Investigation form (4.4.2016).

EVIDENCE MATRIX
Misconduct Review investigation

Allegation
Statement outlining the
Misconduct and the aim
of the investigation (identify
gaps in evidence).
This statement will set the
parameters of the
investigation.
At about 6:00pm 2
November 2015 the APS
Executive Level 2
Manager(EL2) and 5 of her
senior level staff attended a
operational review meetingDeceit/Santa Innovation,
Change & Business
Improvement operations.
The Executive allegedly
instigated verbal
arguments, name calling
and pushed and shoved
Executive APS level 1
manager(EL1) in presence
of APS staff (APS 4, APS
5, APS 6).

Prepared by: Tracey McDonald

Offence
Possible (civil) offences
that can be gleaned from
the circumstances.

Misconduct involving
improper, wrong or
potentially unlawful
conduct that is outside
APS policy, directions or
the law
Civil
Misconduct /
*Internal Handling.
1*in the course of
employment
2 *in connection with
employment
3* at all times.
Verbal arguments

Accused: Michelle Rash

Victim: Peter Know.
APS Staff.

Name calling
pushing-shoving
by DECEIT APS:
APS Act 1999
APS regulation 2013
Work Health & Safety Act
2011
-Work Health & Safety
Regulation 2011.
-Workplace Surveillance
Act 2005
-Privacy & Personal
Information Act 1988
APS Code of Conduct

Elements/Facts in
Issue
Elements of the
offence/s together with
relevant issues that may
affect the investigation.

Breach of APS Code &

Values
1*in the course of
employment
2 *in connection with
employment
3* at all times.
Element 1:
reviling "verbal bullying
1.Spoke in
condescending
intimidatory manner
Element 2.
2. *Psychological
violenceBullying/intimidation
hypervigilant,
Told the employee to
shut the F - up and they
werent being asked
unjustified criticism
Element 3.
3.Physical injury -bruising
Pushed & shoved
demanded EL1 stay
behind after the meeting
in front of everyone.
*subjecting or exposing
another to behavior that
may result in
psychological trauma,
*disregard for APS
policies
Initial assessment has
been made.
Merit Comissioner Per
APS procedural
fairness agency head
decides to proceed with
the matter

Check APS Work Level Standards Differences document

http://www.apsc.gov.au/publications-and-media/current-publications/worklevel-standards/differences

Avenues of Inquiry

How the elements of the

misconduct are to be
satisfied.

Elements 1-3
Prepare informations
Search Warrants
document/database
disclosures.
Employ services of IT
experts (access to CCTV &
electronic database)
Authorised Legal search
and seizures (eg meeting minutes,
previous complaint/incident
informations;HR Executive
Personal and medical
records).
Collect employment
personal informations on
witnesses & organise to
interview APS staff &
witnesses.
Interview & secure
testimony evidences
statements of witnesses
And,
Indentify Gaps in testimony
and omissions of informations.
_ single incident of
unreasonable behaviour or
ongoing
_Identify facts that are are
unclear . Require Proof of
Facts concerning employees
act or omission arising from
negligence or with intent
The relevant
employee is to be
advised:
(a) of the details of the
allegation of misconduct, and
(b) of the action that may be
taken under APS code of the
Act against the employee.
(c )The relevant employee is
to be given a reasonable
opportunity to make a
statement in relation to the
allegation. (d) is to be notified
of the agency heads decision