HR Manual 3011051

HUMAN RESOURCES POLICIES
A MANUAL FOR LOCAL GOVERNMENT
Local Government & Shires Associations

TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION.......................................................... 1
About this Manual .............................................................................................................. 2
About Human Resources Policies...................................................................................... 4
CHAPTER 2: DEVELOPING POLICY ............................................... 6

Introduction ........................................................................................................................ 7
Step 1: Identifying where policy is needed...........................................................................................9
Step 2: Investigation, research and analysis......................................................................................10
Step 3: Developing draft policy ..........................................................................................................11
Step 4: Consultation...........................................................................................................................12
Step 5: Planning how to implement policy..........................................................................................13
Step 6: Implementation ......................................................................................................................14
Step 7: Monitoring, evaluating and reviewing.....................................................................................15
CHAPTER 3: CONDITIONS OF EMPLOYMENT AND

PROCEDURES................................................................................. 16
Annual Leave ................................................................................................................... 17
Long Service Leave ......................................................................................................... 20
Sick Leave........................................................................................................................ 24
Sick Leave Without Pay ................................................................................................... 29
Leave Without Pay ........................................................................................................... 31
Carer's Leave................................................................................................................... 34
Parental (Paternity) Leave ............................................................................................... 39
Parental (Adoption) Leave ............................................................................................... 44
Parental (Maternity) Leave............................................................................................... 48
Leave for Civil Emergencies ............................................................................................ 56
ADF Reserves Service (Military Leave) ........................................................................... 58
Part-Time Employment .................................................................................................... 62
Casual Employment ......................................................................................................... 66
Job-Sharing...................................................................................................................... 69
Temporary Employment................................................................................................... 74
Fixed-term employment ................................................................................................... 77
Work experience .............................................................................................................. 81
Volunteers ........................................................................................................................ 86
Remuneration management............................................................................................. 90
Salary Sacrifice ................................................................................................................ 99
Paid work outside council............................................................................................... 105
Teleworking (work from home)....................................................................................... 108
Community Language and Signing Work....................................................................... 113
First aid Work ................................................................................................................. 118
CHAPTER 4: EMPLOYEE RELATIONS AND CONDUCT ........... 123
Dispute and grievance resolution................................................................................... 124
Disciplinary action .......................................................................................................... 129
Personal files.................................................................................................................. 135
Certificates of service and references............................................................................ 141
Equal employment opportunity....................................................................................... 143
Sexual harassment ........................................................................................................ 148
Display of material in the workplace............................................................................... 156
Camera surveillance ...................................................................................................... 159
Internet and email use.................................................................................................... 163
Child Protection.............................................................................................................. 167
CHAPTER 5: OCCUPATIONAL HEALTH AND SAFETY ............ 188

Occupational health and safety...................................................................................... 189
OHS consultation statement .......................................................................................... 200
Protective clothing and equipment ................................................................................. 203
Workers compensation .................................................................................................. 206
Rehabilitation ................................................................................................................. 211
Drug and alcohol free workplace.................................................................................... 216
Smoke-free working environment .................................................................................. 224
CHAPTER 6: STAFF TRAINING AND DEVELOPMENT............. 226

A national approach to training and development.......................................................... 227
Developing a training plan.............................................................................................. 235
Induction for new employees ......................................................................................... 242
Compulsory training ....................................................................................................... 248
Optional training ............................................................................................................. 253
Apprentices, trainees and government traineeships ...................................................... 256
Language, literacy and numeracy .................................................................................. 260
CHAPTER 7: RECRUITMENT ....................................................... 267

Recruitment issues......................................................................................................... 268
Vacancy review .............................................................................................................. 277
Selection criteria............................................................................................................. 281
Selection panels............................................................................................................. 285
Advertising vacancies .................................................................................................... 291
CHAPTER 1:
INTRODUCTION
Human Resources Policies

Page 1
About this Manual
Reviewed November 2004
W h y y o u s h o u ld u s e it
This manual is designed to help councils develop their own human resources policies.
There are two main reasons why you will find it very useful:
¾ it contains guidelines to the important issues you need to consider when you are
developing policies in human resources management and related areas;
¾ it contains sample policy statements on a whole range of common human

resources issues. These sample policy statements represent sound practice. The
Associations encourage you to use them as the basis of your own policies.
Please note that this manual is not designed to cover human resources issues relating to
general managers and senior staff. Issues relating to these staff are addressed in the
Associations' Executive Staff Kit. We do suggest, however, that councils use the
information in this manual as a resource for developing their own senior staff policies.
W h o s h o u ld u s e it?
This manual is for senior staff and other nominated officers who are involved in
formulating policy.
How to use it
The manual brings to your attention issues for you to consider and suggests the types of
policies you may want to adopt, but of course these cannot possibly cover every situation
that arises. Therefore we encourage you to use the manual above all as a guide or a
resource for developing your own policies and to use it in conjunction with the relevant
legislation and awards.
Throughout the manual you will see that for each human resources policy, we have
adopted this format:
Aims: a statement of the policy's purpose.
Issues to consider: a brief description of issues (including legal issues) which need to be
taken into account when developing the policy.
Definitions (optional): an explanation of specialist terms as they apply to the policy.

Page 2
Policy statement - example: a sample policy statement which represents sound practice
and which you may use as the basis for developing your council's own policy.
Please note that each policy should contain a clear provision reserving council's right to
change or revoke the policy. This provision has been added to each policy in this manual.
Councils are recommended to include this reservation of right in their own policies.
Procedures (optional): procedures that we recommend councils follow when carrying out
a policy.
Terms and conventions

The term council is used in this manual means a council in NSW as defined in the Local
Government Act 1993.
The term general manager is used throughout the manual to mean the general manager
or the council officer with the appropriate delegated authority.
The Local Government Award mentioned throughout the manual refers to the Local
Government (State) Award 2001. Similarly, the NSW Industrial Relations Act 1996 is
often referred to in shortened form as the Industrial Relations Act.
Revisions to this manual

This is the fourth edition of this manual. Every chapter has been reviewed and the review
date is indicated accordingly. Provisions in line with award and legislative changes will
continue to be undertaken in due course.
Help
If you have any questions, problems or comments, please contact the Associations'
Workplace Solutions Division:
.
Phone (02) 9242 4000
Fax (02) 9242 4188

Page 3
About Human Resources Policies
What they are and why we need them

Policies are statements of intent by which an organisation expresses its expectations,
sets parameters for the use of its resources and manages its operations to attain goals
and objectives. The need for predictability and consistency is present in all aspects of an
enterprise. Human resources policies respond to this need for both employees and
employers.
Policies often require procedures to support their implementation; these may be seen as
rules which prescribe expectations, define pathways and facilitate adherence. When
policies are absent or inadequate, councils often fall back upon precedent or past
practice, which at least offer some reliability.
Policies also become basic to routine or on-going management of organisations because

they provide the foundations and rationale for routine decision making. Policies cannot
cover every circumstance; the need for decisions outside policy still exists.
Human resources policies must ensure that equity, fair treatment and consistency prevail
for a very large and varied workforce, regardless of changes at the top levels.
How they can help line managers

Sound human resources management policies and procedures help line managers
handle day-to-day human resources matters.
Many people who use this manual will have little expertise and only limited knowledge of
the principles and practices of human resources management, and many councils may
not be large enough to employ personnel or human resources professionals or they may
not be able to afford to. For these reasons the human resources function is often
attached to another position within council and usually is not that staff member's area of
expertise.

Page 4
Help with human resources policies
You should use the policies in this manual and modify them to suit your specific needs.
This will save you a great deal of time. You are also encouraged to find out what other
councils are doing.
Remember too that the Associations are always able to give assistance and advice on
policy development and policy content.

Page 5
CHAPTER 2:
DEVELOPING POLICY

Page 6
Introduction
Day-to-day decision making depends on policy which is of high quality and which is
reasonably easy to implement. To achieve this, clear and unambiguous policy
development and approval processes must be established. These should include
definitions of the roles of policy developers and of the various parties involved in
consultation.
This chapter takes you through the main steps in policy development, approval and
implementation:
1. identifying where policy is needed;
2. investigation, research and analysis;
3. developing draft policy;
4. consultation;
5. planning how to implement policy;
6. implementation;
7. monitoring, evaluating and reviewing.
On the next page is a flow chart which illustrates a typical sequence for the development
of policy - this should help you visualise the process.
An important point about time

One of the most fundamental aspects of formulating and implementing policy is that all
parties have to accept that it takes time. This is especially the case when the subject
matter is new or has not been covered by policy previously. We therefore strongly advise
councils to set realistic, achievable timetables for all stages of the policy development
process.

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POLICY REQUEST or SIGNIFICANT EVENT
or EVALUATION OF EXISTING POLICY
Policy Yes
Policy research Draft policy
need?
No Develop to
Draft
accommodate Changes
to interest
Advise agreed changes
groups
originators
Comments No
changes
Review by
interest groups
Draft to
Changes GM
Revise to
take account No
of GM changes changes
Prepare
submission
Council
approval
process
GM
approval
process
Undertake Amend
council For council GM
amendments consideration approval
If further council
consideration
not required
Approved
Evaluation
and For
review implementation

Page 8
Step 1: Identifying where policy is needed
The need for policy may be identified well in advance - for example, to facilitate the
introduction of a performance assessment system, to support proposed legislative
changes, to remedy shortcomings, weaknesses or omissions in existing policy - or it may
be triggered by a significant event which puts council in a difficult position - a serious
injury in the workplace, or an in-house security scare.
Regardless of its origin, it is necessary to consider and confirm the need for policy and to
identify clearly the objective of the proposed new or replacement policy. This may be
handled in several ways. One way is to set up a small reference group of people drawn
from a range of council activities. Ideally, the convener of this group will be the council
staff member responsible for human resource management. The group's role is to:
¾ identify and confirm where policy is needed;
¾ propose or endorse the policy direction;
¾ identify and explore the impacts the policy will have;
¾ identify implementation issues and strategies;
¾ recommend that the proposed policy be adopted.

Page 9
Step 2: Investigation, research and analysis
When the need for policy has been established, it is advisable to investigate precedents
and current practices in order to assess their usefulness, relevance and applicability. This
could save you from "re-inventing the wheel". In the first place, we suggest you refer to
any relevant guidelines and sample policy statements in this manual. You may also have
to examine in detail other councils' existing or proposed policies, relevant policies outside
Local Government, and information and ideas from government agencies and
professional sources.
If none of these sources proves adequate, it will be necessary to undertake fresh

research to develop the draft policy. This research may be handled by a small working
group or it may be assigned to a responsible and experienced person internal or external
to the organisation. It is important that whoever does the research has access to
professional assistance.

Page 10
Step 3: Developing draft policy
Use the following questions as a guide to developing a draft policy:
Is the purpose or objective of the proposed policy clear?
Are council's specific requirements known?

If not, where can this information be obtained?
Does it satisfy a demonstrated and accepted need?
How has the need for policy in the area become apparent?
Has management or the consultative committee recognised or endorsed the need for
policy?
Is the background adequately understood by all parties?
Are there any historical aspects which might assist explanation?

Are there any useful precedents?
Are the minimum legal or regulatory requirements clear? Is there likely to be any clash or
inconsistency with current policies or practices which may necessitate changes to them?
Are there supplementary or related policies to be considered?
What is the scope of the proposed policy?
Who and what events will the proposed policy cover?

Will there be any known or predictable exceptions?
What are the major resource implications of adopting the policy?
Does this require extensive resource estimates, costing, assessments etc? Is assistance
required with these tasks?
What mechanisms and time-frames should be recommended for monitoring,

evaluating and reviewing the policy?
Can the monitoring and evaluation processes be written into the policy?

Page 11
Step 4: Consultation
A comprehensive and relevant consultative process or mechanism is an accepted feature

of policy development in Local Government. Note that consultation does not imply
agreement.
The following questions may be relevant to the consultative process:
Who are the interested parties and how are their interests appropriately catered
for?
Is there a traditional consultative mechanism or process, or will special

arrangements be required? Also, what extent of consultation is necessary to
facilitate approval?
Is the need for policy development or policy change so urgent that it outweighs the
desirability for consultation?
What is the standard or formal policy approval process?
Is there a particular endorsement or committee process which must be followed?

What is the role of the general manager in human resource policy approval?
What is council's role in "vetting" policy proposals and approving policy?

Page 12
Step 5: Planning how to implement policy
Planning for implementation is an integral part of the policy development process.

Implementation is usually facilitated by the use of an implementation plan which
establishes sequences, assigns responsibilities, sets deadlines and estimates costs.
The planning process may need to address the following issues:
What are the significant consequences or impacts of adopting the policy in the
workplace?
Does the extent and relevance of delegations need reconsideration?
Are there any easily-identified implementation issues?
Is the subject matter currently covered by policy, or has it drawn largely upon precedent?
Does there need to be a specific education program?
Is it advisable to have an implementation timetable and/or action plan?
Is phased implementation desirable or optional? Is a changeover period required?
Who is responsible for implementation or aspects of implementation?
What is a realistic time-frame for implementation or commissioning, taking into

account circulation, training, education etc?
What is a realistic estimation of costs for the total implementation process?

Page 13
Step 6: Implementation
Ease of implementation is vital to the acceptance and success of a new or revised policy.
Efficient implementation is dependent upon a number of factors including:
¾ quality, simplicity and relevance of procedures;
¾ simplicity of written expression - use of "plain English";
¾ adequacy of documentation - procedures, standard forms, reports etc;
¾ publicity and communication strategies associated with the introduction of policy -

letters, notices and so on;
¾ adequacy of training and education programs, and the methods used;
¾ accuracy in forecasting impact(s) of implementation;
¾ provision to vary or amend the procedures as necessary or desirable;
¾ accuracy in estimating the necessary resources - financial, human and so on.

Page 14
Step 7: Monitoring, evaluating and reviewing
Regular and systematic reviews of existing policies are strongly recommended. An

acceptable and reliable system of policy monitoring and evaluation facilitates the review
process. Ideally, the monitoring and evaluation processes should be built into the policy
documentation so that they have to be carried out as a matter of policy compliance.
Problems may be encountered with both well-established and new policies. They may
arise due to changing circumstances or for the following reasons:
¾ minor but irritating issues which require disproportionate effort or time to overcome;
¾ major "break-down" - this illustrates failure in the development of policy or

procedures, or inadequate monitoring;
¾ inappropriate procedures - this illustrates failure to recognise or address key

implementation issues;
¾ the need for minor changes - this arises directly or indirectly from other "governing"
influences such as legislation, awards and agreements;
¾ unsatisfactory levels of "user" complaints - perhaps a consequence of poor publicity

or inadequate training and education;
¾ significant abuse or misuse of the policy - this signifies poor original assessment of
need, or lack of thoroughness in the development process, or poor monitoring and
evaluation;
¾ disuse of the policy - this possibly signifies poor original assessment of need, or
lack of adequate monitoring and evaluation, or substantial change in the external
environment.

Page 15
CHAPTER 3:
CONDITIONS OF EMPLOYMENT
AND PROCEDURES

Page 16
Annual Leave
Aim
This section contains guidelines for how employees may accrue and take annual leave.
Is s u e s to c o n s id e r
Awards
Annual leave for Local Government employees is covered by the following awards:
Local Government Award

Local Government (Electricians) State Award
Employees may also be covered by specific awards e.g. Aged Care.
Legislation
The Annual Holidays Act contains additional provisions and entitlements. Where there is
conflict between the Act and an award, adopt the provisions and entitlements that are
more advantageous to the employee.
Minimum period of notice for taking annual leave

Neither the Act nor the awards specify a minimum period of notice that employees must
give before taking annual leave. It is recommended that councils establish one.
Accruing annual leave

Any paid leave (including maternity leave on half pay which accrues annual leave at the
pro-rata amount) counts as service for accruing annual leave.
Under the awards, leave without pay does not count as service for accruing annual leave.
Suspension from work

Employees continue to accrue annual leave whilst suspended with or without pay in
accordance with Clause 31, Disciplinary Procedures of the Local Government Award.

Page 17
Payment in lieu
Payment in lieu of untaken annual leave is prohibited by the Annual Holidays Act and
must not be paid except upon termination of employment.
Sickness while on annual leave

The Local Government Electricians (State) Award provides that when an employee
becomes sick or injured while on annual leave this is treated as sick leave provided that
the period of illness is at least seven consecutive days. The employee must produce
proof of illness.
This provision is not in the Local Government Award.

Page 18
Policy statement - example
Applicability
This policy applies to all employees except casuals.
Amount of leave
The awards set out the amount of annual leave an employee is entitled to.
Directing employees to take annual leave

Council may direct an employee to take a specified amount of annual leave at a
prescribed time when:
¾ work arrangements dictate;
¾ there is an annual close-down;
¾ the employee has accrued more than two years annual leave entitlement.
Council must give the employee a minimum of 4 weeks notice.
Minimum period for taking annual leave

The minimum period of annual leave an employee may take at any one time is 1 day.
Application for and approval of annual leave

Employees should give 4 weeks' notice when they apply for annual leave. (This notice
period may be altered by the appropriate departmental head.) Employees should submit
their application on the prescribed form.
Absence without approval will not be treated as annual leave retrospectively, regardless
of the amount of annual leave the employee is entitled to.
Variation
Council reserves the right to review, vary or revoke this policy.

Page 19
Long Service Leave
Aim
This section provides guidelines for how employees may accrue and take long service
leave.
Awards
Long service leave for Local Government employees is covered by the following awards:
Local Government Award

Local Government (Electricians) State Award, and
Other specific awards e.g. Aged Care
Under the Local Government Award employees are entitled to 6.5 weeks long service
leave after 5 years of service.
Under the Local Government Award and for employees appointed before 1 July 1995
under the Local Government (Electricians) State Award the period of long service leave
excludes public holidays which fall within the leave period.
For employees appointed after 1 July 1995 under the Local Government (Electricians)
State Award the period of long service leave includes public holidays which fall within the
leave period.
Legislation
The Long Service Leave Act contains additional provisions and entitlements. Where
there is conflict between the Act and an award, adopt the provisions and entitlements that
are more advantageous to the employee.
Minimum period of long service leave

Long service leave may be taken intermittently providing this does not inconvenience the
workplace. The minimum period of long service leave an employee may take at any one
time is:

Page 20
¾ for employees governed by provisions of the Local Government Award - 1 week;
¾ for employees governed by provisions of the Local Government (Electricians) State

Award - 4 weeks.
Taking of long service leave

Note that the awards stipulate that long service leave accrued since 23 June 1988 must
be taken at a mutually convenient time within 5 years of its falling due. This provision
should be applied to all employees or to none at all. Long service leave falls due at the
completion of five years service and every 5 years thereafter.
The parties have agreed that leave accumulated prior to 23 June 1988 would not be
affected by the provision. Hence, an employee with 15 years service as at 23 June 1992
would not be obliged to clear the first 10 years leave.
The award parties also have an understanding that some councils may elect not to
require employees to clear future accumulations of long service leave where they
perceive no savings flowing from the provision. However, if a council decided to adopt
the provision, then it must be consistent in its application for all staff. This would require
council advising employees that it has adopted the award provision, monitoring the
accrued long service leave, requesting staff to clear the appropriate leave with
reasonable notice.
A council's options to force an employee to clear such leave will also be influenced by the
award proviso that the taking of leave shall be at a mutually convenient time. Council's
ability to do so would depend on whether council has actively and consistently applied
the provision over time and whether the employee was unreasonable in refusing to take
the leave. If an employee does not comply with the award provision and council's policy,
council has the option of applying the award disciplinary provisions as appropriate.
Minimum period of notice for taking long service leave

Neither the Act nor the awards specify a minimum period of notice that employees must
give before taking long service leave. It is recommended that councils establish one.
Sickness while on long service leave

The Local Government (Electricians) State Award provides that when an employee
becomes sick or injured while on long service leave this is treated as sick leave provided
that the period of illness is either one quarter of the period of long service leave taken or
2 weeks, whichever is shorter. The employee must provide proof of illness.
The Local Government Award does not contain such a provision.

