Document ID: chunk:federal_register_of_legislation:F2018N00155:reg:5:p9
Version: federal_register_of_legislation:F2018N00155
Segment Type: reg
Provision Reference: reg 5 (pt 9/13)
Character Range: 25832–28575

put forward information and submissions in support of a favourable outcome.

       (b)    It is good practice to allow the worker to choose how they will respond – for example, a face-to-face interview or meeting to discuss the issue, a written submission, or a meeting at which the worker is accompanied by a support person that could be a colleague, a family member, or a representative (see paragraph (c) below).

       (c)    A worker may choose to consult a lawyer or union official in preparing a statement, and obtain advice about what they intend to say in making a verbal submission. The person may have the union official or lawyer attend a meeting as their support person or representative respectively.

       (d)    It may be necessary to allow a person to make more than one statement or submission before a final decision is made. For example, it may transpire at a meeting that some disputed matters cannot fairly be resolved without a further statement or evidence. Equally, if a harsh sanction is to be imposed it may be desirable to split the hearing into two stages – an initial finding on the complaint allegation, followed by a decision on the sanction to be imposed.

       (e)    Special measures may be required to ensure that a person has a reasonable opportunity to respond – such as use of an interpreter, conducting an interview/hearing at a separate location, or agreeing to a worker's request (supported by reasons) for an extension of time or adjournment.

    (4)           Inform the worker in writing of the decision that has been made following the investigation.

       (a)    A written record of the decision is important to ensure clarity and certainty, and to enable the worker to decide whether to follow up.

       (b)    The written form can vary according to the circumstances. For example, a formal letter of advice should be used to notify an adverse decision that could be distressing to a worker or impair their career. In other circumstances – including if a decision is favourable to a worker – it may be sufficient to notify the decision by email, or to invite the worker to sign/initial a written record of the decision.

       (c)    If a sanction is imposed on a worker (including an adverse finding recorded on their personnel record) the nature of the sanction should be clearly stated. If the worker has a right to challenge or review the sanction, the procedure for doing so should be outlined.

    (5)           Ensure that the investigation of the complaint or allegation is conducted in a fair and unbiased manner.

       (a)    A transparent process should be followed that gives a worker a reasonable opportunity to present their views on all relevant issues.

       (b)