assists the department to comply with requirements under, and in accordance with the Act, the Framework and the CSO Act, and:
- promotes public confidence in the way suspected corrupt conduct by the Director-General of the department is dealt with, under section 34(c) of the Act, and,
- promotes accountability, integrity and transparency in the way the department deals with a complaint that may involve, or is reasonably suspected to involve corrupt conduct or misconduct by the Director-General of the department
- ensures complaints that reasonably indicate reportable conduct in relation to a child are identified and managed in accordance with the reportable conduct scheme under the CSO Act, including meeting all relevant notification obligations. For complaints about the suspected fraud, corruption or misconduct by any employee other than the Director-General, refer instead to the Reporting fraud and corruption procedure.
This procedure should be read in conjunction with the Complaints and grievances management policy.
Responsibilities
Employees
- understand and fulfil their obligation to identify and report allegations of suspected wrongdoing (that is, fraud, corrupt conduct, misconduct or reportable conduct) in accordance with the Code of Conduct for the Queensland Public Service, CSO Act and the department's Standard of Practice
- maintain confidentiality of information of complaints/reports made under this procedure
- complete mandatory training (DoE employees only) and role-specific education and training consistent with fraud, corruption, misconduct and reportable conduct prevention matters in their area of responsibility and relevant delegation/s (DoE employees only)
- report complaints of suspected corrupt conduct, misconduct or reportable conduct by the Director-General without unreasonable delay
- participate in workplace investigations (DoE employees only) where they have been lawfully and reasonably directed to do so.
Public Sector Managers
- ensure employees are aware of what constitutes corrupt conduct under the Act
- ensure their employees are aware of the process for identifying and reporting on complaints of corrupt conduct, misconduct or reportable conduct by the Director-General
- escalate complaints of suspected corrupt conduct, misconduct or reportable conduct by the Director-General
- ensure duty of care to employees under their supervision, by facilitating support appropriate to the circumstances (for example, the Employee Assistance Program (DoE employees only))
- ensure appropriate confidentiality of information received through complaints made under this procedure.
Integrity unit
- assess and escalate complaints made using this procedure
- provide advice and direction to employees on the correct procedure for reporting complaints of corrupt conduct, misconduct or reportable conduct by the Director-General
- maintain and secure records in the department’s complaints management system (Resolve) in accordance with the Information asset and recordkeeping procedure, the department's Decision-making framework and the Queensland Ombudsman – Good decision making guide
- deal with any complaints of corrupt conduct, misconduct or reportable conduct by the Director-General in accordance with instructions received from the DDG CS
- consider human rights when managing a complaint and make decisions that are compatible with the Human Rights Act 2019 (Qld)
- provide procedural fairness to the public official subject to reportable allegations or reportable convictions
- consider if Charter of Victims' Rights is engaged when managing a complaint.
Director, Intake, Referrals and Partnerships
- provide advice and guidance to employees involved in these processes
- ensure that records are appropriately secured and retained to meet reporting obligations to the CCC and the Queensland Ombudsman
- assist the DDG CS to undertake their functions under this procedure
- consider human rights when managing a complaint and make decisions that are compatible with the Human Rights Act 2019 (Qld)
- provide procedural fairness to the public official subject to reportable allegations or reportable convictions
- consider if the Charter of Victims' Rights is engaged when managing a complaint.
Deputy Director-General, Corporate Services (DDG CS) (nominated person)
- receive complaints of suspected corrupt conduct, misconduct or reportable conduct by the Director-General
- as the nominated person for dealing with any complaint they reasonably suspect involves, or may involve, corrupt conduct by the Director-General, notify the CCC in accordance with sections 38 and 48A(2) and (3) of the Act
- must not commence, direct or authorise any investigation into a complaint involving the Director-General until required notifications have been made and any relevant advice or direction has been received from the CCC or other oversight body
- deal with any complaint of corrupt conduct in accordance with any advice received from the CCC
- determining whether the matter may involve reportable conduct and notifying the QFCC within required timeframes
- deal with any complaint of corrupt conduct by the Director-General where a matter is devolved back to the department, in accordance with the Framework
- comply with the CSO Act by giving priority to the safety, wellbeing and participation of children, and ensuring all actions align with child-safe reporting and risk management requirements
- ensure that records are maintained of complaints received and dealt with in accordance with this procedure
- maintain appropriate confidentiality of complaints made and dealt with under this procedure, with additional safeguards for matters involving children
- consider if human rights when managing a complaint and make decisions that are compatible with the Human Rights Act 2019 (Qld)
- provide procedural fairness to the public official subject to reportable allegations or reportable convictions
- consider if the Charter of Victims' Rights is engaged when managing a complaint.