Page 21
Former casual employees - recognition of service
In accordance with Clause 22, Casual Employment of the Local Government Award
casual employees engaged on a regular and systematic basis shall have their service as
a casual counted as service for the purpose of calculating long service leave where the
service as a casual employee is continuous with their appointment to a permanent
position on council's structure.
It is highlighted that when calculating the long service leave entitlement in such cases,
long service leave accrued whilst the employee was employed as a casual is to be
deducted.

Page 22
Applicability
Amount of leave
The awards set out the amount of long service leave an employee is entitled to.
Taking long service leave

Long service leave accrued since 23 June 1988 must be taken within 5 years of its falling
due.
Minimum period of long service leave

The minimum period of long service leave an employee may take at any one time is one
week. Long service leave in excess of one week must involve whole days, not fractions
of a day.
Application and approval

All applications for long service leave must be approved before leave commences.
Applicants should give sufficient notice, as set out below. If they do not, approval may be
withheld.
Period of long service leave requested notice period

1 - 8 weeks 4 weeks
More than 8 weeks 8 weeks
Variation

Page 23
Sick Leave
Aim
This section contains guidelines for how employees may accrue and take sick leave.
Awards
Provisions for sick leave vary across the different awards, as this table demonstrates:
Award Quantum per annum Reference Threshold service

Local Govt 3 weeks full pay Cl 19 A nil
(State)
Electricians 15 days full pay for first 5 years Cl 19 3 months in council
then 18 days full pay thereafter (Note progressive
for employees engaged prior to crediting provisions)
1/7/95. For employees engaged
after 1/7/95, 5 days after 3
months service for the first year of
service then 15 days full pay.
Standards of proof of illness or injury

Employees who are unable due to sickness to attend for duty shall be entitled during
each year of service to sick leave of 3 weeks at the ordinary rate of pay.
It is recommended that councils set their own reasonable standards of proof of illness or
injury. Consideration should be given to a decision of the Industrial Relations
Commission which encouraged councils to adopt a common sense approach and limit
their demands for a medical certificate to instances where it seems there has been an
abuse of sick leave. In instances where there is extended leave or regular occurrences
council may consider the production of a medical certificate.
The award specifies the standard of proof of illness to be either a medical certificate or a
statutory declaration. Proof of illness may include certification from a qualified
medical/health practitioner, registered with the appropriate government authority.

Page 24
The following health/medical boards are registered with the appropriate government
authority:
Board of Optometrical Registration

Chiropractors and Osteopaths Board
Dent5al Technicians Registration Board
Medical Registration Board
Nurses Registration Board
Optical Dispensers Registration Board
Physiotherapists Registration Board
Podiatrists Registration Board
Psychologists Registration Board
Dentists Registration Board
The certificate should:
(a) indicate the date on which the examination took place;

(b) indicate the degree or nature of the patient’s incapacity to undertake normal duties;
(c) indicate the date on which the doctor considers the patient is likely to be able to
return to work; and
(d) where relevant be addressed to the party requiring the certificate as evidence of
illness, e.g. employer, insurer, magistrate.
Under no circumstances should the examination date:
(a) be backdated or dated forward to correspond with an existing or proposed absence

from work;
(b) be other than the date on which the patient attended the doctor and at which
consultation a genuine medical condition was observed or was considered, in the
doctor's judgement, to have been suffered in the recent past;
(c) cater for days off work for holiday, carer or other special needs.
A certificate may be issued by a doctor subsequent to a patient taking sick leave.

However, the certificate must:
(a) state the date of the examination;

(b) clearly indicate whether it is based upon observations of symptoms during the
examination or upon information provided by the patient which the doctor deems to
be true; and
(c) cover the period during which the doctor believes the illness would have
incapacitated the patient.

Page 25
When issuing a sickness certificate, doctors should consider whether or not an injured or
partially incapacitated patient could return to work with altered duties. The general nature
of those duties which should not be undertaken should be noted on the certificate.
Arrangements regarding altered duties are matters for negotiation between the patient
and the employer.
Council should require proof of illness to justify payment for absences after 2 days or
after 3 separate periods in each service year. The Award parties have agreed that the
minimum period for which proof is required is ½ day (4 hours).
Payment in lieu of untaken sick leave

Section 27 of the Industrial Relations Act prohibits payment in lieu of untaken sick leave
in awards or former industrial agreements and preserves a benefit for those employees
who had an entitlement accrued before 15 February 1993. The formula for
determining the entitlement is contained in clause 14 of schedule 4, of the
Industrial Relations Act.
Enterprise agreements may provide for the paying out of untaken sick leave. However
council agreements established under clause 36 of the Local Government Award cannot
provide for the paying out of untaken sick leave.

Page 26
Applicability
Amount of leave
The awards set out the amount of sick leave an employee is entitled to and how it
accrues.
Employee obligations
Employees have the following responsibilities in regard to sick leave:
¾ to notify their immediate supervisor as soon as possible when they are absent due
to illness or injury and to indicate how long they expect to be absent;
¾ to make formal application for sick leave as soon as possible and to provide the
necessary evidence of illness or injury;
¾ at the request of the general manager (or another appropriate officer), to be

examined at council's expense by a medical practitioner.
Standards of evidence of illness or injury

Council requires, as evidence of illness or injury, the following:
¾ a certificate from a registered medical practitioner which gives date(s) of

consultation, evidence of incapacity to undertake normal duties and period(s) of
incapacity; or
¾ a certificate from a qualified health practitioner, registered with the appropriate

government authority which gives date(s) of consultation, evidence of incapacity to
undertake normal duties and period(s) of incapacity; or
¾ a duly-completed statutory declaration which gives details of date(s) of illness or

injury, date(s) of incapacity for work, reasons for inability to report for duty and
reasons for not attending a registered practitioner; or
¾ a supporting statement by the immediate supervisor or area manager if the

employee is unable to provide the evidence or if there exists obvious physical
evidence of illness or injury.

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Circumstances which require evidence of illness or injury
Council requires evidence of illness or injury to accompany an application for sick leave
when an employee has been absent for more than two working days, or when an
employee has been absent more than three times in one service year. The minimum
period is ½ day (4 hours).
Approval of applications
If the general manager (or another appropriate officer) is not satisfied with the evidence
of illness or injury, leave will be regarded as unauthorised leave without pay.
Variation

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Sick Leave Without Pay
Aim
This section contains guidelines for granting sick leave without pay.
Awards
In the Local Government Award leave without pay on account of illness is not counted as
service for leave entitlements. However, in the Local Government (Electricians) State
Award sick leave without pay is counted as service.
Considering the individual's circumstances

When considering applications for sick leave without pay, council should take into
account an employee's particular circumstances, such as the merits of the application,
the nature of the illness, the employee's record and the estimated length of absence.
Adopting a consistent approach

Council should adopt a consistent approach in granting sick leave without pay, in order to
avoid equal opportunity issues and undesirable precedents.
Monitoring and follow-up

Once council has approved a period of sick leave without pay, it is obliged to monitor an
employee's recovery.
Fixed-term or temporary contracts

Periods of sick leave without pay do not extend the term of fixed-term or temporary
employment contracts.

Page 29
Applicability
Reasons for granting sick leave without pay

Applications for sick leave without pay are considered on their merits and may be granted
under the following conditions:
¾ the employee's paid sick leave entitlements are exhausted;
¾ recognised proof of illness or incapacity is supplied (see the policy statement under
Sick leave)
The employee's employment history with the council will also be considered.
Maximum period of sick leave without pay

Except in very special circumstances (as determined by the general manager or another
appropriate officer) the maximum period granted at any one time will not exceed 13
weeks.
Approving sick leave without pay

Sick leave without pay must be approved by the general manager (or another appropriate
officer).
Variation

Page 30
Leave Without Pay
Aim
This section contains guidelines for leave without pay.
Awards
The awards provide for leave without pay by mutual agreement. Such periods of leave
without pay are not counted as service. However, please note that leave without pay
does not break the continuity of service.
Using other forms of leave

The conditions under which leave without pay is granted are for individual councils to
determine. It may be appropriate to expect applicants for long-term leave without pay to
use other forms of leave available to them - such as annual leave and long service leave
before commencing leave without pay.
Superannuation
Council should clarify the consequences of leave without pay on employer
superannuation contributions with the appropriate superannuation authority.
Adopting a consistent approach

Council should adopt a consistent approach in granting leave without pay, in order to
avoid equal opportunity issues and undesirable precedents.
Taking the individual's circumstances into account

When considering applications for leave without pay, council should take into account the
particular circumstances of the employee, such as the merits of the application, the
employee's record and length of absence.

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Costs to council of leave without pay
Leave without pay carries a cost to council in: maintenance of personnel, leave and
salary records; recruitment/replacement costs; continuation of superannuation (in some
circumstances) and sundry costs such as additional uniforms and training; and
productivity decline while a replacement learns the job.
Fixed-term contracts
Employees on fixed-term contracts should be granted leave without pay only where
annual leave is insufficient to cover the absence. In these circumstances it is
recommended that councils limit the amount of leave without pay that can be taken.
Periods of leave without pay do not extend the term of fixed-term employment contracts.
Temporary employment
As temporary periods of employment are normally less than 12 months, council should
not approve temporary employees' applications for leave without pay. This is because
council may have to engage additional staff to cover such absences if they were
approved.

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Applicability
Principles in granting leave without pay

Leave without pay may be granted at the discretion of the general manager (or another
appropriate officer) when annual leave and long service leave have been exhausted.
Qualifying service for leave without pay

Employees must have a minimum period of 2 years service with council to qualify for
leave without pay. This shall not apply to periods of annual close down.
Maximum period of leave without pay

The maximum leave without pay that may be granted in any 10 year period is 12 months.
An exception to this is that employees on fixed-term contracts may be granted leave
without pay of up to 5 days per year.
Variation

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Carer's Leave
Aim
This section contains guidelines about how employees may have access to carer's
leave.
Awards
Carer's leave for Local Government employees is covered by the Local Government
Award. Similar provisions are contained in the Local Government (Electricians) State
Award.
Legislation
The Anti Discrimination (Carer's Responsibility) Act 2000 (NSW) introduced a new
ground of unlawful discrimination in employment being carer’s responsibilities.
The Act makes it unlawful for an employer to discriminate directly or indirectly against a
person with carer's responsibilities in the workplace. The new provisions do not apply to
workplaces with five or less employees.
For the purposes of the Act "responsibilities as a carer" is defined as a person's

responsibility to care for or support a dependent child (whether or not under the age of
18 years) or another immediate family member who is in need of support.
The Act requires employers to reasonably accommodate the needs of employees who
are responsible for the care of a family member unless it can be shown that to do so
would cause unjustifiable hardship. There is no definition of reasonableness in the Act,
however, cases show that consideration will include the nature and extent of the
discriminatory effect weighed against all the relevant circumstances including the
employer's ability to accommodate the employee's needs and associated costs.
Where a council can reasonably accommodate such a request, an employee required to

provide support for an immediate family member who is not ill, may be entitled to seek
time off on the grounds of carer's responsibility and preserve their award entitlement to
carer's leave.
Employees may need to vary their hours and/or conditions of work rather than take leave
to attend to their carer responsibilities.

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Entitlements
Under the Award, an employee, other than a casual, is entitled to use any current or
accrued sick leave entitlement for the purpose of carer's leave.
Carers leave is not intended to be used for long term, ongoing care. In such cases, the
employee is obligated to investigate appropriate care arrangements where these are
reasonably available.
The Award sets out a number of conditions which must be met prior to the entitlement of
carer's leave becoming available. Such conditions are as follows:
1. The employee must have an accrued sick leave entitlement sufficient to cover the
period of carer's leave applied for;
2. The person to be cared for must be within the class of persons set out in subclause
19B(iv) of the local Government Award and subclause 20(c) of the Local
Government (Electricians) State Award;
3. The person, as defined, must be ill such that they require care and support;
4. The employee must produce satisfactory evidence of the illness of the person to be
cared for;
5. The employee must be responsible for the care and support of the person
concerned;
6. Employees are able, with the consent of council, to apply for other forms of leave,
for the purposes of providing care and support under this clause. The other forms
of leave are:
◊ time in lieu of overtime;

◊ make up time;
◊ annual leave;
◊ leave without pay.
Council could also consider granting rostered days-off for care and support.

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Proof of illness
The award specifies the standard of proof of illness to be either a medical certificate or a
statutory declaration. This may be required on each application for carer's leave.
Council should adopt a common sense approach and limit its demands for a medical
certificate. In instances where there is extended leave or regular occurrences Council
may consider seeking the production of a medical certificate.

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Applicability
Entitlement
An employee may access accrued sick leave to provide care and support to an eligible
class of person as defined in the Local Government Award.
Carers leave is not intended to be used for long term, ongoing care. In such cases, the
employee is obligated to investigate appropriate care arrangements where these are
reasonably available.
Discretion to approve other forms of leave

Council has the discretion to grant access to other forms of leave for the care and
support of an ill person as defined by the award. Other forms of leave granted may
include rostered days off, annual leave, long service leave, time off in lieu of payment for
overtime, make up time, and leave without pay.
In exercising such discretion, council will give consideration to work loads, equity and
relevant organisational considerations.
Employees have the following responsibilities in regard to carer's leave:
¾ to notify their immediate supervisor as soon as possible when they are absent due
to sickness of a person who requires care and to indicate how long they expect to
be absent. Wherever practicable, such notice should be given prior to the absence;
¾ to make formal application for carer's leave as soon as possible and to provide the
necessary evidence of illness or injury and of responsibility for care of the person
concerned.
Circumstances which require evidence of illness or injury

Council needs evidence of illness or injury to accompany an application for carer's leave
on all occasions the employee makes such application.

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If the general manager (or another appropriate officer) is not satisfied with the evidence
of illness or injury, leave will be regarded as unauthorised leave without pay.
Standards of evidence of illness

Council requires, as evidence of illness, the following:
¾ a certificate from a registered medical practitioner which gives date(s) of

consultation, evidence of the illness and the need for care of the person concerned
and period(s) of illness; or
¾ a certificate from a qualified health practitioner, registered with the appropriate

government authority, which gives date(s) of consultation, evidence of the illness
and need for care and support of the person concerned and period(s) of illness; or
¾ a duly completed statutory declaration which states that the employee is

responsible for the care of the person concerned, and gives details of date(s) of
illness of the person concerned, details of the illness of the person concerned,
period(s) of illness and reasons for not attending a registered practitioner.
Circumstances which require evidence of illness

Council requires evidence of illness to accompany all applications for carer's leave.
If the general manager or another appropriate officer is not satisfied with the evidence of
illness, leave will not be approved.
Variation

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Parental (Paternity) Leave
Aim
This section contains guidelines for paternity leave; one form of parental leave..
Legislation
The Industrial Relations Act (the Act) contains the legislation on parental leave, which
includes maternity leave, paternity leave and adoption leave. The legislation applies to
people who are parents by birth or by adoption. The maximum period of leave available
in total to both parents is 52 weeks. Whether or not both partners have the same
employer, they cannot take maternity leave and paternity leave at the same time except
for a one week period immediately after confinement.
Definitions
Paternity leave
Paternity leave is unpaid leave which a male employee may take before, during or after
the birth of his spouse's child.
Supporting Parent Leave

An employee who is a supporting parent shall be entitled to up to 5 days paid leave taken
from their accrued sick leave balance at the time their partner gives birth to a child or at
the time the employee adopts a child provided that the employee has had 12 months
continuous service with council immediately prior to the commencement of their
supporting parent leave.
Extended paternity leave

Extended paternity leave is additional unbroken leave to be the primary care-giver of the
child. Eligibility for extended paternity leave ceases upon the first anniversary of the
child's birth.
Maximum period of paternity leave

Short and extended paternity leave, in combination, cannot exceed 52 weeks. The
length of paternity leave is reduced by the amount of maternity leave taken.

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Right of return to former position
The Act grants the employee the right of return to their former position when paternity
leave ends. If the former position no longer exists, the employee has a right to a position
of comparable status and rate of pay. The Act also places an obligation on council to
advise replacement staff of the temporary nature of the employment and of the rights of
the employee on paternity leave to return to work.
Variations to the leave period

Early return from paternity leave: Fourteen days' notice by the employee is required
and is subject to the approval of the general manager.
Extending paternity leave: The employee has the choice, once only, to extend parental
leave and must give the council 14 days notice to do so. Further extensions are subject
to the approval of the general manager.
Monitoring
Council may need the employee to sign the following statutory declarations:
¾ that, apart from one week's paternity leave after confinement, maternity leave and
paternity leave will not be taken simultaneously;
¾ that the total period of parental leave taken by the parents will not exceed 52
weeks.
Council's obligation to inform employees of entitlements

The Act requires council to inform employees of their paternity leave entitlements as soon
as council is aware that an employee's spouse is pregnant.
Return to work during periods of paternity leave

The Act allows an employee on paternity leave, with the agreement of council, to break
the period of leave by returning to work with council on a full-time, part-time or casual
basis. The period of leave cannot be extended by such a return to work beyond the
maximum period of leave authorised by the Act.
Service
Paternity leave does not count as service but does not break the continuity of service.

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Applicability
This policy applies to all male employees of council except casuals.
Eligibility for paternity leave

To be eligible for paternity leave and supporting parent leave an employee must have
completed 12 months continuous service with council immediately prior to
commencement of leave.
Availability and limits

Supporting parent leave is available to the supporting parent of the child for up to 5 days
paid leave taken from their accrued sick leave balance at the time their partner gives birth
to a child or at the time the employee adopts a child.
Extended paternity leave is available to the father of the child in order to be the primary
care-giver. Paternity leave may not extend beyond the first anniversary of the child's
birth.
In combination, maternity leave and paternity leave shall not exceed 52 weeks. Maternity
leave and paternity leave cannot be taken by the partners simultaneously, except for one
week's paternity leave immediately following confinement.
Availability of other leave

Annual leave and long service leave may be taken in conjunction with paternity leave,
subject to the approval of the general manager (or another appropriate officer), provided
that the total period of leave does not exceed 52 weeks.
Evidence to support applications for paternity leave

Applicants for paternity leave must provide written evidence of the anticipated date of
confinement. Council requires applicants to sign statutory declarations that both parents
will not take parental leave at the same time, except for the week immediately following
confinement. (This does not preclude simultaneous absence from work when the partner
not on parental leave is on some other form of approved leave.)

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Notice of intention to take paternity leave
For paternity leave, the employee must:
¾ give council written advice stating the proposed start and finish dates for the
period(s) of leave at least 10 weeks beforehand;
¾ provide council with certification, including name of spouse and the expected date
of confinement at least 10 weeks before the child is due.
When an employee applies for extended paternity leave he must provide a statutory
declaration which:
¾ states that he will be the primary care-giver to the child during the leave period;
¾ gives details of any period of maternity leave sought or taken by the child's mother.

The employee is entitled, once only, to extend the period paternity leave by giving 14
days written notice to the general manager. Further extensions to the leave period are
subject to the general manager's approval. Shortening the period of paternity leave is
subject to the general manager's approval. Employees should apply in writing and give
14 days notice. In unforeseen circumstances - such as miscarriage, still birth or infant
death council should adopt the provisions of the Industrial Relations Act and should also
take into account the particular circumstances of each case.
Right of return
When paternity leave ends, the employee will return to their former position. If it is no
longer available, the employee will move to a position of comparable status and rate of
pay.
Advice to replacement employees of early termination

The general manager (or another appropriate officer) shall formally advise employees
engaged or transferred to replace an employee on paternity leave, that their employment
may be terminated or their transfer discontinued earlier than anticipated, if early return
from paternity leave is approved.

