Penalties
Background12.96 Under the Public Service Act, an agency head may impose one of the following penalties for a breach of the Code of Conduct: termination of employment; reduction in classification; re-assignment of duties; reduction in salary; deductions from salary, by way of fine, which is not to exceed 2% of the APS employee’s annual salary;[109] …
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Read moreProcesses for dealing with breaches
12.107 Previous sections of this chapter have addressed the administrative secrecy obligations that should be imposed on APS employees. The following, and final, section discusses the processes that Australian Government agencies should use to determine whether a breach has occurred. First, it assesses the procedural requirements for determining misconduct required by the Public Service Act. …
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Read morePrejudice to the effective working of government
Background12.21 As noted above, reg 2.1(3) of the Public Service Regulations prohibits an APS employee from disclosing information obtained or generated in connection with that person’s employmentif it is reasonably foreseeable that the disclosure could be prejudicial to the effective working of government, including the formulation or implementation of policies or programs.[23]12.22 This requirement was …
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Read moreReviewing specific secrecy offences
11.2 Concerns have been raised about the number and diversity of Commonwealth secrecy provisions and the lack of consistency in the drafting of offences and associated penalties.[1] The Terms of Reference for this Inquiry ask the ALRC to report on options for ensuring a consistent approach across the Australian Government to the protection of Commonwealth …
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Read morePolicy guidance and drafting directions
11.48 The AGD has a central role in developing and implementing criminal law policy. The Department is responsible for assisting the Attorney-General to ensure that criminal law enforcement provisions are framed in a sound, effective and coherent manner. It scrutinises all offence, civil penalty and law enforcement provisions in proposed legislation and provides policy advice …
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Read moreGrounds for bringing criminal proceedings
The failure of those with parental responsibility to provide for the basic needs of children in their care, or to protect them from harm as a result of abuse or neglect, may constitute an offence under general criminal law or under child protection laws, exposing the parent or caregiver to criminal proceedings and the consequences …
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Read moreIdentifying child abuse and neglect
A policy requiring child protection notification every time police respond to an incident of family violence may have unintended consequences in that it may discourage women from reporting violence. Numerous studies have established that one of the greatest barriers for women to reporting violence or breaches of protection orders is the fear of state intervention …
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Read moreInformation sharing
A central feature of an inter-agency response is the capacity of member agencies to share relevant information about the child so that a joint and complementary strategy is agreed to provide services that the child needs.In its recent report on privacy, For Your Information: Australian Privacy Law and Practice (2008), the ALRC noted that a …
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Read moreFamily dispute resolution and family violence
Family dispute resolution (FDR) is defined broadly in s 10F of the Family Law Act 1975 (Cth) as any non-judicial process where an independent FDR practitioner helps people affected, or likely to be affected, by separation or divorce, to resolve some or all of their disputes with each other.Broadly speaking, the current legislative framework encourages …
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Read moreDispute resolution in child protection
In most Australian states and territories, child protection legislation includes provisions designed to facilitate negotiated solutions. In addition, some government and community agencies use ADR procedures for child protection cases and have developed policy and practice in relation to ADR. There is a great deal of variation in the processes and terminology used to describe …
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