Director-General
- inform the CCC of the nominated person within the department to deal with complaints of corrupt conduct by the Director-General, and their contact details
- refer any complaint received about their corrupt conduct to the DDG CS without unreasonable delay
- ensure sufficient resources are available to deal with complaints made under this procedure, including resources required to meet child-safe obligations
- ensure the department's complaint handling arrangements comply with section 33 of the CSO Act, including processes that prioritise the safety, wellbeing and participation of children where a complaint involves or affects a child
- consult with the CCC when proposing any policy changes about how the department will deal with a complaint that involves or may involve corrupt conduct of the Director-General.
Process
1. Identify and report suspected corrupt conduct, misconduct or reportable conduct
Employees and members of the public can report suspected corrupt conduct, misconduct or reportable conduct of the Director-General.
Members of the public may use the options below that are not restricted to DoE employees.
If an employee becomes aware of information suggesting corrupt conduct, misconduct or reportable conduct of the Director-General, they must immediately report to one of the following:
If an employee is unsure whether the information suggests corrupt conduct, misconduct or reportable conduct by the Director-General, they may seek advice from:
2. Registration and assessment
Complaints involving the Director-General that are received by the department using the different reporting mechanisms will be registered, communicated and appropriately secured. If the complaint is received by:
- the DDG CS, who may receive a report from the Director-General, any other employee or a member of the public, the DDG CS will liaise with the Integrity unit to register the complaint within the department's case management system (Resolve), who will ensure it is appropriately secured.
- the Integrity unit may receive a report from an employee or a member of the public, the Integrity unit will register the complaint within the department's case management system (Resolve), ensure it is appropriately secured and report the complaint to the DDG CS without delay.
If a complaint is received directly by the Director-General, the Director-General:
- must report the complaint to the DDG CS as soon as practicable
- may additionally notify the CCC of the complaint
- may additionally notify QFCC within 3 business days if the matter is suspected as reportable conduct
- must not take further action to deal with the complaint unless requested to do so by the nominated person or another agency that is investigating or managing the investigation of the complaint.
Integrity unit will assist the DDG CS in assessing whether the complaint involves, or may involve corrupt conduct, misconduct or reportable conduct. This may include requesting further information from the complainant to assist in the assessment of the complaint. It is important to note that if a complaint is submitted anonymously and no contact details are provided, further information cannot be sought from an anonymous complainant. Additionally, if a person states they do not want to be contacted regarding the complaint, further information will not be sought from them. This may impact the progression of the complaint.
The DDG CS and the Integrity unit:
- must consider human rights and document their assessment of whether the complaint engages or limits any human rights by examining the following questions:
- Are any human rights engaged or impacted by the decision or action complained about?
- If so, will the decision or action in question place any limits on those human rights?
- If so, was the limitation lawful, justified and reasonable in the circumstances?
- must ensure the assessment of human rights considerations is saved in the department's records management system
- must consider if the complaint is being made by an affected victim of violent crime about a contravention of their rights under the Charter of Victims' Rights
- must not commence investigating the complaint until all required notifications are made and any relevant advice or direction is received from the CCC or QFCC or another oversight body
- must maintain the integrity of any possible evidence
- may implement public interest discloser protection, where applicable
- must meet any other statutory obligation under another Act, including the referral of criminal conduct or allegations to the Queensland Police Service.
The Integrity unit will acknowledge the complaint in writing to the complainant in accordance with internal guidance materials, except where:
- the complainant is anonymous, and no contact details have been provided
- a complainant states they do not want to be contacted with respect to the complaint.
3. Report suspected corrupt conduct and misconduct to the Crime and Corruption Commission (CCC)
Where the DDG CS reasonably suspects that a matter does involve corrupt conduct by the Director-General, they must notify the CCC without unreasonable delay, in accordance with section 38 of the Act and the directions issued by the CCC to the department under section 40 of the Act.