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Return to work during paternity leave
An employee on paternity leave may, with approval of the general manager (or another
appropriate officer) break the period of leave to return to work on a full-time, part-time or
casual basis. The period of paternity leave granted cannot be extended by such return to
work beyond the maximum period of leave authorised by the Industrial Relations Act.
Variation

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Parental (Adoption) Leave
Aim
This section contains guidelines for adoption leave; one form of parental leave..
Legislation
The Industrial Relations Act (the Act) contains the legislation on parental leave, which
includes maternity leave, paternity leave and adoption leave. The legislation applies to
people who are parents by birth or by adoption. The maximum period of leave available
in total to both parents is 52 weeks.
Definitions
Adoption leave
Adoption leave is unpaid leave available to an employee who is adopting a child under
five years of age.
Short adoption leave

Short adoption leave is an unbroken leave period of three weeks taken at the time of
placement of the child.
Extended adoption leave

Extended adoption leave is additional unbroken leave to be the primary care-giver of the
child and which may finish no later than the first anniversary of the child's placement.
Maximum period of adoption leave

Short and extended adoption leave, in combination, cannot exceed 52 weeks. The
length of extended adoption leave is reduced by the amount of adoption leave taken by
the employee's spouse.

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The Act grants the employee the right of return to their former position when adoption
the employee on adoption leave to return to work.

Early return from adoption leave: Fourteen days' notice by the employee is required
and is subject to the approval of the general manager.
Extending adoption leave: The employee has the choice, once only, to extend
adoption leave and must give the council 14 days notice to do so. Further extensions are
subject to the approval of the general manager.
Monitoring
For extended adoption leave, council may require the employee to:
¾ sign a statutory declaration that the employee will be the primary care-giver to the
child during the leave period, and
¾ give details of any period of adoption leave sought or taken by the employee's
spouse.

The Act requires council to inform employees of their adoption leave entitlements as soon
as council is aware that an employee is adopting a child.
Return to work during periods of adoption leave

The Act allows an employee on adoption leave, with the agreement of council, to break
the period of leave by returning to work with council on a full-time, part-time or casual
basis. The period of leave cannot be extended by such a return to work beyond the
maximum period of leave authorised by the Act.
Service
Adoption leave does not count as service but does not break the continuity of service.

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Applicability
This policy applies to all employees of council except casuals.
Eligibility for adoption leave

To be eligible for adoption leave an employee must have completed 12 months
continuous service with council immediately prior to commencement of leave.
Availability and limits

Adoption leave is available to whichever partner takes the role of "primary care giver" of a
newly-adopted child under 5 years of age. Each parent may take no more than two
periods of adoption leave, and in combination it cannot exceed 52 weeks. Adoption leave
may not extend beyond the first anniversary of the child's placement.
Availability of other leave

Annual leave and long service leave may be taken in conjunction with adoption leave,
subject to the approval of the general manager (or another appropriate officer), provided
that the total period of leave does not exceed 52 weeks.
Notice of intention to take adoption leave

For extended adoption leave, the employee must:
¾ give council at least 10 weeks notice in writing confirming the start date and the
proposed amount of leave:
¾ provide a statutory declaration that the employee will be the primary care-giver to
the child during the leave period;
¾ give details of any period of adoption leave sought or taken by the employee's
spouse.

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The employee is entitled, once only, to extend the period adoption leave by giving 14
days written notice to the general manager. Further extensions to the leave period are
subject to the general manager's approval. Shortening the period of adoption leave is
subject to the general manager's approval. Employees should apply in writing and give
14 days notice. In unforeseen circumstances - such as failure of placement to proceed
- council should adopt the provisions of the Industrial Relations Act and should also take
into account the particular circumstances of each case.
Right of return
When adoption leave ends, the employee will return to their former position. If it is no
pay.

The general manager (or another appropriate officer) shall formally advise employees
engaged or transferred to replace an employee on extended adoption leave, that their
employment may be terminated or their transfer discontinued earlier than anticipated, if
early return from adoption leave is approved.
Return to work during adoption leave

An employee on extended adoption leave may, with approval of the general manager (or
another appropriate officer) break the period of leave to return to work on a full-time, part-
time or casual basis. The period of adoption leave granted cannot be extended by such
return to work beyond the maximum period of leave authorised by the Industrial Relations
Act.
Variation

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Parental (Maternity) Leave
Aim
This section contains guidelines for parental (maternity) leave.
Legislation
The Industrial Relations Act as amended by the NSW Industrial Relations Amendment
(Casual Employees Parental Leave) Act 2001 contains the legislation on parental leave,
which includes maternity leave, paternity leave and adoption leave. The legislation
applies to people who are parents by birth or by adoption. The maximum period of leave
available in total to both parents is 52 weeks. Whether or not both partners have the
same employer, they cannot take maternity leave and paternity leave at the same time
except for a one week period immediately after confinement.
Award
The Local Government Award at Clause 19E provides for a period of paid maternity leave
to all full time and part-time female employees who have had 12 months continuous
service with council immediately prior to the commence of maternity leave or special
maternity leave as provided under provisions of the Industrial Relations Act.
The entitlement to paid maternity leave is further extended to female casual employees
who have worked on a regular and systematic basis with council for at least 12 months
prior to the commencement of maternity leave or special maternity leave.
Definitions
Paid maternity leave
Paid maternity leave means an unbroken period of leave comprising of 9 weeks paid at
full pay or 18 weeks paid at half pay (or a combination of full pay or half pay provided the
leave does not exceed the equivalent of 9 weeks on full pay) taken by a female employee
in connection with the pregnancy or the birth of a child of the employee.
Entitlement to paid maternity leave is derived from the Local Government Award.

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Paid special maternity leave
Paid special maternity leave means an unbroken period of leave comprising of 9 weeks
paid at full pay or 18 weeks paid at half pay (or a combination of full pay or half pay
provided the leave does not exceed the equivalent of 9 weeks on full pay) taken by a
female employee where the pregnancy of the employee terminates before the expected
date of birth (other than by the birth of a living child), or where she suffers illness related
to her pregnancy, and she is not then on paid maternity leave.
Paid special maternity leave is provisional upon a medical practitioner certifying such
leave to be necessary before the employees return to work.
Entitlement to paid maternity leave is derived from the Local Government Award.
Unpaid maternity leave

Maternity leave is unpaid leave to which female employees are entitled before, during
and after the birth of a child. An employee is entitled to unpaid maternity leave only if the
employee has had at least 12 months continuous service with the employer and eligibility
ceases upon the first anniversary of the child's birth.

The Act grants the employee the right of return to their former position when parental
the employee on parental leave to return to work.

Early return from parental leave: Fourteen days' notice by the employee is required and
is subject to the approval of the general manager.
Extending parental leave: The employee has the choice, once only, to extend parental
leave and must give the council 14 days notice to do so. Further extensions are subject
to the approval of the general manager.
Notice of intention to take paid maternity leave

The employee must:
¾ Provide council with certification of the expected date of confinement at least 10

weeks before the child due. This is known as the first notice;

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¾ Advise council in writing of her intention to take paid maternity leave (and other
forms of leave) and the proposed start date at least 4 weeks prior to that date. This
is known as the second notice.
¾ Provide a signed statutory declaration that the employee will be the primary care
giver to the child and that the paid maternity leave will not be taken in conjunction
with any partner accessing paid parental leave entitlements.

The Act requires council to inform employees of their parental leave entitlements as soon
as council is aware that an employee or spouse is pregnant or is adopting a child.
Alternative duties for pregnant employees

If council receives medical advice that it is inadvisable for a pregnant employee to
continue in her current position, then council must transfer her to another, more
manageable position, with the conditions and rates attached to that position, if such a
transfer is possible. If it is not, the employee may be required to take sick leave or leave
classified as maternity leave for as long as is certified necessary.
Return to work during periods of parental leave

The Act allows an employee on parental leave in the form of unpaid maternity leave, with
the agreement of council, to break the period of leave by returning to work with council on
a full-time, part-time or casual basis. The period of leave cannot be extended by such a
return to work beyond the maximum period of leave authorised by the Act.
Payment
Full time employees: Payment for paid maternity leave and paid special maternity leave
is at the ordinary rate applicable prior to the commencement of the leave period.
Permanent part time employees: Employees working as permanent part time

employees are to be paid at their ordinary part time rate of pay calculated on the regular
number of hours worked.
Casual employees: A casual employee's rate of pay is to be calculated by averaging

the employee's weekly wage in the 12 months immediately prior to the employee
commencing paid maternity leave or special maternity leave.

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Commencement of leave
The employee may choose to commence maternity leave (either paid or unpaid) before
the expected date of the birth.
Duration and combinations of leave

Annual leave, long service leave, unpaid maternity leave and any accumulated time in
lieu may be taken in conjunction with paid maternity leave and paid special maternity
leave, subject to council approval, provided that the total period of leave does not exceed
52 weeks. Employees may take periods of annual leave and long service leave during
unpaid maternity leave at half pay.
Any period of paternity leave taken by the employee's spouse reduces the employees
entitlement to a total period of absence of 52 weeks by an equivalent amount.
Impact of public holidays on paid maternity/special maternity leave

Paid maternity leave and special maternity leave is exclusive of public holidays.
Where a public holiday falls during a period where the employee has taken paid maternity
leave or annual or long service leave on half pay, the public holiday shall also be paid at
half pay.
Service
Periods of paid maternity leave or paid special maternity leave is taken into account in
calculating the employee's long service, annual and sick leave accruals. All entitlements
shall accrue during periods of leave at half pay on a proportionate basis.
Unpaid maternity leave does not count as service but does not break the continuity of
service.
Engaging in other paid work

The employee is not to engage in any form of paid work whilst absent on paid or unpaid
maternity or special maternity leave without the approval of the General Manager.

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Impact of paid /unpaid leave on superannuation and authorised
deductions
Taking of paid maternity leave on half pay may impact upon an employees authorised
payroll deductions.
Employees should be advised to contact council's payroll officer to seek advice in relation
to deductions, superannuation payments, etc

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Applicability
This policy applies to:
¾ Full time and part time female employees who have had 12 months continuous
service with council immediately prior to the commence of maternity leave or
special maternity leave; and
¾ Female casual employees who have worked on a regular and systematic basis with
council for at least 12 months prior to the commencement of maternity leave or
special maternity leave.
Eligibility and Entitlement

Maternity leave is available to female employees. The employee may choose to start
maternity leave before the expected date of confinement. Maternity leave may not extend
beyond 52 weeks absence of leave in total.
Eligibility for maternity leave ceases upon the first anniversary of the child’s birth. The
length of maternity leave is reduced by the amount of paternity leave taken by the
employee’s partner.
To be eligible for maternity leave an employee must have completed 12 months

continuous service with Council immediately prior to commencement of leave in a full-
time, part-time or regular and systematic casual basis.
Eligible employees are entitled to paid maternity leave on the basis of payment of nine
weeks at full pay or 18 weeks at half pay or a combination of full pay or half pay provided
the leave does not exceed the equivalent of nine weeks on full pay. The period of paid
maternity leave is exclusive of public holidays and Council grant days where applicable.
That part of the employee’s leave which constitutes unpaid parental (maternity) leave
shall not be regarded as service for the purpose of computing long service leave, sick
leave or annual leave however such unpaid leave does not constitute a break in the
continuity of the employee’s service with Council.
Maximum period of absence on leave

In combination, maternity leave (and paternity leave of the employee’s partner where
applicable) and absence on any other form of paid / unpaid leave may not exceed 52
weeks. Maternity leave and paternity leave cannot be taken by the partners
simultaneously except for one week’s paternity leave immediately following confinement.
Annual leave and long service leave may be taken in conjunction with maternity leave,
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subject to the approval of the General Manager (or another officer with delegated
authority), provided that the total period of leave does not exceed 52 weeks.
Application and approval of maternity leave

For maternity leave, the employee must:
¾ Provide Council with certification of the expected date of confinement at least 10

weeks before the child is due;
¾ Submit an application for maternity leave at least four weeks prior to the start date
accompanied by written evidence of the anticipated date of confinement; and
¾ Provide a statutory declaration that the employee will be the primary care giver.
The employee’s application for leave should clearly indicate whether the employee
wishes to be paid 9 weeks pay on full pay or 18 weeks at half pay (or the required
combination does not exceed the equivalent of 9 weeks on full pay)..

The employee is entitled, once only, to extend the period of maternity leave by giving 14
days’ written notice to the General Manager. Further extensions to the leave period are
subject to the General Manager’s approval.
Shortening the period of maternity leave is subject to the General Manager’s approval.
Applications to vary the period of maternity leave are to be made in writing and give 14
days’ notice.
In unforeseen circumstances, such as miscarriage, still birth or infant death, Council shall
adopt the provisions of the Industrial Relations Act and take into account the particular
circumstances of each case.
Alternative duties for pregnant employees

If Council receives medical advice that a pregnant employee should not continue in her
current position, Council shall adopt one of the following alternatives:
¾ Change the duties of her current position.
¾ Transfer the employee to another, more manageable position, at the rates and with
the conditions attached to or appropriate to that position.

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¾ If the preceding alternatives are not possible, the employee will be required to
proceed on maternity leave for as long as is certified necessary.
Right of return to work

When maternity leave ends, the employee will return to their former position. If it is no
pay.

The General Manager (or another appropriate officer with delegated authority) shall
formally advise employees engaged or transferred to replace an employee on maternity
leave, that their employment may be terminated or their transfer discontinued earlier than
anticipated, if early return from maternity leave is approved. Any letter of appointment
issued to a replacement or transferred employee is to include a paragraph as follows:
“The employee of Council you have been engaged to replace on a temporary basis is
currently on Parental (Maternity) Leave. Notwithstanding the period of the temporary
employment state above, it may be necessary to terminate your temporary employment
in accordance with provisions of the Local Government (State) Award should the
employee return to work earlier than currently approved.”
Return to work during unpaid maternity leave

An employee on unpaid maternity leave may, with approval of the General Manager (or
another appropriate officer with delegated authority) break the period of leave to return to
work on a full-time, part-time or casual basis. The length of absence on maternity leave
granted cannot be extended by such return to work beyond the maximum period of
twelve months.
Variation

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Leave for Civil Emergencies
Aim
This section contains guidelines for granting leave to employees who are active members
of bushfire brigades or of the State Emergency Services so that they can fight bushfires
or help in other emergencies.
Legislation
Council has a responsibility under section 8 of the Occupational Health and Safety Act
2000 for the general health, welfare and safety of its employees. There should be a
consideration as to whether there should be a compulsory break before returning from
leave and whether there should be an assessment of capacity to return to duty at no risk
to the employee or others. If it is decided that there should be an assessment and break,
consideration should be made of the expense incurred and whether the break is paid or
not.
Emergency types
The granting or refusal of leave and the duration of the leave granted may depend on
whether the emergency is a local accident or a local fire, a planned hazard reduction
exercise in the district, a significant fire in the district, a declared emergency in the state
or a declared emergency in another state.
Payment and reasons for leave

Council should consider whether to grant leave with or without pay and what are
considered to be adequate reasons for the granting of leave.
Definitions
Emergency
Refer to section 44 of the Rural Fires Act 1997 and Regulations and the NSW
Government Gazette declarations.

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Applicability
This policy applies to all employees who are volunteer members of bushfire brigades or
the State Emergency Services.
Granting of leave without pay

Employees who are volunteer members of bushfire brigades or the State Emergency
Services will be granted leave without pay when there is a recognised emergency so that
they can help fight fires or carry out search, rescue or support operations.
Council may choose to refuse to grant leave without pay if an employee’s absence will
cause exceptional inconvenience or hardship in the workplace, or jeopardise the safety or
security of council operations, other employees or the public.
Return to work
Council may require an employee who has taken leave for a civil emergency to provide
proof of fitness to return to work before resuming normal duties.
Variation

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ADF Reserves Service (Military Leave)
Reviewed October 2005
Aim
This section contains guidelines for granting leave of absence to employees who are
members of the Australian Defence Force (ADF) Reserve so that they can fulfil their
obligations.
Obligation to support national security
As a public employer, council may be seen to have an obligation to support activities
which involve national defence and security.
Legislation
Military leave is regulated by the following legislation:
Defence Act 1903

Defence Reserve Service (Protection) Act 2001(Cth)
Although reservists undertake most of their training in their own time (mainly evenings
and some weekends) they may be asked to participate in an annual training period,
usually of two weeks duration. Under the Defence Reserve Service (Protection) Act 2001
(the Protection Act), employers have a range of obligations in respect of reservists.
In summary, when protection provisions are in force, the employer is required to:
¾ Not discriminate against an employee in their terms and conditions of employment

because the employee renders or volunteers to render defence service;
¾ Not hinder in any way, a employee from carrying out defence service or becoming a
member of the ADF Reserves;
¾ Re-employ the employee after defence service;
¾ Not compel employees to use annual leave/long service leave for defence service;
and
¾ Treat the employee as on leave without pay during call-out and protected voluntary
continuous full time service.

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The Protection Act does not oblige an employer to do any of the following in respect of
the period of service of an employee who is, or has been absent on defence service:
¾ Pay the employee’s remuneration in respect of the civilian employment;
¾ Grant the employee’s entitlements in respect of the civilian employment;
¾ Meet the employer's obligations under worker's compensation law to pay premiums,
contributions or similar payments in relation to the member.
Broadly, the protection provisions apply to all forms of defence service with the exception
of unprotected voluntary continuous full time service. The designation of a period of
defence service as protected or unprotected, will occur prior to the formal offer of any
period of continuous full time service.
LGA Policy
In 1999, the Annual Conference of the Local Government Association of NSW adopted a
policy of support for Defence Reservists employed by local councils by paying them their
normal rate of pay during periods of continuous service when on their annual field
exercise or promotions course.
Superannuation
While on defence leave, the employee must continue to pay normal superannuation
contributions. Under provisions of the Protection Act, a council is not obliged to meet the
employer's obligations under the Superannuation Guarantee (Administration) Act 1992 in
respect of the period of unpaid defence leave. However defence leave is prescribed
leave for the purposes of the Retirement Scheme (Div B), Basic Benefits Scheme (Div C)
and the Defined Benefits Scheme (Div D). Therefore under these Divisions, councils (and
employees) must continue to pay their normal superannuation contributions while
employees are on unpaid defence leave, unless the employee elects not to contribute
superannuation during the period of such defence leave.
Continuity of service
Unpaid defence leave does not count as continuous service for annual leave, long
service leave, sick leave or any other relevant entitlements.
Fixed-term or temporary contracts

Periods of defence leave do not extend the term of fixed-term or temporary employment
contracts.

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Employer Support Payment Scheme (ESP)
The Employer Support Payment Scheme (ESP) is available to help offset the costs
employers incur for releasing employees for service in the Naval, Army or Air Force
Reserves. It applies to full time and part time employees.
The criteria to qualify for ESP payments are:
¾ The employee’s periods of defence service must be a minimum of 5 consecutive

days;
¾ The employee must have served a qualifying period of 14 days’ defence service (in
a single period or blocks of five consecutive days or longer) with council in the
current financial year;
¾ Council must submit claims within 6 months of the first day of service for which the
claims are being made. Claims submitted outside of this period will require special
justification;
¾ Council must release the employee on defence leave or leave without pay and not
require them to use their leave entitlements;
¾ Council must agree to protect the employee’s job.
Note: The weekly rate for the ESP is $991.20 as at 1 July 2005. The rate is assessed at
the end of each financial year.

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Applicability
Benefits
Council acknowledges that defence service enhances job performance as well as
contributing to national security.
Granting leave
Council will not in any way hinder an employee who is a member of the ADF Reserves
from undertaking defence service and will grant defence leave for attendance at training
and promotions courses or redeployment on an operation or exercise.
Make-up pay
Where council grants the reservist defence leave, with the exception of leave to attend to
call-out or protected voluntary continuos full time service, council will pay the reservist the
difference between their normal rate of pay and the amount the reservist receives from
the military for the period of such defence leave.
Note: Council may wish to set a limit on the period of defence leave for which make up
pay will be approved.
Absence during call-out and protected voluntary continuous full time

service
Council will treat a reservist as on leave without pay during call-out and protected
voluntary continuous full time service.

