Public service conduct shake-up

If you quit, you’ll still have to face the music

PUBLIC servants under investigation for misconduct would no longer have a get-out by resigning, under changes proposed by the state’s Integrity Commission.

The commission report, released yesterday, has recommended changes to the State Service Act to prevent investigations being called off once an employee subject to allegations quits — often with a payout.

The report looked into how Tasmania’s public sector manages misconduct in a survey of 12 unidentified public sector organisations, including five councils. DAVID BENIUK

Integrity Commission CEO Richard Bingham said the change would bring Tasmania into line with other states.

“One of the options that should be available in those sorts of circumstances is that an investigation that is under way should be able to be completed and formal findings made,” he said.

Former TasTAFE CEO Stephen Conway resigned before a code of conduct investigation could be completed when the commission made claims of nepotism and credit card misuse.

It was subsequently revealed Mr Conway walked away with a $188,000 payout.

Further allegations of nepotism have surfaced in the Departments of Premier and Cabinet and Primary Industries, Water and Environment.

Mr Bingham said he was unable to comment on individual cases.

“It’s most important that if we’re going to deal with misconduct effectively, that we deal with it and people are aware that there quences,” he said.

The commission’s two-year investigation resulted in three recommendations, five “good practice suggestions” and new guidelines for public servants on managing misconduct.

The report recommends a written record of proceedings be kept for seven years.

A confidential register of all allegations should be kept for two years, it finds.

The investigation looked into 120 files, finding 99 of them contained inadequate record-keeping.

Examples of poor practice included potential criminal are conse- acts not reported to police and failures in the investigation process.

“One matter that contained allegations of nepotism was referred straight to the respondent, with the comment that ‘I trust that relevant ... processes have been used for these appointments and your explanation will suffice’,” the report found.

Sanctions were at times too lenient, with one organisation conducting a bullying workshop that the alleged perpetrator didn’t show up to.

Mr Bingham said some examples of good practice had also been uncovered.

“It’s sometimes said that corruption is just one part of human nature,” he said. “It is important that we should not take our eye off the ball.”

Premier Will Hodgman said he supported the intent of the recommendation that would prevent the shutdown of investigations.

“It has become apparent that there is a loophole which effectively allows people to avoid investigation by resigning, and this matter does need to be addressed,” he said.

Opposition leader Rebecca White said a Labor Government would legislate the change.