Should the DDG CS decide that a complaint, or information or matter, about alleged corrupt conduct by the Director-General is not required to be notified to the CCC under section 38 of the Act, the DDG CS must make a record of the decision that complies with section 40A of the Act.
The DDG CS may choose to notify the CCC in accordance with other business processes in the Integrity unit or another method, at their discretion. A record of the referral must be saved within the department's case management system (Resolve).
4. Report suspected reportable conduct allegations to the QFCC
If the DDG CS forms a reasonable belief that the Director-General has engaged in reportable conduct or misconduct that may involve reportable conduct, this becomes a reportable allegation under the CSO Act. The DDG CS must notify QFCC as soon as practicable and ensure an investigation is commenced and provide an interim or final report within the timeframe required under section 34 CSO Act.
Where the DDG CS decides that the allegation does not meet the threshold for reportable conduct, the decision and rationale must be recorded, and the record must demonstrate that the assessment was reasonable, child-centred and compliant with the CSO Act and the record must be saved in Resolve.
Where the matter is not reportable under the CSO Act but may raise other integrity or conduct issues, the DDG CS may refer the complaint for assessment through the Integrity unit.
5. Deal with allegations of corrupt conduct or misconduct
Where, in accordance with section 46 of the Act, the CCC refers a complaint back to the nominated person to deal with, or in accordance with the Directions issued to the department under section 40 of the Act, the DDG CS is entitled to commence dealing with the complaint:
- the DDG CS, as the department's nominated person must:
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not commence investigating the complaint
- advise the Director-General of the department of Premier and Cabinet about the referral and/or complaint so a delegation from the Premier to deal with the complaint can be sought
- cooperate with any requests for assistance made by another agency that is investigating or managing the investigation of the complaint.
- the department must ensure the DDG CS, as the nominated person:
- has sufficient resources to enable them to perform their functions under this procedure
- is delegated the same authority, functions and powers as the Director-General to direct and control staff of the department as if the nominated person is the Director-General of the department for the purpose of dealing with the complaint.
The DDG CS is responsible for ensuring that appropriate confidentiality is maintained while dealing with the complaint and records are maintained in the department’s complaints management system (Resolve) in accordance with the Information asset and recordkeeping procedure, the department's Decision-making framework and the Queensland Ombudsman – Good decision making guide.
6. Closure
While maintaining appropriate confidentiality, the DDG CS may communicate the managing authority outcomes to relevant parties appropriate to the circumstances of the matter, including avenues for appeals.
The delivery of an outcome should be provided in line with statutory requirements to the complainant once the complaint has been finalised. This outcome may advise of:
- the final outcome of any investigation or management enquiry
- reasons for this outcome
- external rights of review to the CCC (for complaints of corrupt conduct) or Minister (for complaints of misconduct).
An outcome is not required to be provided to an anonymous complainant or a person who states they do not wish to be contacted in this matter.
The DDG CS will communicate outcomes of investigations where complaints of alleged misconduct and/or corrupt conduct have been substantiated against the Director-General to the CCC and Minister in accordance with the
Public Sector Act 2022 (Qld).
For reportable conduct matters reported to QFCC, submit a final report in accordance with section 37 CSO Act.
The closure of matters being dealt with by the department may be subject to external review or involve other external agencies (for example, the CCC, Queensland Police Service, Queensland Ombudsman, Queensland Human Rights Commission, Queensland Family and Child Commission or Public Sector Commission).
Definitions
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Term
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Definition
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Complainant
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A person, organisation or their representative or advocate making a complaint.
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Complaint
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A concern or report of wrongdoing. For the purpose of this policy, complaint includes 'information or matter' in accordance with section 48A of the
Crime and Corruption Act 2001 (Qld) (the Act).
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Corrupt conduct
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Corrupt conduct is defined in section 15 of the Act. It includes conduct by a person that adversely affects, or could adversely affect a unit of public administration or a person holding an appointment within that unit in a way that:
- is not honest or impartial
- knowingly or recklessly involves a breach of trust placed in the person holding an appointment; or
- involves the misuse of official information or material.
The conduct must also be serious enough that, if proved, it would constitute a criminal offence or a disciplinary breach providing reasonable grounds for terminating the person's services.