Reservists must provide documentary evidence showing they are required to undertake
defence service. They should also give a minimum of one month's notice, whether or not
supporting documentation is available at that time.
Variation

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Part-Time Employment
Aim
This section establishes guidelines for part-time employment.
Legislation and awards
Part-time employment is covered in the Industrial Relations Act. The Local Government
Award, and the Local Government (Electricians) State Award define part-time
employment and provides for pro-rata application of conditions.
Conversion of leave balances and entitlements

Council's consultative committee must be informed of conversion from full-time to part-
time/from part-time to full-time before conversion of leave balances. Leave balances are
converted to the part-time equivalent when an employee transfers from full-time to part-
time employment. Similarly, leave balances from part-time employment are converted to
the full-time equivalent when an employee transfers from part-time to full-time
employment.
Applications by employees for conversion of full time positions to part time due to carer's
responsibilities need to be examined carefully. The desire of the employee to work an
altered arrangement needs to be weighed against the requirements of the organisation.
Consideration must be given to reasonable adjustments that council may be able to
introduce to assist the employee to meet their carer's responsibilities in both the short
and longer term.
Hours of work
In determining the appropriate hours for a part-time position, council should take into
account the type of work performed, the needs of council and flexibility in being able to
vary hours. Council also needs to determine:
¾ if there is any practical minimum number of hours for part-time positions;
¾ if employees should be able to have more than one part-time position;
¾ how existing leave balances and entitlements should be handled when an

employee transfers from full-time to part-time or vice versa;

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¾ how to vary from part-time to full-time employment or job-share and vice versa;
¾ the award provides that a part-time employee is engaged on the basis of a regular
number of hours which are less than the full-time ordinary hours in accordance with
the award.
The Local Government Award provides for a change to the spread and arrangement of
hours and payment for such hours by agreement with the employee(s) and management
and referred to the consultative committee for recommendation to council.
The Award also provides that the alteration of a full time position to part time and vice
versa shall be referred to the consultative committee for its information.
Overtime
Part time employees are paid overtime where a part time employee works hours outside
of the agreed ordinary hours for the position although a part time employee may work
more than their regular number of hours at their ordinary rate by agreement. Where a
part time employee works outside of the spread of ordinary hours for the position,
overtime shall apply.
Superannuation
Part-time employment carries a cost to council in the recalculation of superannuation
contributions. Superannuation costs will vary when an employee transfers from full-time
to part-time employment and from part-time to full-time employment.

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Applicability
This policy applies to all part-time employees.
Part-time employment contracts

Council will nominate positions that can be filled on a part-time basis and designate the
weekly hours of work. Work arrangements, working days and starting and finishing times
(or hours per day) must be included in the employment contract. Variations to the
working week are allowed only by mutual agreement and reference to the consultative
committee.
Approved variations to the working week will be documented. A copy of that record will
be provided to the employee and a copy placed on the personal file.
Continuing permanent and fixed-term part-time employment

Part-time employment may be on a continuing or fixed-term basis.
Conditions of employment for part-time employees

Part-time employees have the same rights and entitlements as full-time employees
except that they are applied on a pro-rata basis. Flexi-time and rostered days-off or
similar arrangements are not available.
Requests for transfer from full-time to part-time

Council will consider requests for transfer from full-time to part-time employment,
providing there is no change in the nature of the position. Council shall also have regard
to balancing efficiency and work organisation concerns against the merits of the
employee's request for transfer from full-time to part-time employment and vice versa.
Where an employee requests such a transfer council should have regard to anti-
discrimination legislation and its own operational requirements. The consultative
committee shall be informed of such transfer.
Changes to hours upon transfer or promotion

When employees change positions they must work the hours nominated by council for
the "new" position unless otherwise agreed. This applies to employees who convert from
full-time to part-time, from part-time to full-time and from one part-time position to
another.

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Only one part-time position at any one time
An employee may not occupy at any one time more than one part-time position with
council, unless the general manager (or another appropriate officer) has given express
permission.

Leave balances are converted to the part-time equivalent when an employee transfers
from full-time to part-time employment. Similarly, leave balances from part-time
employment are converted to the full-time equivalent when an employee transfers from
part-time to full-time employment.
Variation

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Casual Employment
Aim
This section contains guidelines for reinforcing the rights, entitlements and obligations of
casual employees.
Awards
Casual employment is covered by the Local Government Award, and the Local
Government (Electricians) State Award. These state that casual staff are not to replace
council employees on a permanent basis.
Pay rates - casual loading

The loading for casual employees is 25 per cent of the normal hourly rate. This
represents payment-in-lieu of all categories of leave and severance pay prescribed by the
Local Government Award , except for paid maternity leave and does not attract any
penalty. In other words, if an employee works overtime, the 25 per cent loading is
calculated on the ordinary rate of pay.
In-house guidelines for casual employment

Council may wish to establish its own guidelines for casual employment, especially in
regard to:
¾ in what circumstances casuals may be employed;
¾ setting limits on how many casuals are employed and how long they are employed
for;
¾ the applicability of the normal spread of hours to casual employees;
¾ using casual employees outside normal working hours;
¾ setting overtime thresholds;
¾ applying overtime rates to casual employees;
¾ the minimum period a casual employee may be appointed for;
¾ casual employees may be exempt from unfair dismissal access unless they are

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casuals who:
(i) are engaged by a particular employer on a regular and systematic basis for a
sequence of periods of employment during a period of at least 6 months; and
(ii) would, but for the dismissal, have had a reasonable expectation of continuing
employment with the council.
Casual employees engaged on a regular and systematic basis

Casual employees engaged on a regular and systematic basis shall:
¾ Have access to an annual assessment under council's salary system.
¾ Have their service as a casual counted as service for the purpose of calculating
long service leave where the service as a casual employee is continuous with their
appointment to a permanent position on council's structure. In calculating the long
service leave entitlement in such cases council should deduct long service leave
accrued whilst the employee was employed as a casual.
¾ Female casual employees who have worked on a regular and systematic basis with
council for at least 12 months prior to the commencement of maternity leave or
special maternity leave, have an entitlement to paid maternity leave in accordance
with provisions of the Award.
Pay days for casual employees

Casual employees should be paid at the end of each day they work.
Casual employees engaged on a regular and systematic basis should be paid on the
normal pay day.
Definitions
Casual employee
A casual employee is one employed on a day-to-day basis where the length of the
engagement may vary from day to day. There is no expressed or implied continuity of
work with the council.

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Applicability
This policy applies to casual appointments and casual employees.
Uses and limits for casual employment

Casual employment may be offered for:
¾ relief purposes to meet special work demands;
¾ sessional work where work requirements may vary from day to day.
It is not to be used as a substitute for continuing or fixed-term employment.
Period of engagement
The minimum period a casual employee can be engaged is one day.
Termination
The services of casual employees terminate at the end of each day. In cases of
misconduct council can dismiss a casual employee instantly.
Variation

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Job-Sharing
Aim
This section contains guidelines for job-sharing arrangements.
Job-sharing is not covered by legislation. Clause 21 of the Local Government Award
provides the minimum conditions under which job sharing may be implemented.
Advantages of job-sharing
Job-sharing has the advantage that job-sharers are interchangeable:
¾ when one is absent, the other can fill in;
¾ two or more employees bringing different and additional skills, perspectives and
experiences to a job;
¾ flexibility in scheduling hours and/or days of work;
¾ a better balance between work and other activities and responsibilities.
Communication and compatibility

The success of job-sharing depends on the personal compatibility of the job-sharers and
on good communication between job-sharers and their supervisor. There should be one
clearly designated supervisor for the job-sharing participants.
Labour on-costs
Job-sharing may involve extra labour on-costs - particularly administrative overheads
such as payroll and leave management - and may demand different workplace
arrangements, such as ergonomics and protective gear, for the job-sharers.
Conditions
Pro-rata conditions generally apply, on the same basis as for part-time employees.
However, it may defeat the purpose of job-sharing to grant flexi-time or rostered days-off.
The job-sharers in conjunction with council shall agree on the hours to be worked. The
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agreement shall specify the number of ordinary hours to be worked by each job-sharer.

Job-sharers leave entitlements may be required to be adjusted at the end of each service
year to account for the actual hours worked by each job-sharer. A change to job-sharing
from full-time or part-time employment or vice versa does not break the continuity of
service. All accrued entitlements shall be calculated in proportion to the hours worked in
each employment arrangement
Hours of work
In determining the appropriate hours for a job-share position, council should take into
account the type of work performed, the needs of council and flexibility in being able to
vary hours. Council also needs to determine:
¾ the practical minimum number of hours for job-share positions;
¾ if employees should be able to have more than one job-share position;
¾ how existing leave balances and entitlements should be handled when an

employee transfers from full-time or part-time to job-share or vice versa;
¾ how to vary from job-share to part-time or full-time employment and vice versa;
The Local Government Award provides for a change to the spread and arrangement of
hours and payment for such hours by agreement with the employee(s) and management
and referred to the consultative committee for recommendation to council.
The award also provides that the alteration of a full time position to part time or vice versa
shall be referred to the consultative committee for its information.
Overtime
Job-share employees are paid overtime where a job-share employee works hours
outside of the agreed ordinary hours for each job-sharer although a job-sharer may work
more than their regular number of hours at their ordinary rate by agreement. Where a
job-sharer works outside of the spread of ordinary hours, overtime shall apply.
Superannuation
Job-share employment carries a cost to council in the recalculation of superannuation
contributions. Superannuation costs will vary when an employee transfers from job-share
to full-time or part-time employment and from part-time or full-time employment to job-
share.

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Managing job-sharing
Council should retain control over the extent of job-sharing, the categories of positions to
which it applies and the job-sharing arrangements themselves. It may be appropriate
either to have all job-sharing arrangements subject to periodic review or to establish all
job-sharing arrangements for fixed terms only. It may be inappropriate to have
managerial and supervisory positions in job-sharing arrangements. Where an employee
requests job-sharing, council should have regard to anti-discrimination legislation and its
own operational requirements. Council should also ensure that the issues of relief when
one (or more) job-sharers is absent from work are agreed and understood. Relief
arrangements should form part of the job-share conditions.
A job-sharing arrangement should be reviewed whenever one of the job-sharers leaves.

Note, the award is silent about how to redeploy the remaining job-sharers in the
arrangement.
In the event of a job-sharer vacating the position, council shall review the position and
shall consider filling the vacancy or offering the remaining job-sharer(s) increased hours.
Where there is no agreement or opportunity for increasing the remaining job-sharer(s)

hours, council should apply its normal redeployment procedures.
Definition
Job-sharing
The award defines job-sharing as "a form of part-time employment where more than one
employee shares all the duties and responsibilities of one position."

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Applicability
This policy applies to positions designated "job-share" by the general manager.
Conditions of job sharing

Job-sharing is subject to the following conditions:
¾ the terms of a job-share arrangement or any variation to it must be in writing. A

copy of the arrangement and any variations to it will be provided to the job-sharer(s)
by the council;
¾ positions are in categories designated by the general manager or other appropriate

officer and do not include managerial or supervisory positions;
¾ positions which would otherwise be filled on a full-time basis;
¾ a job-share position involves no more than 3 employees each of whom must work a
minimum of 12 hours per week;
¾ job-sharing is based on an agreed division of time;
¾ once the division of time has been agreed, it may not be varied unless the general
manager gives approval;
¾ the maximum term of any job-sharing arrangement is 2 years and this is subject to
review prior to the end date;
¾ day-to-day management of a job-sharing arrangement is the responsibility of the

job-sharers;
¾ in the absence of a job-sharer, the remaining job-sharer(s) shall be required by

council to relieve the absent job-sharer provided the remaining job-sharer(s) are
reasonably available;
¾ in the event of a job-sharer vacating the position, council shall review the position
and shall consider filling the vacancy or offering the remaining job-sharer(s)
increased hours;
¾ where there is no agreement or opportunity for increasing hours of the remaining

job-sharer(s) council shall apply its normal redeployment procedures.

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Variation

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Temporary Employment
Aim
This section contains guidelines for employing staff on a temporary basis.
Legislation
Section 351 of the Local Government Act provides that when a position (including a
senior staff position) within the organisation structure of the council is vacant or the
holder of such a position is suspended from duty, sick or absent:
(a) the council, in the case of the general manager's position; or

(b) the general manager, in the case of any other person may appoint a person to the
position temporarily.
A person who is appointed to a position temporarily may not continue in that position for a
period of more than 12 months.
It should be noted that section 348(3)(b) of the Act restricts the temporary engagement of
an employee in a position to 2 or more periods which do not exceed 12 months over any
period of 2 years.
Minimum term
The Act does not specify a minimum term for temporary employment. However, it is
recommended that any fixed-term employment contract should be for a minimum of 3
months. For short periods or periods of unforeseen vacancies, council could use casual
employment.
Recruitment of temporary staff

The provisions of the Local Government Act in respect to advertising and selection on
merit do not apply to the recruitment of temporary staff.
Conditions of service for temporary employees

Legislative and award provisions apply to temporary employees. Council will have to
determine which council policies will also apply to temporary employees.

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Maximum Term
Section 351 of the Local Government Act stipulates that temporary appointments to
vacant positions may not exceed 12 months.

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Applicability
This policy applies to all temporary employees.
Reasons for recruiting temporary employees

Council may recruit temporary employees for a number of reasons:
¾ to replace staff on leave;
¾ as short-term secondments;
¾ for temporary assistance to augment staff shortages.
Conditions of employment
Temporary employees will be covered by council's policies and procedures except where
specified.
Variation

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Fixed-term employment
Aim
This section provides guidelines for establishing the basis of fixed-term employment
offers and for limiting the duration of fixed-term appointments.
Award provisions
The Local Government Award provides that a Council may employ a person on a term
contract in an ongoing position that is evaluated as Professional/Specialist Band 3, Level
4 or the Executive Band 4 of the award where:
(a) the council and the employee agree

(b) where the contract includes a clause that a further term contract for the position
shall be offered to the employee if the employee’s performance remains at a
satisfactory level during the term of the contract and the position continues to exist
at the end of the term of the contract, and
(c) the term of the contract is a minimum of three years and a maximum of five years
Legislation
The Local Government Act provides for senior staff to be employed on fixed-term
performance based contracts of employment. There is no legislation preventing award
covered employees from entering into fixed-term contracts of employment. However
council should note that fixed-term contracts with notice/renewal/termination provisions
are not necessarily regarded as fixed-term contracts for the purpose of avoiding the
unfair dismissal provisions under Industrial legislation, see Evans v Australian Defence
Apparel Pty Ltd (2002), D’Lima v Board of Princess Margaret Hospital for Children
(1995).
The commission may deem a contract is not a genuine fixed term contract if:
1. It includes a provision that notice is given on termination of employment.
2. The contract expires and continually gets renewed
3. If the position is not for a specific task, and that the employer cannot adequately
justify a good basis for appointing the employee under a fixed term contract.

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Length of fixed-term employment contracts
Council should set minimum and maximum periods of appointment. The Local
Government Act states that fixed-term contracts for senior staff positions cannot exceed
5 years; this is appropriate as a maximum period. As a general rule, the length of a fixed-
term contract should relate to project funding and completion date.
Senior staff who perform engineering duties as part of their contract, are covered by a
federal award called the Local Government Engineers Senior Staff (NSW) Award 1999.
What to include in a fixed-term employment contract

The fixed-term nature of the contract should be made clear. Other fixed-term conditions
should reflect the conditions found in permanent employment contracts.
Council's obligation to advise finish date

If a fixed-term contract stipulates a finish date, council has no legal obligation to remind
the employee that the finish date is imminent, unless the contract itself specifies that
council has such an obligation. However, council should give the employee the award
prescribed notice that the contract's finish date is imminent.
In the interest of certainty the employee should not work past the contract's finish date.
If the term of the contract is implied - for instance, when the contract is due to expire
upon a project's completion, then council is obliged to give the employee notice at least
equal to the award provisions.
Advertising to recruit fixed-term employees

All fixed-term appointments which are expected to exceed 12 months must be advertised
in accordance with the Local Government Act.
Definition
Fixed-term employment
Fixed-term employment is employment for a finite period, explicitly or implicitly. At the
time of appointment the appointee knows that the position has a specified finite life and
that the contract contains no expectation of continuing employment.

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Applicability
This policy applies to all fixed-term appointments other than senior staff positions
appointed under the Local Government Act.
Minimum and maximum periods for fixed-term employment

The minimum period for a fixed-term contract is 3 months. The maximum period is 5
years.
Reasons for offering fixed-term employment

Fixed-term employment may be offered under the following circumstances:
¾ the position to be filled relates to a particular project, activity or initiative which has a
known finite life of less than 5 years;
¾ the position is subject to the availability of funds;
¾ the position has been created to fill in for an employee who will be absent for at
least 3 months;
¾ council and the employee agree to a fixed-term position prior to drawing up the
contract.
¾ to trial a new work area for a limited duration which is not longer than reasonably
necessary (NB: The contract should clearly indicate that if the new work area
continues beyond the trial period, the position will be filled on merit, in accordance
with the requirements of the Local Government Act)
Essential elements in a fixed-term employment contract

Council's fixed-term employment contract must contain:
¾ explicit start and finish dates or information which clearly implies a fixed-term
appointment;
¾ details of the employee's position, award classification (where appropriate) and

commencing salary.

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Advice of finish date
Council should give the employee notice in accordance with clause 29 of the Local
Government Award of the date the employee is due to finish, except where the finish date
is stated explicitly in the employment contract.
Conditions of service for fixed-term employees

All relevant legislation, award provisions and council policies apply to fixed-term
employees.
Variation

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Work experience
Aim
This section contains guidelines for participating in work experience programs.
Legislative requirements
Under provisions of the OHS Act 2000 and the OHS Regulation 2001, council must
ensure that work experience participants receive induction training that covers the
following:
¾ Arrangements at the place of work for the management of occupational health and
safety, including arrangements for reporting hazards to management,
¾ Health and safety procedures at the place of work relevant to the work experience
participant, including the use and maintenance of risk control measures,
¾ How work experience participants can access any health and safety information
that the council is required to make available to employees, and
¾ Any other information that the Regulation specifies should be the subject of
induction training and is relevant to the work experience participants place of work.
Under provisions of the Children Protection (Prohibited Employment) Act 1998, work
experience participants working in an environment which requires employees of council
to complete a Prohibited Persons Declaration and undergo a "Working with Children
Check" are subject to the same requirements.
Placement agencies
The placement of work experience participants is usually undertaken by agencies
involved in labour market programs. Placements will usually directly involve the relevant
government department and organisations operating directly or indirectly as agents of
that department.
There are some placement organisations - schools, colleges, TAFEs and many private
organisations - which are not regulated by government labour market programs. When
dealing with placements by these organisations, it is council's responsibility to protect
itself against all foreseeable workplace eventualities.

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Insurance for work-related injury and illness
Councils must ensure that work experience participants are adequately insured against
workplace injury and illness. This is usually part of council's agreement with the
placement agency.
It is up to each council to decide what insurance it considers adequate. It is

recommended that insurance should include cover against workplace injury and illness,
and accidental and deliberate damage to equipment.
There is adequate insurance cover under some schemes but council should check the
guidelines and cover provided.
Duties of work experience participants

Work experience participants should not be regarded as substitutes for paid employees,
nor should they be used to replace staff who are absent.
So that work experience is valuable and measurable, council should assign participants
to projects that cannot be accomplished with normal staffing levels. It is helpful for
council and the work experience participant to draw up a plan of activities and agree
upon it before the placement begins.
Council should consult with in-house union representatives to ensure that council
employees are not concerned by the placement of work experience participants.
Financial obligations
Council is under no obligation to pay work experience participants for their services.
Participants who are in labour market programs will already be receiving some form of
government benefit. Council is obliged to reimburse out-of-pocket expenses in the same
way as it would for paid employees.
Working conditions
Working conditions for work experience participants should be basically the same as for
paid employees. However, some variations which facilitate their work experience
program - such as time-off for training and meetings or interviews with representatives of
the placement, department or agency - may be required from time to time.
Payment, if any, for work experience participants would be in accordance with the
guidelines for the scheme or the award.
Under no circumstances should work experience participants be used for overtime or out

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of hours activities.
In-house mentor and reporting relationships
Council should appoint an in-house mentor (usually the officer responsible for managing
human resources) to supervise placements. This is to ensure that the agreed programs
are adhered to, that there is clear communication between the placement agency, the
individual participants and council, and that grievances are addressed. Participants will
also need to report to their area supervisor or manager.

