South Australia’s misconduct guideline: fair process before disciplinary action
Status and coverage
The Commissioner’s Management of Misconduct guideline operates from 27 April 2026, under section 14(d) of the Public Sector Act 2009. It particularly addresses Part 7 employment, while offering material relevant across the public sector. The official guidelines catalogue confirms that guidelines are not binding. Specific legislation and industrial instruments still matter.
What a fair process requires
The guideline separates investigation from decision-making. Employees should receive sufficiently particular allegations, relevant evidence and a reasonable opportunity to respond. Decision-makers must genuinely consider that response, avoid bias and base findings on evidence. The standard is the balance of probabilities; serious allegations require appropriately cogent evidence, not a different standard of proof.
Correctional workplaces: check the authority
First establish the employee’s legal employment basis and applicable instruments. Do not assume every correctional employee has identical suspension powers, sanctions or review rights. Suspension is not a finding of misconduct. Criminal proceedings and workplace discipline are distinct processes.
Before responding, preserve the allegations, evidence, directions and correspondence; check decision-making authority, response time, proposed sanction and mitigating circumstances. Obtain timely advice about applicable review avenues.
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