Corrupt conduct includes an attempt or a conspiracy to engage in the conduct, as well as neglect, failure or inaction that adversely affects a public agency or official in the ways described above.
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Crime and Corruption Commission (CCC)
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A designated statutory body set up to combat and reduce the incidence of major crime and corruption in the public sector in Queensland. The CCC, established under section 220 of the Act, has primary responsibility for the achievement of the Act's purposes.
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Deal with (a complaint)
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Dealing with a complaint involving corruption is defined at Schedule 2 of the Act and includes the following:
- investigate the complaint, information or matter
- gather evidence for prosecutions for offences or disciplinary proceedings
- refer the complaint, information or matter to an appropriate authority to start a prosecution of disciplinary proceeding
- start a disciplinary proceeding
- take other action, including managerial action, to address the complaint in an appropriate way.
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Employees
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Persons currently employed as public sector employees (see sections 12 and 13) of the
Public Sector Act 2022 (Qld) (PS Act), including general employees, fixed term temporary employees, casual employees, public service officers, senior officers, senior executive officers and the chief executive.
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Framework
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The Public Sector Commission's "Framework for oversight of senior public service employee complaints devolved by the CCC" published on the CCC website (and varied from time to time).
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iRefer
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iRefer (DoE employees only) is the department’s electronic complaints lodgement system. Complaints can be made on iRefer about employee fraud, corruption and misconduct.
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Misconduct
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As defined in section 91(5)(a)(b) of the PS Act 2022 (Qld), misconduct refers to:
- inappropriate or improper conduct in an official capacity; or
- inappropriate or improper conduct in a private capacity that seriously and negatively impacts on the public sector entity where the employee works.
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Public Sector Manager
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Under Schedule 2 (Dictionary) of the PS Act a public sector manager means a public sector employee whose duties involve or include managing other public sector employees in the carrying out of their duties.
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Reasonable suspicion
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A reasonable suspicion is one formed on grounds that are appropriate in the circumstances. Under section 13C of the Child Protection Act 1999 (Qld):
- factors to consider when forming a reasonable suspicion include:
- whether the child is experiencing, or is likely to experience, detrimental effects on their body, psychological state, or emotional state
- the nature and severity of these effects and the likelihood they will continue
- the child’s age.
- a reasonable suspicion may be informed by:
- observations of the child
- other knowledge of the child
- relevant knowledge, training, or experience of the person forming the suspicion.
For the purposes of clarity for the Criminal Code 1899 and Child Safe Organisations Act 2024, this also includes ‘reasonable belief’.
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Reasonably suspect
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Under Schedule 2 Dictionary of the Crime and Corruption Act 2001 Qld means suspects on grounds that are reasonable in the circumstances.
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Reportable conduct
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Under section 26 of the Child Safe Organisations Act 2024 (Qld), reportable conduct is harm to any child by a worker and can occur in the workplace or in private capacity
Types of reportable conduct are:
- a child sexual offence
- sexual misconduct committed in relation to or in the presence of a child
- ill-treatment of a child
- significant neglect of a child
- physical violence committed in relation to, or in the presence of, a child
- behaviours that cause significant, emotional or psychological harm to a child.
Thresholds for categories of reportable conduct are determined by Queensland Family and Child Commission (QFCC) refer to Guide to Queensland’s Reportable Conduct Scheme.
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Worker
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Extending the definition under section 8 of the Child Safe Organisations Act 2024, a worker includes:
- all employees (temporary, permanent or casual)
- volunteers, such as P&C members, parents, family volunteers, or families who host international students
- contractors, subcontractors, consultants or sole traders providing services or products to schools or students through school or department purchasing arrangements, which can include requests to quote, government Standing Offer Arrangements or maintenance/building contracts
- individuals provided by labour hire services, which can include but is not limited to office support staff, relief teaching and chaplains
- trainees or work experience participants, including tertiary students on placement such as preservice teachers
- P&C executives and School Council members.
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Legislation
Delegations/Authorisation
Other resources
Superseded versions
Previous seven years shown. Minor version updates not included.
1.0 Complaints involving the ‘public official’ (Director-General)
2.0 Complaints involving the 'public official' (Director-General)