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Applicability
This policy applies to all work experience participants.
Acknowledgment of obligation
Council accepts that it has an obligation to facilitate and assist government labour market
and community-based work experience programs.
Council will not use work experience participants for routine, or similar, activities as a
substitute for paid employment.
Insurance cover
Council will determine the categories and extent of insurance cover required by
participants and/or placement agencies in order to minimise or eliminate any risk to
council in deploying work experience participants. Before any participant starts work, the
general manager or appropriate officer must be satisfied that the required insurance is in
place.
Appointment of in-house mentor(s)

The general manager will appoint an officer to act as in-house mentor to work experience
participants during their placements. The appointment carries the following
responsibilities:
¾ ensure that council-determined insurance provisions for work experience

placements are met;
¾ communicate with the placement agency, participants and council departments;
¾ help set up work experience programs for individual participants or groups of

participants;
¾ conduct or facilitate induction programs for work experience participants;
¾ monitor progress and ensure that the agreed work programs are adhered to;
¾ handle any grievances.
Occupational health and safety training

Before their placement begins, all work experience participants must take part in a
program which familiarises them with workplace health and safety requirements,

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including the use of any personal protective equipment used.
Child Protection Provisions

Under provisions of the Children Protection (Prohibited Employment) Act 1998, work
experience participants working in an environment which requires employees of council
to complete a Prohibited Persons Declaration and undergo a "Working with Children
Check" are subject to the same requirements.
Working conditions
Work experience participants are expected to maintain the same standards of
confidentiality, courtesy, organisational discipline and compliance with policy as are
required of paid employees.
Reimbursing out-of-pocket expenses

Work experience participants are entitled to claim for out-of-pocket expenses under the
same conditions as paid employees.
Variation

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Volunteers
Aim
This section contains guidelines for organising volunteer workers.
Status of volunteers
Volunteer workers should not be used as substitutes for paid employees. Ongoing use of
volunteers should therefore be avoided.
Council should conduct appropriate consultation with the relevant in-house unions and
Consultative Committee to ensure that the presence of volunteers is not misinterpreted.
Appointment of volunteers to paid employment

Volunteers should not be appointed to paid employment without being selected through
council's normal recruitment processes.
Insurance for volunteers

Workers compensation does not cover volunteer workers, so councils may either:
¾ provide their own workplace insurance for injury and illness;
¾ insist that volunteers insure themselves against injury and illness in the workplace -
subject to council's acceptance.
The second alternative is difficult to police. The first is more reassuring and minimises the
likelihood of public risk claims.
Legislative requirements
Under provisions of the OHS Act 2000 and the OHS Regulation 2001, council must
ensure that volunteers receive induction training that covers the following:
¾ Health and safety procedures at the place of work relevant to the volunteer,
including the use and maintenance of risk control measures,

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¾ How volunteers can access any health and safety information that the council is
required to make available to employees, and
¾ Any other information that the Regulation specifies should be the subject of
induction training and is relevant to the volunteers place of work.
Under provisions of the Children Protection (Prohibited Employment) Act 1998,

volunteers working in an environment which requires employees of council to complete a
Prohibited Persons Declaration and undergo a "Working with Children Check" are subject
to the same requirements.
Selection, induction and supervision

Equal employment opportunity legislation does not apply to volunteer workers.
Nevertheless, council's duty of care for a volunteer worker is substantially the same.
Consequently council needs to pay as much attention to the business of selecting,
inducting and supervising volunteer workers as it does to its paid employees.
Reimbursing out-of pocket expenses

It is council's responsibility to ensure that a task it assigns volunteer workers does not
cause them financial loss. Council must therefore reimburse volunteer workers for any
out-of-pocket expenses - for example, use of own vehicle and fares incurred while
working however this does not extend to compensation for lost wages from other
employment.
Definition
A volunteer is a person who offers service without expectation of remuneration.

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Applicability
This policy applies to all volunteer workers.
Workplace accident insurance

Council will cover all volunteer workers against workplace injury or work-related illness.
Restrictions on duties, hours and periods of employment

Voluntary workers:
¾ will not be used to perform the routine or specialist tasks usually undertaken by paid
employees;
¾ may be deployed only on ancillary duties;
¾ may work for a maximum of 15 hours per week in a voluntary capacity;
¾ may not work for longer than 6 weeks at any one time;
¾ will not be used to perform the duties of paid employees, even in the event of staff
illness or absence.
Future paid employment

Engagement and service as a volunteer worker with council will not be construed as
providing any access to, or right for consideration for future paid employment with
council.
Obligations of volunteers
Volunteer workers are expected to maintain the same standards of confidentiality,
courtesy, organisational discipline and compliance with policy as are required of paid
employees.
Occupational health and safety training

Before starting work volunteer workers must participate in a program which familiarises
them with workplace health and safety requirements.

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Reimbursing out-of-pocket expenses
Volunteer workers are entitled to claim for out-of-pocket expenses under the same
conditions applied to employees of council.
Attendance
Council will keep attendance records for volunteer workers. Volunteer workers are
obliged to advise their supervisor or manager if they are unable to attend work.
Discontinuation of voluntary services, terminating service

Council may advise a volunteer worker that they are no longer required at any time
without notice.

Volunteer workers must complete an application form and be interviewed by the
appropriate supervisor or manager. Before volunteers can start work, the general
manager (or another appropriate officer) must approve their appointment and provide
them with a copy of this policy.
Variation

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Remuneration management
Aim
To develop guidelines for establishing a remuneration strategy.
Legislation
The NSW Industrial Relations Act 1996 stipulates that award salaries must be paid in
cash or with appropriate authority by cheque payable to the employee or by electronic
transfer of funds into an employee's account. However the Act also allows for employees
to authorise their employer to make deductions from their salaries. Provided there is
such an authorisation it may be possible for council to introduce non-cash components
into an employee’s total remuneration package. An increase in an award salary must
also be taken in cash; a non-cash equivalent such as a car may not be substituted.
The role of job evaluation

Job evaluation is a recognised technique for establishing relativities between jobs in an
enterprise and thus for establishing actual salary levels within an organisation. Its
application beyond the enterprise is limited because it cannot realistically take into
account loadings which some categories of position may attract due to labour market
demand, remoteness of location and so on.
The major advantage of job evaluation is that it is systematic. It applies the same criteria
and the same measuring techniques to all jobs in an organisation but it is not
unquestionably accurate. Other (non-evaluation) factors may have to be taken into
account - for example, labour market pressures, nature of work, hours of work and
certain historical relationships.
Standing in the remuneration market

Councils may have differing philosophies about their 'place' as employers in the market.
Some may want to be remuneration market leaders (usually in their own industry) in
order to attract and retain the most outstanding staff available. Other councils might not
have such a capacity to pay and opt to utilise non-remuneration attributes such as
locality, relaxed lifestyle in a non-urban environment or access to other benefits (such as
cheaper housing) to attract and retain good staff. This allows councils to offer
remuneration on a more cost effective basis.

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In-house salary/performance system
The Local Government Award requires that a council develop a salary system to
complement its skills-based structure and rates of pay. The award also allows reward for
high performance.
In developing a salary/performance system it is essential to:
¾ identify the parameters of the system, award, council and so on;
¾ set the objectives (establish its primary purpose);
¾ identify the allowances that are to be incorporated in the system and determine the
basis for incorporating them;
¾ determine how employees progress based on acquisition and use of skills;
¾ establish the significance of job evaluation to the system - it may be the system's
foundation, a building block - in the development of the system or a tool for re-
establishing job relativities within the system;
¾ decide whether or not performance will be recognised and, if so, how it links to the
salary/remuneration system.
Progression rules
Progression rules have been established to assist the industry parties to the Local
Government Award, local councils and consultative committees to assist in the operation
of council salary systems and disputes.
At the local level, where a significant issue is identified in relation to the operation of the
salary system, the matter is to be referred to the consultative committee for consideration
and where appropriate for recommendation to the general manager / council for decision.
In the event that a dispute arises the rules detailed below shall be used by the industry
parties to assist in the resolution of such disputes.
1. Banding
The appropriate band for each position shall be determined by reference to the
qualifications and experience descriptor as provided by clause 5 (Skill Descriptors) of the
Local Government Award.

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2. Level and grade
The level and grade of the position shall be established through the evaluation of the
position using the council's Job Evaluation System. The process by which this evaluation
occurs should be consistent with the Job Evaluation Policy as adopted by council.
Positions are to be re-evaluated in the following circumstances:
¾ the position is newly created;
¾ a significant change has occurred in the duties and responsibilities of the position,
which is confirmed by the relevant (director /supervisor);
¾ an evaluation has been conducted and has resulted in an apparent anomaly.
Where an existing position has been re-evaluated and where the outcome is a different
grade, such re-evaluation shall be referred to the consultative committee for
consideration and the current position's incumbent shall be advised accordingly.
Where council does not use a proprietary job evaluation system, the position must be
placed in the award levels consistent with the skill descriptors as provided by clause 5 of
the Local Government Award.
3. Skill steps
Each grade determined through the evaluation process shall have skill steps available
above the entry salary. These steps shall provide reward for employees gaining and
applying additional skills to those recognised through the evaluation process. These
additional skills shall be as detailed in the position description for each position.
Progression through the skill steps shall be facilitated through training.
A council's salary structure should include the number of grades and steps that provide
adequate recognition to discernible differences in the skills applied at that council.
4. Position descriptions
The position description identifies the range of skills, responsibilities, duties and
qualifications in order of priority from the essential criteria to desirable;
These criteria are detailed in each of the skills steps to facilitate the assessment of skill at
the time of the salary review, and to avoid disputes regarding the movement through the
skill steps.
Position descriptions should not impose artificial barriers that prohibit individual salary
progression through the full range of skill steps.
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5. Skills assessment
Council should adopt a consistent and objective method for assessing skill.
An assessment of the skills acquired and used should be undertaken on an annual basis
and in those cases where the employee has acquired new skills that would lead to
progression under the salary system. Salary increases which result from the assessment
are to be operative from the date of review.
New employees should be paid at the skill level rate of pay consistent with the skills they
bring to council. Placement at a skill level higher than the entry level shall occur when
the new employee meets the required skills for the position.
6. Salary review
Annual salary reviews require the manager of the position to determine whether the
employee has acquired and is using the skills necessary to progress to the next step, or
steps.
In the event of a dispute between the employee and the manager on the outcome of the
skills review, the assessment shall be referred to an appeal panel. In the event that the
employee does not agree with the decision of the appeal panel the matter is to be
referred to the appropriate director. The employee may have access to the grievance
and disputes procedure at any point of the appeal process.
7. Other matters relating to the implementation of salary systems
Higher Grade: Under the Local Government Award, an employee required by

management to relieve in a position which is at a higher grade in council's salary system,
shall be paid for all time spent relieving in that position. The rate to be paid is to be
determined by considering the skills/experience applied by the employee relieving in the
position but shall be at least the minimum rate for that position in accordance with the
salary system except where the higher level skills have been taken into account within
the salary of the relieving employee.
Training: Employees shall be provided with reasonable and equitable access to the
training which will facilitate progression.
Allowances (Former Award Allowances Only): Except where allowances have been
incorporated into rates of pay, award allowances should be paid in addition to the rates
established within the salary ranges.

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Budget issues: In considering the budget each year council should ensure that the skill
progression detailed in these rules is properly funded and that employees move through
the skill steps based upon assessment against the criteria detailed in the position
descriptions.
Award variations: The grades and salary steps, as contained within the salary structure
of the salary system shall be increased by the same quantum, and be operative from the
same date as variations in the Local Government Award.
Dispute procedure: Disputes which arise through the operation of council's salary
system are to be handled in accordance with Clause 30 (Grievance and dispute
procedures) of the Local Government Award.
Publication: Copies of the salary system shall be published by council and made
available to all employees. The published document shall contain copies of the current
salary structure and the progressional rules. Each individual is to be provided with a copy
of their position description.
System review: The salary system and the progressional rules shall be reviewed on an
annual basis to ensure they continue to support and reward the skill development
process within council and the increased effectiveness of council's operations.
Present occupants only

Present Occupant Only (POO) is a position where an employee's rate of pay prior to
transfer to a salary system is in excess of the maximum rate for the grade and range
within which that employee's position has been evaluated under a salary system
implemented in accordance with the provisions of the Local Government (State) Award
1995.
Before an employee is declared a POO, the council shall review the following aspects of
the salary system and placement of the employee affected:
¾ review the evaluation of the job to ascertain areas of the job that may not have been
evaluated;
¾ determine whether salary range, and the nature of the work (including dirty and
obnoxious conditions and hours of work) have been considered;
¾ review the skills or competencies required for the position at each relevant salary
point;
¾ review which skills or competencies the employee is required to apply;
¾ examine all agreeable job redesign alternatives;

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¾ offer training to the affected employee as a priority;
¾ involve the employee, and the consultative committee in the review process.
At any stage of the procedure the employee(s) may be represented by the union or its
local representatives and the council by the Associations.
No employee is to be deemed to be a POO unless such arrangement is verifiable and

has been previously acknowledged by the employee and council in writing.
Council may only absorb increases in the following cases:
¾ upon placement in a council's salary system - positions acknowledged and verified

as POO in salary systems established prior to 11 November 1995;
¾ employment at an over award rate of pay - where council has developed and
implemented a salary system and an employee has been subsequently employed
at a rate of pay which is in excess of the maximum rate for the grade and range
within which the equivalent position has been evaluated under the salary system;
¾ senior staff - employees who previously held senior staff positions under section
332 of the Local Government Act paid in excess of the maximum grade and salary
range for the position under the salary system. In such cases provisions of the
contract of employment shall be taken into consideration;
¾ income maintenance - employees whose income has been maintained by

agreement where the rate of pay is above the maximum grade and salary range for
the position under the salary system;
¾ council may only absorb such increases to the extent of any amount paid over the
maximum rate for the grade and range for such position under the salary system.
Remuneration packaging
For remuneration packaging to be effective the concept of Total Employment Cost (TEC)
must be applied. TEC is the total cost to the employer of providing remuneration to an
employee. It includes costs and on-costs that relate to cash components, such as salary,
and non-cash components, such as cars (expressed in cash equivalents), employer
superannuation contributions and fringe benefits tax. It does not include workers
compensation insurance, payroll tax (where not exempt), provisions for leave,
infrastructure costs (such as payroll preparation, record keeping and training and
development) or recruitment-related costs.
Councils should refer to the Associations' Executive Staff Kit 1998 for detailed
consideration of remuneration packaging contains senior and award staff covered by
fixed term performance based contracts of employment.
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Remuneration record
Remuneration records are regarded as financial records and should be treated
accordingly. Records include timesheets; payroll records; individual pay variations;
justifications and calculations; non-cash components of packaged remuneration and its
history; authorised salary deductions; and superannuation (both employer and employee
contributions).
These records must be kept for a minimum of 7 years after an employee's departure. It
may be useful to keep them even longer because they may be valuable in resolving
disputes.
Recognition of prior experience, training and qualifications

In setting employees' starting salaries and deciding what further training they will need,
council is obliged to recognise any relevant prior experience, training or qualifications
they may have, such as:
¾ relevant experience at the required level;
¾ training equivalent to that which is required for the position or for development
within the position;
¾ vocational or professional qualifications which are considered equivalent to those

required for the position, whether they were gained in Australia or overseas.

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Applicability
This policy applies to all employees.
Remuneration levels
Council is responsible for setting general levels of remuneration and will take into
account:
¾ award status and provisions;
¾ legislative requirements;
¾ the capacity to be competitive in the labour market;
¾ industry remuneration trends;
¾ job evaluation outcomes;
¾ outstanding work performance.
Remuneration/performance system
Council will establish and maintain a salary system that complies with the appropriate
provision of the awards, including the minimum progression guidelines issued by the
award parties. Council's remuneration system will also reflect council's attitude to
remuneration and may be varied to respond to labour market changes
Council will use a recognised job evaluation system to help determine remuneration
relativities and individual employee remuneration.
A performance-based pay system will be included in the remuneration system. Council

should determine annually the extent of funding for performance pay.
Role of the general manager in remuneration matters

Within the general remuneration levels and strategies set by council, the general
manager (or another appropriate officer) has particular responsibility for:
¾ approving the effective and appropriate use of remuneration packaging;
¾ varying levels of remuneration on a 'one-off' basis for particular categories of

position in response to market demand, and reporting such variations to council;

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¾ approving performance payments within the limits set by council.
Remuneration records
All relevant remuneration records must be kept for the period an employee is employed
for and for a minimum period of 7 years after that.
Variation

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Salary Sacrifice
Aim
This section contains guidelines for salary sacrifice arrangements between Councils and
their employees and includes a model salary sacrifice agreement.
Award provisions
Salary sacrifice arrangements for Local Government employees are covered by the Local
Government (State) Award 2004 clause 11.
Legislation
The Fringe Benefits Tax Assessment Act 1986 contains relevant provisions concerning
fringe benefits tax (FBT) payable on employee benefits.
Employers must ensure that all salary sacrifice arrangements comply with taxation and
other relevant laws.
ATO taxation rulings and determinations

The Australian Taxation Office has issued relevant rulings/determinations concerning
(FBT) on salary sacrificing for lease back motor vehicles, employer provided child care
facilities and additional superannuation.
Salary sacrifice defined

Salary sacrifice is an arrangement between employer and employee, where the
employee agrees to receive part of gross salary as a benefit rather than as salary. The
effect of such an arrangement, as it conforms with tax rulings or determinations, is to
allow a reduction in the gross salary which is equivalent to the cost of the benefit.
Generally this has the effect of providing the employee with tax -effective benefits.
Benefits that can be salary sacrificed

Under the award, employees are able to enter into salary sacrifice agreements with their
employers covering motor vehicles supplied by their employer under a lease back
arrangement, employer provided child care facilities, and additional superannuation.

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Employer consent
Employer agreement to a salary sacrifice arrangement cannot unreasonably be withheld.
An employer would be justified in withholding consent in circumstances where:
¾ the arrangement will result in substantial additional costs to the employer.
¾ or where the employee has not obtained independent and relevant financial advice.
¾ or where the employer does not supply motor vehicles under a lease back
arrangement.
¾ or where the employer does not provide child care facilities on its own premises.
Salary sacrifice to be documented

The benefits to be salary sacrificed and the value of those benefits must be in writing and
signed by employer and employee.
Details of the value of the benefit to set out in writing should include gross salary, the
amount of salary sacrifice, the after salary sacrifice amount to be taxed, the marginal tax
rate, the amount of FBT and after tax salary. The financial details should be shown on an
annualised basis as well as a pay period basis.
Independent and appropriate financial advice

It is essential that the employee obtains independent and appropriate financial advice
prior to entering into salary sacrifice arrangements.
Employees should also obtain appropriate financial advice when proposing to alter a
salary sacrifice arrangement.
Superannuation, overtime and exit payments

The value of the salary sacrifice benefit is an approved benefit for superannuation
purposes and does not reduce an employee’s superable salary.
An employee’s pre-tax ordinary rate of pay applying without salary sacrifice
considerations will be the rate of pay for overtime and exit payments.
Example - Salary sacrifice agreement

It is suggested that all salary sacrifice arrangements be formalised in a salary sacrifice
agreement signed by employee and employer. A model agreement is attached.

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Salary Sacrifice Agreement
This Salary Sacrifice Agreement is made on the (insert date)
Between: (insert Council name and address) (“the employer”)
And: (insert employee’s name) (“the employee")
1.0 Preamble:
1.1 This Agreement is made pursuant to clause 11, Salary Sacrifice, of the Local
Government (State) Award 2004.
1.2 This Agreement shall be read and construed in conjunction with the relevant
provisions of the Local Government (State) Award 2004.
1.3 This Agreement shall be read and construed in conjunction with Council’s salary
sacrifice policy and procedures applying from time to time.
1.4 The parties to this Agreement acknowledge that they have read and understood
the terms, conditions and responsibilities under this Agreement and accept those
terms, conditions and responsibilities.
2.0 Benefits to Be Salary Sacrificed:
2.1 The benefits salary sacrificed under this Agreement are (insert benefits e.g.
leaseback motor vehicle, child care, additional superannuation)
3.0 Value of Benefits Salary Sacrificed:
3.1 The weekly/ fortnightly value of the benefits salary sacrificed under this Agreement
are:
3.2 Leaseback Motor Vehicle.
(insert financial details)
3.3 Child Care
3.4 Additional Superannuation

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4.0 Commencement of Salary Sacrifice Arrangement:
4.1 The salary sacrifice arrangements as detailed in clause 3.0 of this Agreement will
take effect from the beginning of the first pay period to commence on or after (insert
date).
5.0 Termination of Salary Sacrifice Agreement:
5.1 This Agreement may be terminated by either party giving the other at least twenty-
eight day’s, notice in writing. (or such other period agreed between the parties)
5.2 This Agreement will be terminated immediately the day the employee ceases
employment with council.
6.0 Suspension of Salary Sacrifice Arrangement:
6.1 The salary sacrifice arrangements under this Agreement may be suspended by either
party at short notice in circumstances such as absence on periods of unpaid leave or
periods of workers compensation.
6.2 The suspension of the arrangement shall cease and this agreement shall resume
and continue upon the conclusion of the employee’s absence unless the Agreement
has been terminated.
7.0 Review of the Salary Sacrificing Arrangement:
7.1 Except as otherwise agreed, the employee may, once per year, request in writing to
change the benefits or the value of benefits to be salary sacrificed. The employer will
not unreasonably refuse such a request.
Note Councils wishing to allow more than one yearly alteration, should amend this provision
accordingly.
8.0 Financial Advice
8.1 The employee entering into this Agreement confirms by their execution of this
Agreement, that they have obtained appropriate and independent financial advice
concerning the salary sacrificing arrangements to apply under this Agreement.
8.2 The employee agrees to obtain further appropriate and independent financial advice
relative to any request by the employee to change the benefits or the value of
benefits under clauses 3.0 and 7.0 of this Agreement.

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9.0 Administration of Salary Sacrificing Arrangements:
9.1 Council will administer the salary sacrifice arrangements set in this Agreement at no
administration cost to the employee.
10.0 Reconciliation of Salary Sacrifice Value and Costs:
10.1 Should additional or unexpected FBT liability be incurred or owed at the end of a
financial year during the currency of this Agreement, the cost of that FBT will be
borne by the employee, and the employee will pay that additional amount of FBT to
the employer within a period of (insert number of days).
10.2 Should additional or unexpected FBT be incurred or owing in respect of an

incomplete financial year in the case of termination of this Agreement, the cost of that
FBT will be borne by the employee and the employer shall deduct the amount of that
FBT from any money owing to the employee on termination of employment.
10.3 Should FBT incurred be less than expected in respect of a financial year during the
currency of this Agreement, the employer shall make a consequential adjustment and
pay to the employee the relevant amount within a period of (insert number of days).
11.0 Confidentiality and Acknowledgements:
11.1 The terms of this Agreement remain confidential between the employer and
employee.
11.2 The employee acknowledges that the employer is not liable for taxation or other
liabilities, judgments, penalties or outcomes suffered or incurred by the employee
resulting from entering into this Agreement.
12.0 Disputes:
12.1 In the event that a dispute between the parties arises from the interpretation or
application of this Agreement, the dispute will be processed according to the
Grievance and Dispute Procedures set in clause 30 of the Local Government (State)
Award 2004.
13.0 Release and Indemnity:
13.1 The employee releases and hereby indemnifies and undertakes to keep indemnified
the employer from and against the following. All actions, claims, demands and
proceedings whatsoever which the employee or any other person has or may have
against the employer arising out of or in respect of or in any way connected with any
advice received by the employee from the employer in connection with this

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Agreement, and all costs, damages and expenses which the employer may incur in
defending or settling such actions, claims, demands And proceedings.
14.0 Variations to be in Writing:
14.1 All variations to this Agreement shall be in writing and shall be appended to this
Agreement.
15.0 Definitions:
“Employer” means (insert name of Council)
“Employee” means the employee who has signed this Agreement.
“Salary Sacrifice” means the sacrifice by the employee of an amount of their pre-tax ordinary
pay as prescribed by the Local Government (State) Award 2004.
“FBT” means Fringe Benefits Tax leviable under the Fringe Benefits Tax Assessment Act
1986 as amended from time to time.
Signatures:
Employee:
Name………………………………..
Signed……………………………….
Date…………………………………
For the Employer:
Name………………………………..
Signed……………………………….
Date…………………………………

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Paid work outside council
Aim
This section contains guidelines for monitoring paid work performed by council
employees outside council employment.
Legislation
Section 353 (1) of the Local Government Act requires that the general manager not
engage in any outside remunerated employment or private contract work without
council's approval.
Section 353 (2) and (3) of the Act authorises the general manager to prohibit council
employees from engaging in paid work outside council employment where there is, or
might be, a conflict of interest. The general manager may delegate this authority.
The Act states that responsibility for identifying conflict of interest rests with the
employee. This means that it is possible for employees to engage in paid outside work
which they do not consider to be a conflict of interest. If council considers it to be a
conflict of interest, the general manager may prohibit an employee from continuing the
paid outside work.
Definitions
Paid outside work
Paid outside work is defined as remunerated activity undertaken by a council employee
outside the service of council. It includes "second" jobs or "private" businesses.
Conflict of interest
The ICAC discussion paper on 'Conflict of Interest and Local Government' states:
"a conflict of interest arises when council members and employees, in doing their
jobs, are influenced or seen to be influenced by their personal interests".
Personal interests are not defined, but it would be reasonable to assume that they are not
associated with council or work with council. With respect to paid outside work, conflict of
interest falls into two broad categories:

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¾ real or potential interference with actual hours or duties - that is, where the paid
outside work hinders or has potential to hinder the performance of functions, duties
and responsibilities attached to the employee's position with council;
¾ where the purpose or actual activity of the paid outside work:
◊ is deemed to compromise council's decision-making processes and/or

business activities;
◊ relates to business activities of council;
◊ would benefit from the employee's knowledge of, or access to, council records
and documentation.

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Applicability
Responsibility of employees
Employees must not engage in paid outside work which relates to the business of council
or which might conflict with their council duties unless they have notified the general
manager in writing and the general manager has given approval. An existing or
prospective employee who is already participating in paid outside work which may
present a conflict of interest is required to notify the general manager in writing.
Statutory responsibility of the general manager

The general manager may prohibit an employee from engaging in paid outside work
where it presents a conflict with their council duties.
The general manager may make the termination of paid outside work a condition of
commencement or continuation of employment with council. An employee who engages
or continues to engage in paid outside work after being prohibited from doing so by the
general manager may be subject to disciplinary action.
Factors to be considered by the general manager

The general manager may prohibit employees from engaging in paid outside work if their
hours of work, work arrangements or nature of duties jeopardise, in the general
manager's opinion, the health, safety and efficiency of the employee, co-workers or
members of the public.
The general manager may also prohibit employees from engaging in paid outside work if
that work directly or indirectly conflicts or potentially conflicts with the business of council
or with the employee's function, duties or responsibilities at council.
Variation

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Teleworking (work from home)
Aim
To provide guidelines for the performance of work at home
Legislation
The NSW Occupational Health and Safety Act NSW 2000 and the Workplace Injury
Management and Workers Compensation Act 1998 are both relevant.
Council needs to ensure that the designated worksite within the employee's home meets
the requirements for occupational health and safety. These requirements include but are
not confined to issues such as employee's consent to access to the home worksite by
council's representative, an OHS committee member, union representative and
WorkCover Inspectors to set up, review and otherwise monitor the worksite for
compliance with safety standards and accident investigation. Council may need to agree
to provide the necessary equipment such as a first aid kit and public liability insurance for
third parties. Any equipment or furnishings that are supplied by council should meet the
standards required by occupational health and safety. This also includes such things as
illumination and ventilation.
Privacy guidelines
These guidelines are separate and distinct from the provisions of the Privacy and
Personal Information Protection Act 1998 which places requirements on an employer
concerning the retention, storage and release of records and documents.
Under the guidelines it is possible that processes and equipment set up in the home
worksite could be construed as an invasion of privacy.
Video surveillance
If council wishes to install video or other recording devices for monitoring operational
activities and safety concerns within the worksite, council should consult with the
employee or employees concerned, their unions and council’s consultative and
Occupational Health And Safety committees. Any policy on video surveillance should
include a specific reference to teleworking

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Award
The Local Government Award provides flexibilities in conditions of employment such as
hours of work, overtime, meal allowances, travel allowance, use of skills and training and
development that may be appropriate to be applied to employees who are teleworking.
Council may consider entering into a council or enterprise agreement to reflect
teleworking conditions of employment.
Council needs to be aware of its obligation to include the teleworking employee in

organisational activities and to provide the same promotional, training and other
opportunities available to employees who are not teleworking.
Who should telework

Teleworking options should be introduced with a trial/monitoring period. The nature and
extent of performance monitoring and assessment may have to be modified and
accepted by both council and the teleworking employee. The work flow patterns may also
be different and both council and such employees need to acknowledge and make
adjustments to benchmarks and expectations in this regard. For instance a teleworker's
pattern of work may be to undertake duties at later hours than would be the case under
normal working conditions. There needs to be consideration of the span and flexibility of
hours in order to minimise the payment of overtime.
The provision of the appropriate equipment and tools, ranging from furniture,
telecommunication facilities and computer hardware and software (and processes for
updating) need to be analysed and clarified between the parties.
Council should retain the right to determine what work and which positions may be
eligible for teleworking conditions. Council should identify those positions where
teleworking arrangements are appropriate.
Council should consider anti-discrimination legislation and its own operating requirements
when designating teleworking conditions and transferring employees from and to
teleworking arrangements.
Council should also retain the right to determine under what conditions a telework
exercise may be terminated and on what notice telework should cease. In such an event
council needs to have an agreed procedure in place that transfers the work, the
employee and any equipment back to a council worksite.

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Positions such as service and client contact work involved in computer, finance, and
personal services could be considered appropriate positions for teleworking. Positions
which may be unsuitable for teleworking may include those which require a high degree
of supervision, positions that have a responsibility for training and supervision and
positions that require direct contact at council sites.
Council’s policy on electronic communications, specifically e-mail and internet use during
work time should include specific reference to teleworking.
Definitions
Teleworking
Teleworking is where employees are physically situated at an alternative workplace, such
as a home office and continue to carry out their duties.

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Applicability
This policy shall apply to those positions determined by the general manager as being
suitable for working at home. No eligible employee shall be directed or required to
telework. Casual employees are not eligible for teleworking.
Security
Teleworking employees shall ensure that council's equipment and resources under their
care and control are adequately secured at all times.
Commencement and termination of teleworking

Council has the right to determine the commencement of any period of telework and the
termination of any period of telework, consistent with its policies and legislative
responsibilities. The termination period shall be a minimum of 1 calendar month.
Termination notice in excess of one calendar month shall be at the sole discretion of the
general manager.
Trial and monitoring

Any telework shall be subject to a trial period. The duration of the trial period shall be by
agreement between the teleworker(s) and council. At the conclusion of the trial period
either council or the teleworker(s) shall have the right to terminate the telework
arrangement. The termination notice shall be 1 calendar month given by either the
teleworker or council.
All telework shall be subject to monitoring by council consistent with the principles of the
Privacy Committee Guidelines. Where any form of surveillance equipment or techniques
are used, the employee shall be informed of its purpose, use, manner of monitoring,
commencement date and finish date if applicable. Monitoring shall be used for the
purpose of measuring and analysing work flows and the like.
Conditions of employment during teleworking

Teleworking conditions (including but not confined to hours of work, performance
assessment, payment of wages and expenses) should be in writing.
Council should supply necessary equipment including furnishings, telecommunication

facilities and computer equipment to facilitate teleworking.

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The employee is subject to council's policies, award and legislative conditions as they
exist from time to time.
The designated worksite at the employee's home shall be subject to visitation and
inspection by council officers and any officer under the appropriate Act that allows that
person to inspect a designated worksite.
Variation

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Community Language and Signing Work
Aim
This section contains guidelines for community language and signing work
Clause 13 (xi) (a) of the Local Government Award provides for the payment of employees
undertaking community language and signing work as an adjunct to normal duties.
.
Section 428 of the Local Government Act 1993 provides that council's annual report must
identify performance targets and a management plan identifying "details of programs
undertaken by the council during that year to promote services and access to services for
people with diverse cultural and linguistic backgrounds."
Local councils are also required to incorporate access and equity activities in their
management plans and to monitor and report on their implementation in their reports,
following the introduction of the Local Government (General) Amendment (Community
and Social Plans) Regulation 1998.
Research and Monitoring

Data on the cultural and language background of residents and other potential clients
should already be collected by council in response to obligations imposed by the Local
Government (General) Amendment (Community and Social Plans) Regulation 1998.
Analysis of such data will assist in the identification of services where Council may
anticipate that skills in languages other than English may be useful or required. Regular
review of such data will also enable council to determine the range and priorities of
language services that Council may decide to resource and provide. Example of
language services include using external interpreters, using the Translating and
Interpreting Service (TIS), providing translated materials and information through
community media, designating bilingual or multicultural positions especially in direct client
service areas and utilising language skills of existing employees.
Payment for the use of Language Skills

Where employees are required to use language skills as an integral part of their
positions, then such skill should be evaluated and paid for through council’s skills based
salary system.

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Employees who use language skill as an adjunct to their normal duties are entitled to be
paid an allowance when they use the language skill whether on a regular or irregular
basis. It should be noted that subclause 13 (xi) (c) (1) of the award, which provides that
employees are entitled to be paid the allowance when undertaking community language
and signing work, is not limited to such work being a requirement of Council. In response
to the award conditions, Council may wish to consider an overview of its methods of
providing services such as customer contact and advice and together with the role of
language aides, to identify and implement those arrangements that best suit Council.
Need to have a Policy

Clause 13 (xi) (a) requires that employees record their use of a community language
according to council established policy. This provision enables council to monitor the
provision of language service by staff undertaking community language work as an
adjunct to normal duties and identify an employees’ entitlement to be paid the language
aide allowance.
As a minimum, it would be useful for Council to identify the staff and languages used and
the frequency of use.
Generally speaking, a policy would not include operational provisions such as logs
recording use, identifying languages in which assistance will be available and the staff
nominated to be available to provide such assistance etc.
It is important then, that any policy promoting Council's provisions of language services is
complemented by procedures and records that:
¾ assist Council in meeting its obligations to pay for community language and signing
work under the award
¾ may be used to manage the provision of language services in a manner preferred

by Council.
Training and Accreditation

Where Council requires employees to use community language and signing skills as an
adjunct to their normal duties, Council must provide the employees with the opportunity to
obtain accreditation from a language aide accreditation agency and such training must be
reflected in council's training plan and budget, in accordance with the requirements of
Clause 25 of the award.

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Definitions
Community Language or signing Work
Community language or signing work involves an employee acting as a first point of
contact for non-English speaking residents or residents with hearing difficulty. The
employee identifies the resident’s area of inquiry and provides basic assistance, which
may include face-to-face discussion and/or telephone inquiry. Such employees convey
straightforward information relating to council services, to the best of their ability. They do
not replace or substitute for the role of a professional interpreter or translator.

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Policy Statement – Example
Applicability
This policy applies to accredited Language Aides who use community language and
signing skills as an adjunct to their normal duties.
Use of language aides

Residents requiring assistance in a community language or signing services shall be
directed to Language Aides nominated on council’s list only.
Council’s language aide list

Council shall establish list identifying council’s language aides and the languages to be
catered for by council’s Language Aides. This list shall be varied from to time to time to
reflect changing demands on and provision of Council’s language services, staff profile
and other relevant factors.
Staff nominated on council’s Language Aide list shall be prepared to be identified as

possessing community language or signing skills and shall be available to use these
skills when residents are referred to them according to council's procedures.
The role of council's language aides

Council’s Language Aides act as a first point of contact for non-English speaking
residents or residents with hearing difficulty. The Language Aide identifies the resident’s
area of inquiry and provides basic assistance, which may include face-to-face discussion
and/or telephone inquiry.
Language Aides convey straightforward information relating to council services, to the

best of their ability.
Council’s Language Aides do not replace or substitute for the role of a professional
interpreter or translator
Accreditation and identification of language aides

Council's Language Aides shall be accredited by a recognised accreditation agency.
Council’s training plan shall make provision for the accreditation of staff required to use
community language and signing skills.

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Provision of other language services
Language Aides will refer the resident to the TIS or a council / on site interpreter or other
language services provided by council where the inquiry:
¾ relates to other than council services/matters
¾ is not of a basic or straightforward nature
¾ relates to a community language or signing service that is not identified on council’s

Language Aide list
¾ relates to an employee nominated on council’s language aide list who is unavailable
Recording the use of language skills

Language Aides shall record the use of community language and signing skills as per
Council’s Log.
Monitoring the use of community language and signing Skills

Council shall review the frequency and level of demand for and use of community
language and signing skills.
Variation

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First aid Work
Aim
To provide councils with a sample policy and guidelines for employees who are required
to be in charge of the first aid kit and/or to administer first aid as an adjunct to their
normal duties.
Predecessors to the Local Government (State) Award contained first aid allowances.
These allowances were not included in the Local Government (State) Award when it was
made by consent in 1992.
First aid allowances provided by awards, which existed prior to 1992, were incorporated
in employees' transfer rates of pay. In some cases, councils continued to pay employees
for the use of first aid skills in the form of an allowance.
In July 2000, Clause 13 (xi) (b) of the Local Government Award was varied following a
decision by the Industrial Relations Commission of NSW, to provide that an employee
required by council to be in charge of a first aid kit and/or to administer first aid as an
adjunct to normal duties, where such an adjunct skill is not paid for in accordance with
the salary system established by the council, the employee shall be paid an allowance in
addition to the weekly rate.
Councils are obliged to maintain first aid kits pursuant to Clause 21 of the OHS
Regulation 2001 which states, in part:
"An employer must provide at each place of work:
¾ first aid facilities that are adequate for the immediate treatment of injuries and
illnesses that may arise at the place of work, and
¾ if more than 25 persons are employed at a place of work - trained first aid
personnel."
The Regulation requires that council take into account the location of the place of work,
the number of employees at ta particular location and the type of work being undertaken
when determining the nature, number and location of the first aid facilities and the
number of trained first aid personnel that are required.

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The Regulation further prescribes the type and contents of first aid kits for the place of
work.
"Trained first aid personnel" are defined within the Clause as:
(a) "a person who holds a current first aid certificate issued after successful completion
of a WorkCover approved first aid course, or
(b) a person who holds a current occupational first aid certificate issued after
successful completion of a WorkCover approved occupational first aid course, or
(c) A level 3 or greater New South Wales ambulance officer, or
(d) A registered nurse, or
(e) A medical practitioner."
Council is required to ensure that the first aid kit at any place of work at which more than
25 persons are employed in under the control of trained first aid personnel however
"trained first aid personnel" may be required to be in charge of more than one first aid kit.
Payment for the use of First Aid Skills

The first aid allowance should be paid where councils appoint employees in accordance
with the above requirements. The allowance should be paid where the employee:
¾ is not already being paid for the use of such skills in the salary system. In cases
where first aid skills are already identified in the evaluation of positions and salary
systems' progressional steps the new allowance will not apply.
¾ is required to use such skills as an adjunct to normal duties. Positions that require
first aid qualifications, for example in childcare and beach, surf and swimming pool
functions, will not be entitled to be paid the allowance.
Where the first aid allowances provided by the pre existing awards were incorporated into
the employee’s transfer rate of pay, the payment for performing first aid work is ensured
and ongoing and therefore the new allowance does not apply.
Councils should consider the following when introducing the new allowance for first aid
work:
¾ if the allowance is received on a regular basis, the allowance should be included in

the employee's ordinary rate of pay for leave purposes
¾ the allowance may be paid on a pro rata basis to employees engaged under the
provisions of Clause 21 Part Time Employment of the award
¾ it would ordinarily be inappropriate for councils to nominate employees engaged on

a casual basis to meet obligations imposed by the regulations earlier referred to.

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Review existing practices and payments
Councils should from time to time, review their arrangements to ensure compliance with
the OHS Regulation 2001.
Where councils no longer require an employee to carry out first aid work in accordance
with Clause 13 (xi) (b) of the award, they should give the employee appropriate notice
that the allowance will be discontinued or maintained at the current level. Where councils
continue to require the employee to carry out first aid work in accordance with the Clause
13 (xi) (b) of the award and the allowance already paid is less than the amount
prescribed by the new provision, then such allowance should be increased to comply with
the new provision. In cases where councils continue to require the employee to carry out
first aid work in accordance with Clause 13 (xi) (b) of the award and the allowance
already paid is greater than the amount prescribed by the new provision, then Clause 13
(xi) (d) Savings will apply.
Councils should also consider including recognition for first aid work as an adjunct to
normal duties in its salary system at some future date.
Training and Accreditation

Accreditation is usually issued by the Australian Red Cross Society or the St John
Ambulance Association following successful completion of a course.
Additional information
WorkCover Fact Sheet 2001 - First Aid in the Workplace - An example for small to
medium business
WorkCover Guide 2001 - First Aid in the Workplace
OHS Policy and Procedures Manual

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Policy Statement – Example
Applicability
This policy applies to employees who are required to be in charge of a first aid kit and/or
to administer first aid as an adjunct to normal duties as part of council’s compliance with
the Occupational Health and Safety Regulation 2001.
Council obligations
Council will comply with all relevant legislation in relation to first aid requirements and first
aid staff and review compliance as and when required.
Employee’s first aid duties

The main function of staff required to administer first aid is to provide immediate
assistance in emergency situations and limited treatment for minor injuries.
These employees' duties shall include the:
¾ application of cardio pulmonary resuscitation
¾ treatment of shock
¾ application of splints, bandages and dressings
¾ treatment for minor burns, cuts, and bruising
¾ management of first aids supplies and facilities
¾ keeping of records in relation to first aid treatment rendered.
Accreditation of first aid staff

Staff required by council to be in charge of a first aid kit located at a place of work where
25 or more employees work must hold a valid first aid certificate.
Staff required by council to administer first aid must hold a valid first aid certificate.
Recording the use of first aid skills

Council shall keep a log for recording the use of first aid skills as an adjunct to normal
duties.
Employees shall record the use of first aid skills in accordance with the Log kept by
council for such purpose.

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Payment for the use of first aid skills
Employees required to be in charge of a first aid kit and/or to administer first aid as an
adjunct to normal duties shall have those skills recognised in council’s salary system or
be paid the allowance prescribed by the award.
Variation

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CHAPTER 4:
EMPLOYEE RELATIONS AND
CONDUCT

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Dispute and grievance resolution
Aim
The aims of this policy are to:
¾ provide a mechanism by which aggrieved staff may receive prompt, fair and
consistent consideration of complaints;
¾ help resolve employment problems within the organisation in a spirit of fairness and
co-operation;
¾ minimise grievances by taking preventative or corrective action.
Union involvement
The mechanism for grievance resolution should enable union involvement at the request
of the aggrieved employee(s). A union representative may be invited to play a facilitating
role to assist in the resolution of the grievance.
An internal union delegate shall have reasonable time, without loss of pay, to discuss a
grievance or dispute with management at the local level, where prior approval is sought.
Such approval shall not be unreasonably withheld.
Immediate action
Grievances should always be addressed as quickly as possible. This will minimise the
possibility of disruption.
Corrective and remedial action

If a grievance is found to have substance, council has an obligation to take action to
eliminate or minimise the possibility of its recurrence. If a grievance is found to be
frivolous, vexatious or contrived, the employee(s) involved may be subject to disciplinary
action.

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The Industrial Relations Act requires that all awards and agreements contain dispute-
settling and grievance-resolution procedures. The Local Government Award contains
such procedures; these should be reflected in any grievance resolution policy council
develops.
External mediators
If "in-house" attempts to resolve a grievance are not working, external mediators with
recognised expertise may be called upon to assist in resolving grievances.
Definition
Dispute or grievance
A dispute or grievance is deemed to exist when an employee alleges that they have been
treated unfairly by the council or by another employee on workplace or work-related
issues. This definition includes a potential dispute or grievance.

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Applicability
This policy applies to any employment-related grievances for which there are no
alternative resolution procedures.
Grievance resolution mechanism

Council will establish a procedure to address the resolution of grievances in a prompt, fair
and consistent matter.
Responsibilities and obligations in the resolution process

Parties have a responsibility to resolve the grievance by conciliation.
Continuation of normal work

If an alleged dispute or grievance is in the process of being resolved, work practices
existing prior to the dispute or grievance shall as far as practicable, proceed as normal.
This should in no way influence or prejudice the outcome.
Remedial or corrective action

If a dispute or grievance is found to have substance, council should undertake remedial
or corrective action without delay so that the dispute or grievance does not recur.
Variation

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Procedure
Responsibilities and obligations in the resolution process
In carrying out their responsibilities to resolve the dispute or grievance, council and its
employee(s) have an obligation to:
¾ establish or verify the facts;
¾ clarify the differences between reality, perception and opinion;
¾ maintain confidentiality, as far as possible;
¾ initiate or recommend actions to prevent the dispute or grievance recurring.
Four stages of grievance resolution

Resolving a dispute or grievance may involve up to 4 stages. Lack of resolution at one
stage becomes the trigger for referral to the next stage. At any stage of the process the
employee(s) may be represented by the relevant union, either by an official of the union
or its local representative. Similarly the council may be represented by the Local
Government and Shires Associations (LGSA).
Stage 1 - Taking the matter to the immediate supervisor

Stage 1 is designed to encourage the employee to attempt to resolve the matter through
discussion with the supervisor or other authorised officers at the workplace level. The
employee must describe the alleged dispute or grievance clearly and concisely and the
remedy sought in writing. The supervisor must convene a meeting to discuss the dispute
or grievance without delay.
The aggrieved employee(s) must notify the supervisor of the dispute or grievance in
writing. The employee(s) should indicate whether or not a union representative will be
involved. The supervisor must convene a meeting with the employee(s) within 2 working
days to discuss the dispute or grievance. If the immediate supervisor is a party to the
dispute or grievance, resolution of the matter must proceed directly to Stage 2.
Stage 2 - Taking the matter to the head of department or authorised

officer
Stage 2 provides a more formal avenue of redress.
If the immediate supervisor cannot resolve the dispute or grievance, it may be referred to
the head of department or other authorised officer who should try to resolve the matter.
The head of department should hear the dispute or grievance as soon as possible.

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If the grievance is not resolved it progresses to Stage 3.
Stage 3 - Consideration of the matter by the general manager

In Stage 3 the unresolved dispute or grievance goes beyond the immediate work
environment and is considered by the general manager or another appropriate officer.
If the dispute or grievance cannot be resolved by the head of department, the general
manager should consider the matter in the light of previous attempts at resolution as well
as through their own investigations. If the dispute or grievance remains unresolved, the
general manager must provide a written response as to why remedial or corrective action
has not been proposed or, if such action has been proposed, why it has not been
implemented.
Stage 4 - Referring the grievance to external mediators

If the dispute or grievance cannot be resolved by the general manager, it will be referred
to the relevant union(s) and the LGSA.
Early external mediation

As an alternative to Stages 2 and 3, the general manager may, if the employee(s)
agrees, refer the dispute or grievance to an external, independent mediator.
Other avenues of redress

Parties may exercise the right, at any stage of the procedure, to seek the assistance of
the appropriate industrial tribunal.
Failure to resolve a grievance

If a dispute or grievance cannot be resolved, or if it seems likely that further, similar
disputes or grievances will occur, the general manager (or another appropriate officer)
must:
¾ advise the aggrieved employee(s) of alternative, external avenues of redress;
¾ recommend to council any courses of action within its powers which it may take to
resolve the matter or to minimise or eliminate the prospect of its recurrence.

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Disciplinary action
Aim
The aim of this policy is to establish an equitable and consistent procedure for addressing
unsatisfactory work performance and behaviour.
Awards
The Local Government Award sets out a disciplinary process. Clause 31 of the Local
Government Award sets out in 4 parts the rights and obligations of employees and
council, procedures to be followed and the penalties that may be imposed. Implicitly, an
employee's immediate supervisor is responsible for initiating disciplinary action when the
employee's workplace performance is unsatisfactory due to neglect, inefficiency,
unacceptable behaviour, non-compliance with safety standards and requirements, poor
attendance, punctuality and so on. For other situations - such as misconduct, bringing the
organisation into disrepute and corruption - responsibility may reside with the general
manager or another senior manager. A similar disciplinary procedure is in Clause 33 of
the Local Government (Electricians) State Award.
Legislation
The NSW Industrial Relations Act states in section 84 that:
"If an employer dismisses an employee and the employee claims that the dismissal is
harsh, unreasonable or unjust, the employee may apply to the Commission for the claim
to be dealt with under this Part."
Prohibited grounds for termination

The following grounds for termination are prohibited by virtue of the NSW Industrial
Relations Act and the NSW Anti-Discrimination Act:
¾ grounds which are harsh, unjust or unreasonable;
¾ union membership or participation in union activities outside working hours or with

the employer's consent during working hours;
¾ non-membership of a union or an association which has applied for registration;

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¾ seeking office as, or acting or having acted in the capacity of, a representative of
employees;
¾ the filing of a complaint, or participation in proceedings, against an employer for

alleged violation of laws or regulations, or recourse to competent administrative
authorities;
¾ race, colour, sex, sexual preference, age, physical or mental disability, marital
status, family responsibilities, pregnancy, religion, political opinion, national
extraction or social origin;
¾ absence from work due to the taking of parental leave.
Procedural fairness
It is fundamental to any disciplinary process that an employee should be given the benefit
of "procedural fairness". This means that, following proper investigation of the facts and
the circumstances, the employee should be given the opportunity to respond to
allegations unless the circumstances are such that the employer could not reasonably be
expected to provide this opportunity (as may be the case in gross misconduct, intentional
neglect etc).
To ensure procedural fairness, the following steps should be taken:
¾ The employer should conduct a reasonable investigation to determine what the

employee is alleged to have done or failed to do;
¾ The employer is obliged to put the allegation(s) to the employee;
¾ The employer must give the employee the opportunity, and sufficient notice, to
respond to the allegation(s);
¾ If found guilty of the allegation(s), the employee must be given the opportunity to
respond to the decision on the proposed penalty;
¾ The employer must take into account matters not directly connected with the
alleged offence(s) which might mitigate the penalty;
¾ The employer needs to ensure that dismissal (or whatever penalty has been
decided) is not unlawful.
There are exceptions to the unfair dismissal provisions of the Act which are contained in
the Regulations. Regulation 5B(1) exempts:
¾ employees engaged for a specific period if the period is less than 6 months;

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¾ employees engaged for a specific task;
¾ employees on a probation or qualifying period if the period is less than 3 months or,
if more than 3 months, is reasonable having regard to the employment nature and
circumstances;
¾ casual employees except those engaged on a regular and systematic basis for at
least 6 months and who could reasonably expect continuing casual employment.
Performance appraisal
Performance appraisal schemes, with their mechanisms for remedial action and
monitoring, may provide a supplement to disciplinary action in cases of unsatisfactory
work performance or negligence. In such cases, formal disciplinary action should arise
only from a documented history of poor or inadequate work performance or from serious
but previously undetected negligence.
Role of management
Section 335 of the Local Government Act assigns responsibility for the day-to-day
direction of staff to the general manager. The general manager may delegate to other
management staff responsibility for undertaking disciplinary action. In general, the
manager or supervisor of each section or department should maintain discipline at the
workplace level. Formal process should be invoked only when repeated or serious
breaches of discipline, beyond the scope of normal supervision, have occurred.
An incremental process
The award prescribes an incremental process of disciplinary action, and this should be
followed. However, nothing in this policy or in the award precludes the use of dismissal
for cases of misconduct or negligence and/or other circumstances that merit instant
dismissal. The dismissal can be either with the relevant period of notice as provided by
the Award or by payment of notice (i.e. summary dismissal). If the council decides to
dismiss summarily then the onus of proof in any unfair dismissal application is on the
council. In all cases, disciplinary procedures follow an internal investigation of the
allegation.
The Local Government Award provides for suspension with or without pay during the
investigative process and provides for suspension without pay, demotion to another
(lower paid) position or dismissal as a penalty.

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Concurrent external investigation
Care should be exercised in cases which involve police or other external investigation
Note; however, that council still has an obligation to pursue its own investigation.
Role of the union

The award provides that a union representative may be present during disciplinary
procedures if this is requested by the employee.
There is no requirement for the union to be present during the investigation stage. There
should be a clear delineation between the investigation and disciplinary stage.

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Applicability
This policy applies to all employees except the general manager.
General responsibility for maintaining discipline

Maintaining day-to-day discipline is the responsibility of line management. If disciplinary
action is deemed necessary:
¾ the immediate supervisor or manager should refer the matter to the next level of
management for detailed discussion;
¾ the allegations must be specific;
¾ the employee must be given sufficient time to respond;
¾ the provisions contained in the award must be followed and should be explained to
the employee at the time action commences.
Removal from duty in serious cases

In serious cases of breach of discipline the employee, at the general manager's
discretion, may be directed not to attend work. Notwithstanding the procedures
contained below, a council shall be entitled to suspend an employee with or without pay
during the investigation process provided that:
* suspension without pay during the investigation shall be for a period of not more than
two weeks, except where the progress of the investigation is delayed due to the
unavailability of the employee and/or their representative in which case the period of
suspension without pay may be extended for a further period of up to 7 days or such
greater period by agreement.
¾ if, after investigation, the reasons for the suspension are found to be inappropriate,
the employee shall not suffer any loss of pay for the period under suspension;
¾ the suspension shall not affect the employee's continuity of service for the purposes
of accruing leave entitlements;
¾ council shall not unreasonably refuse an application for paid leave under this
provision;
¾ by agreement an employee may be transferred to another position or place of work.

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Investigation process
If an investigation is required to establish the truth of the allegations, the general
manager (or another appropriate officer) will require the relevant workplace manager or
supervisor to provide full details of the allegations in writing, together with any supporting
documentation or statements. The employee must be advised of the nature of the
allegations but not necessarily the identity of the people making the allegations. The
employee has the right of reply and may challenge the allegations and may present
substantiating documentation to support this challenge.
The general manager (or another appropriate officer) must interview key persons as part
of the investigation and may seek statements in writing. The general manager may, if
circumstances warrant, have the investigation carried out by an external person.
Investigations may also be undertaken or initiated by other organisations - such as ICAC,

the Ombudsman and the police - if circumstances warrant. Council may need to respond
to such external initiatives by conducting its own inquiry.
Council must conduct, and speedily conclude its own investigation and not rely on those
of other organisations.
General Manager’s actions

The general manager may take whatever action is deemed appropriate after considering
the allegations, the evidence provided and the responses of the employee. The
employee and the employee's manager must be notified of what action is to be taken.
Penalties
If the general manager reaches the conclusion that the alleged offender is guilty of a
breach of discipline which warrants a penalty, the general manager may impose one or
more of the following: a warning, a change of duties, closer supervision, denial or
removal of personal privileges or benefits, the withholding of advancement (depending on
the provisions of the salary system), lateral transfer, demotion, termination or suspension
without pay for a period.
Variation

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Personal files
Aim
¾ improve the system of storing and retrieving employment-related information by

authorised council officers;
¾ restrict access to personal and employment-related information;
¾ establish a current employee's right of access to their personal file.
Access, security and storage
The confidentiality of personal information can be a delicate issue. We therefore
recommend that councils establish clear rules for access, security and storage.
Content
Care should be taken to ensure that personal files do not become repositories for
information that is not work-related.
Reasonable expectation of privacy

Access to files must not compromise an individual's right to privacy.
Computerised records
Personal and work-related information held on magnetic media is particularly vulnerable
to abuse. Access to computerised information of a personal nature should therefore be
restricted.
State Records Act

The State Records Act 1998 contains provisions for the keeping of records which apply to
Local Government. Councils will find it a very useful guide to archival storage and
access in general.

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Freedom of information legislation
Information of a personal and sensitive nature is exempt from the freedom of information
legislation. This kind of information includes: personal details, telephone numbers,
addresses, written reports from referees, summaries of telephone conversations with
referees, performance appraisals and reviews, and documentation on disciplinary
procedures (including sexual harassment proceedings). The council officer who deals
with freedom of information requests should be well acquainted with these exceptions to
the legislation.
Privacy and Personal Information Protection Act 1998

The aim of this Act is, in part, to provide for the protection of personal information and for
the privacy of individuals generally.
Information about an individual's suitability for employment is not included as personal

information. The Act provides for information protection principles relating to collection,
retention, security, access and disclosure of personal information. It is likely that
employment records are not intended to be covered by the provisions of the Act.
The Industrial Relations Act provides that an authorised industrial officer may inspect
employee records, including remuneration of employees, relating to a suspected breach
of the award or Act.
Council should ensure that material on the employee's file is work related and is
accurate. If a third party wishes to access the employee's file or parts of it, council should
obtain the permission of the employee before releasing the information.
Some personal information e.g. child protection details, would not be stored on the
employee's ordinary personal file.
Industrial Relations Act

The Industrial Relations Act at Section 129 requires an employer to ensure that the
following daily records are kept in relation to employees:
¾ Records of remuneration paid and hours worked by the employees, and
¾ Any other prescribed records relating to conditions of employment set by the

industrial relations legislation or industrial instruments.

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Award Provisions
Under provisions of the Local Government Award an employee is entitled to:
¾ Sight, sign, note and/or respond to any information placed on their personal file
which may be regarded as adverse.
¾ Make application to delete or amend any disciplinary or other record mentioned on

their personal file which the employees believe is incorrect, out-of-date, incomplete
or misleading.

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Applicability
Basic information
A personal file will be created for each employee. It will contain information relevant to the
relationship between the council and employee, including the following basic
documentation:
¾ full name, address and private telephone number;
¾ evidence of date of birth;
¾ educational, professional, or trade qualifications and certificates;
¾ current employment classification and history;
¾ employment offer(s) and acceptance(s);
¾ current position description;
¾ emergency contact person;
¾ copies of all official correspondence to and from the employee;
¾ medical certificate(s) attesting to the employee's fitness for duty;
¾ details of training and development courses attended by the employee;
¾ details of employment history and salary history;
¾ performance appraisals and salary reviews.
Conditions of employee access

Access by a current employee to their personal file is subject to the following:
¾ a file will normally be available within 24 hours;
¾ a file may be viewed only in the presence of an authorised council officer;
¾ documentation must not be removed from the file;
¾ the employee may make hand-written notes of the file's contents;

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¾ the employee has a right to copies of any documentation in the file.
The employee is entitled to:
¾ Sight, sign, note and/or respond to any information placed on their personal file
which may be regarded as adverse.
¾ Make application to delete or amend any disciplinary or other record mentioned on

their personal file which the employees believe is incorrect, out-of-date, incomplete
or misleading.
If the employee is provided with copies of documents, this should be noted on the file,
specifying which document(s) were copied and the date the document(s) were provided.
Access by other employees

Only employees with genuine work-related reasons are allowed access to the personal
files of others. These employees may include:
¾ the immediate supervisor;
¾ the member of staff responsible for personnel matters;
¾ the senior officer of the branch or division;
¾ the general manager or another appropriate officer.
Access by non-employees
Access to personal files is not allowed to non-employees except:
¾ duly appointed auditors;
¾ duly appointed representatives of the council;
¾ courts of law (on subpoena of specific documentation);
¾ the mayor or deputy mayor - in relation to the personal file of the general manager;
¾ an authorised officer of an industrial organisation (union) investigating an alleged

breach for example of the award. In such cases, the employee's permission must
be given and 48 hours notice is required

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Secure file storage
Personal files must be stored in a secure, fire-resistant environment. Archived personal
files must be held securely for a period of at least 7 years from the date an employee
ceases work with council. A personal file will be reactivated if a past employee
recommences work with council within the 7 year period.
Computerised and similar personal records

Where practicable, the security, access and storage of computerised personal
information should be the same as for hard copy documentation.
Variation

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Certificates of service and references
Aim
The aim of this policy is to establish the conditions for supplying certificates of service
and references, and establish standards for supplying references.
Legislation
Under section 43 of the Local Government (Meetings) Regulation 1993 a council cannot
provide a reference under seal to an employee because a reference does not relate to
the business of council.
Reasons for providing certificates of service and references

Current and past employees need certificates of service or references for a variety of
reasons, including entry to a professional association, change of employment, evidence
of employment and remuneration for financial institutions, anticipated travel overseas,
entry to some postgraduate study programs, and legal purposes.
Definitions
Certificate of service
A certificate of service is a document which attests to the employment of an employee
with council. It does not contain any direct indication or assessment of work performance.
Reference
A reference is a document which attests to the employment of an employee and which
contains an assessment of work performance and/or personal characteristics as they
relate to the workplace.

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Applicability
A certificate of service will be provided to any current or past employee upon written
request. The certificate will state:
¾ the employee's full name, as it appears on council records;
¾ the date the employee commenced work with council (and the termination date, if
appropriate);
¾ current position (or position held at termination, if appropriate);
¾ category of employment (full-time, part-time, fixed-term, temporary etc)
¾ reason for termination - for example, resignation or expiry of fixed-term

appointment.
At the employee's request the certificate may also include:
¾ remuneration;
¾ salary history by position;
¾ employment history of positions held.
Reference
A reference which certifies service and attests to work performance may be given to a
current or past employee in the following situations upon written request:
¾ the employee has completed 2 years' continuous service with council and the
employee's performance is considered satisfactory by the general manager (or
another appropriate officer); or
¾ the employee has completed less than 2 years' continuous service with council, and
that service is considered meritorious by the general manager (or appropriate
officer).
Variation

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Equal employment opportunity
Aim
¾ demonstrate management and staff commitment to the principles of equal

employment opportunity (EEO);
¾ ensure staff and community understanding of the principles of EEO and their
application;
¾ ensure that the progress of the EEO management plan is communicated effectively
to employees, target groups and the community;
¾ acknowledge the importance of training in EEO policies;
¾ provide community leadership in the area of EEO.
Legislation
Chapter 11 Part 4 Section 345 of the Local Government Act requires every council to
establish an EEO management plan.
There is specific legislation which prohibits certain types of discrimination:
Commonwealth
Sex Discrimination Act 1984
Racial Discrimination Act 1975
Disability Discrimination Act 1992
State
Anti-Discrimination Act 1977
Consultation
Councils need to consider employee and union involvement and consultative
mechanisms.

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Roles
The roles of council, the general manager and the consultative committee need to be
determined.
Commitment
Management and staff must be committed to EEO.
Target groups
Target groups and historically disadvantaged groups need to be identified.
Data
Methods of gathering, disseminating and communicating statistical and other information
regarding EEO to councillors, staff, interest groups and the community need to be
determined.
Adoption of Integrated LLN training

Integrating language, literacy and numeracy (LLN) principles into training promotes EEO
by providing greater access and participation in training.

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Applicability
Overall responsibility for EEO

Responsibility for the implementation of the EEO management plan rests with the general
manager. Council will adopt and implement an EEO management plan as set out in the
attached schedule.
Day-to-day responsibility for co-ordinating EEO matters

The general manager will nominate or appoint an officer to be responsible for the day-to-
day co-ordination of EEO activities and the execution of the EEO management plan. The
general manager may also appoint or nominate officers to undertake particular EEO
projects.
Monitoring role of the consultative committee

A sub-committee of the consultative committee will monitor the execution of the plan and
will report on progress to the general manager and council on a quarterly basis. The
officer nominated for EEO co-ordination by the general manager is an ex-officio member
of the sub-committee.
Identifying target groups

From time to time council will use statistical and demographic data to determine
strategies for addressing EEO issues relating to particular target or historically-
disadvantaged groups.
EEO audit of HRM policies, procedures and practices

Council will conduct a comprehensive audit of all human resource management (HR)
policies, procedures and practices - written or unwritten - over a period of 2 years from
the time the EEO management plan commences. Policies, procedures and practices
found to be incompatible or inconsistent with the provisions and spirit of EEO and related
legislation will be discarded or replaced. Informal procedures and practices will be
identified, reviewed and formalised where they are deemed to be appropriate.

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Elements of the EEO management plan
The plan sets out the desired outcomes, actions to achieve outcomes, who is responsible
and the target date for completion. (An example page from an EEO management plan is
shown on page 4-29).
Annual Report
Council is required to report on its progress on achieving the EEO Management Plan.
Amendment and review

The plan may be amended at any time and should be reviewed formally every year.
Council will invite and encourage input from interested parties.
Variation

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EEO management plan - example
DESIRED
ITEM ACTIONS RESPONSIBILITY TARGET
OUTCOMES
Recruitment Policies and Review existing policies and EEO Committee end June
practices reflect practices EEO Committee end June
EEO Identify changes/replacements HR Manager end Aug
Draft new/replacement policies GM/HR Manager end Oct
Consultation process GM end Dec
Approval and promulgation GM & Directors Jan & cont
Implementation
Training for all Identify persons for training HR Manager mid Feb
members and Examine and agree on training EEO Committee mid Apr
potential members program HR Manager end May
of selection Obtain funds for training HR Manager mid July
committee Arrange training and set timetable end Oct
Complete training program
Proportion of staff Develop statistics on current status HR Manager end June

at professional Identify individual areas of EEO Committee end July
and admin levels deficiency GM/EEO Committee mid Aug
to reflect known Set targets
HR Manager mid Sept
community
expectations GM end Sept
Develop strategies for change Nov & cont
Approval of strategies and
resources GM & Directors
Implement strategies
Training Selection for Review existing practices EEO Committee mid Mar
training based on Identify changes required EEO Committee/Dep GM mid Apr
need end May
HR Manager
Develop policies/procedures GM end June
Approval and promulgation GM & Directors July & cont
Implementation
Sexual To have Investigate available procedures HR Manager end Jan

harassment appropriate Determine whether to develop or EEO Committee end Feb
procedures for adapt HR Manager end Mar
addressing sexual Develop draft procedures GM/HR Manager end May
harassment in Consultation and modification
place GM end June
Approval and promulgation EEO Committee/HR Manager end July
Development of training/education
program

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Sexual harassment
Aim
The aim of this policy is to:
¾ prevent sexual harassment which is both unlawful and constitutes misconduct, and
also it undermines the integrity of the employment relationship and the reputation of
council;
¾ provide an avenue of redress in cases where sexual harassment may have

occurred.
Legislation
Commonwealth - Sex Discrimination Act 1984
Sexual harassment is an offence under the Commonwealth Sex Discrimination Act 1984.
There is no restriction on a complainant taking an allegation directly to the Human Rights
Commission or Federal Police for investigation, even if the matter has already been
reported or acted upon through internal investigation procedures.
State - Anti-Discrimination Act 1977
The NSW Anti-Discrimination Board may investigate complaints of sexual harassment

under the provisions of Part III of the NSW Anti-Discrimination Act.
Union involvement
Union representation for either the aggrieved party or the alleged offender is permitted
only if the individual(s) involved requests it. The general manager must be informed of
this request when it is made.
Definition
Sexual harassment
Sexual harassment is unsolicited and unwelcome sexist or sexual behaviour or practice
which may cause offence or distress to the recipient(s) and which creates an intimidating,
hostile or offensive work environment.

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Acts or behaviour which may appear to be humorous or insignificant to one person may
be disturbing and intimidating to another. Harassment occurs when the behaviour or
language in question is found to be offensive by the person to whom it is directed.
Behaviour that neither party finds offensive is not defined as harassment under
legislation.
In Sexual Harassment in the Workplace the Human Rights Commission listed the
following as examples of sexual harassment in the workplace:
¾ personally offensive verbal comment;
¾ sexual or smutty jokes;
¾ repeated comments or teasing about a person's alleged sexual activities or private

life;
¾ persistent, unwelcome social invitations or telephone calls from workmates at work

or at home;
¾ being followed home from work;
¾ offensive hand or body gestures;
¾ physical contact such as patting, pinching, touching or putting an arm around

another person's body at work;
¾ provocative posters with a sexual connotation;
¾ sexual assault.
Workplace sexual harassment may involve:
¾ between co-workers at a workplace;
¾ a supervisor and subordinate, where one tries explicitly or implicitly to exercise

some form of influence or "control" over the other;
¾ an employee and a member of the public;
¾ an employee and a councillor.
In cases where the offender is an employee, disciplinary action may be needed if informal
resolution is inappropriate or has been unsuccessful. In cases where the offender is a
member of the public, it may be necessary to involve the police or other agencies, but
only as a last resort.

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Applicability
Seriousness of the offence

Workplace sexual harassment is illegal and unacceptable behaviour.
Immediate and thorough investigation

Council will investigate all complaints immediately and thoroughly.
Handling complaints at workplace level

Wherever possible, complaints will be handled at the workplace level.
Remedial action
If complaints are substantiated and remedial action is required, the general manager will
take the appropriate action.
Protecting the complainant

Complainants will be given as much protection as possible.
If the investigation results in the transfer or relocation of an employee or employees, the

complainant will not be relocated or transferred without their agreement.
If it is found that an employee has been sexually harassed in the workplace or in a way
associated with the workplace, the employee's employment status with council shall not
be disadvantaged in any way.
If an employee who is found to have been sexually harassed in the workplace needs
treatment or leave of absence for the benefit of their physical or mental health, council
will facilitate appropriate treatment and/or allow the employee to take leave from their
accumulated sick leave.
Confidentiality
Council will maintain confidentiality for both complainants and alleged offenders.

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Variation

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Procedure
Lodging a complaint
Any complaint of sexual harassment may be lodged with one of the following:
¾ the immediate supervisor;
¾ the supervisor's supervisor;
¾ a relevant senior manager;
¾ the general manager;
¾ the person in council responsible for equal employment opportunity.
In-house investigations and redress in cases of sexual harassment should be regarded

as alternatives to formal legal investigations or processes. If the allegation(s) are
reported for formal external investigation it may be inappropriate for in-house procedures
to continue.
Responsibilities of the person who receives the complaint

The person who receives the complaint of sexual harassment has the following
responsibilities:
¾ to discuss the allegation with the complainant in order to decide, with the
complainant's agreement, whether or not the matter can be resolved at the
immediate workplace level;
¾ to assure the complainant that the nature and content of the complaint will remain
confidential and will not be disclosed outside the investigation process.
Responsibilities of the person assigned to handle the complaint

The person who handles the complaint (not necessarily the person who receives the
complaint) has the following responsibilities:
¾ to discuss the allegation(s) with the complainant and assure them that the matter
will be treated confidentially;
¾ to inform the alleged offender that a complaint has been received, the kind of
investigative process that has been decided upon and their rights of representation
or advice;

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¾ to advise the alleged offender not to approach the complainant directly or indirectly
about the allegation(s);
¾ to assure the alleged offender that no prejudicial action, or action which could be
interpreted as disciplinary, will be instigated without their having the opportunity to
be heard;
¾ to assure the alleged offender that the nature and content of the complaint will be
treated confidentially and will not be disclosed outside the investigation process;
¾ to keep factual notes of discussions, meetings and interviews with the complainant
and the alleged offender.
Resolution process
Informal discussions at the workplace
A complaint may be resolved at the workplace level as a result of informal discussion.

Usually this means that the offender has promised to behave better. The complainant
may also need to give the same assurance.
Under these circumstances no further action is warranted. Documentation, usually only

the notes of discussions, will be held under confidential cover and access will be
restricted to the general manager (or duly-authorised agent).
Formal investigation
A formal internal investigation process must be initiated without delay:
¾ if the complaint cannot be resolved informally at the workplace level;
¾ if the alleged offender disputes the allegation(s); or
¾ if the allegations involve serious or aggravated harassment,
The general manager may choose to nominate a person or panel to investigate the
matter, to facilitate a resolution and to recommend remedial action. In making this
choice, the general manager should take into account procedural risks relating to
protection and confidentiality. If the general manager decides in favour of a panel, it
should comprise:
¾ the general manager's representative, who will chair the panel;
¾ a nominee of the complainant;

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¾ a nominee of the alleged offender.
The investigation process, whether conducted by a single person or by a panel, should

be guided by the following:
¾ meetings will be held only in camera;
¾ the complainant will be required to appear and may be questioned;
¾ the alleged offender will be required to appear and may be questioned;
¾ statements may be taken;
¾ information from sources believed to be relevant may be sought;
¾ relevant inquiries may be made;
¾ confidentiality outside the investigative process will be guaranteed to anyone who is

interviewed or who provides information.
Support services
Council will provide the necessary support services to the formal investigation process.
Responsibilities of investigation process

The major responsibilities of the formal investigation process, whether conducted by an
individual or by a panel, are to:
¾ consider the facts and determine whether or not the allegations have been
substantiated;
¾ facilitate a resolution by conciliation or agreement;
¾ indicate, if appropriate, formal actions necessary to bring about resolution;
¾ recommend to the general manager actions, as appropriate, which will eliminate or

minimise the prospect of recurrence.
Documentation, including the report of the investigation, must be held under confidential
cover, with access restricted to the general manager (or duly-authorised agent).

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Alternative work arrangements during the investigation
During the period of investigation, alternative work arrangements may be made at the
direction of the general manager or at the request of the complainant or the alleged
offender.
Outcome of investigation
Substantiated allegations: If the allegations are substantiated or admitted, the general
manager will determine the appropriate course of action (refer to Disciplinary action -
Policy statement for a range of penalties), taking into account any recommendations
made during the investigation process.
Unsubstantiated allegations: If the allegations are not substantiated, no further action

will be taken (see also unfounded allegations below). However, at the request of the
complainant or the alleged offender, alternative work arrangements may be considered
by the general manager.
Unfounded allegations: If the allegations are found to be frivolous, vexatious, malicious

or contrived, the complainant may be:
¾ required to undergo counselling by a person nominated by the general manager;
¾ subject to disciplinary action.

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Display of material in the workplace
Aim
The aim of this policy is to eliminate from all council workplaces the display of material
likely to cause offence, including sexually and racially-denigrating material.
Display of offensive material in the workplace
Council has a responsibility to ensure that the workplace it provides reflects community
expectations and do not have the potential to be offensive - for example, there is no
validity in the argument or assertion that, because no women work in a certain workplace,
display of material sexually denigrating to women is inoffensive. The display of
denigrating materials in workplaces is a form of harassment.
Display of racially denigrating material constitutes a form of racial vilification. Council's

responsibilities and obligations in this area are the same as for sexually denigrating
material.
Vilification
Vilification is unlawful under the NSW Anti-Discrimination Act on the grounds of race,
homosexuality, transgender and actual or alleged HIV/AIDS infection. Vilification
concerns the use of verbal communication or non-verbal conduct which, on the grounds
outlined above, incites hatred towards, serious contempt for, or severe ridicule of a
person or group of persons.
Council's responsibility
Legally, offensive materials in the workplace are the responsibility of the council. It
follows that there is an obligation on council to monitor workplaces in this respect and to
take whatever action is necessary to eliminate or remove such materials.
Workplace image
Council should be aware of the adverse image of the workplace which is generated by
the display of offensive material.

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Contractors and suppliers
Council's human resources policies do not apply to non-employees. If contractors and
suppliers work on council premises, it may be prudent to include in their contracts
provisions which encourage them to abide by this policy.
Definitions
Material
Material includes graphics such as pictures, posters, cartoons, picture calendars, graffiti,
painted or printed clothing (t-shirts etc), and written, printed or computer generated
material such as poems, quotes, notes and jokes, which are sexist, racist, sexually
denigrating or racially denigrating or which are likely to cause offence.

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Applicability
This policy applies to all employees and workplaces.
Banned workplace display materials

The display of sexist, racist, sexually-denigrating, racially-denigrating or otherwise
offensive material is banned from council premises, workplaces, vehicles, plant and
equipment.
Responsibility of managers and supervisors

All managers and supervisors must enforce this policy by removing offensive materials or
taking other appropriate action.
Council may exercise the option of disciplinary action

Offenders may be subject to disciplinary action.
Communication of this policy

Council will communicate this policy and its aims to all employees, suppliers to council
and contractors to council and may require that the standards of this policy are
incorporated in contracts.
Variation

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Camera surveillance
Aim
To provide guidelines for the use of camera surveillance in the workplace.
Legislation
Camera surveillance in the workplace is regulated by the Workplace Surveillance Act
2005 (NSW).
Camera surveillance
Camera surveillance may be carried out for a number of reasons. Safety or security
considerations such as an employee or group of employees working in remote areas, or
areas considered to be dangerous or work areas where sensitive documents or records
or are stored or cash is kept.
Camera surveillance cannot be used for the measurement of work performance.
Surveillance must not be carried out in any change room, toilet facility or shower or other
bathing facility at a workplace.
Camera surveillance of employees must be in accordance with a number of conditions

which include:
¾ surveillance of an employee must not commence without prior notice in writing; and
¾ the notice must be given at least 14 days before the surveillance commences; and
¾ the notice must indicate the kind of surveillance to be carried out; how the
surveillance will be carried out; when the surveillance will commence; and whether
the surveillance will be continuous, intermittent, for a specified period of time or
ongoing; and
¾ cameras must be clearly visible and signs notifying people that they may be under
surveillance must also be clearly visible.
Camera surveillance that does not comply with the above is deemed to be covert
surveillance.

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Covert camera surveillance
Covert surveillance is an offence unless the surveillance is authorised by a covert
surveillance authority.
Council may apply to a Magistrate for an authority authorising covert surveillance for the
purpose of establishing whether an employee or group of employees are involved in any
unlawful activity while at work for council.
The application for authority must include, information about the grounds for suspecting
that employees may be involved in unlawful activities, together with the names of those
employees, details of any other managerial or investigative procedures that have already
been conducted and their outcome, the group of employees regularly in view of the
camera, proposed dates and times of surveillance and a statement regarding previous
applications for authority.
The magistrate must take into account whether an authority might unduly intrude on the
privacy of employees or other persons (such as customers).
The authority will specify a surveillance supervisor (someone qualified to be responsible

for overseeing the conduct of the surveillance operation). The surveillance supervisor
can provide council only with parts of a videotape that are relevant to establishing
employees' involvement in unlawful activities. The surveillance supervisor must destroy
all parts of the tape except those required for evidence within three months of the
authority's expiry date.
An authority will normally remain in force for 30 days, although this period can be varied.
The results of the surveillance must be reported in writing to the magistrate within 30
days of the authority expiring.
Any video recording obtained as a result of surveillance not related to security of the
workplace cannot be admitted in evidence in any legal or disciplinary proceeding against
an employee. If action against an employee is proposed, the employee and their legal
representatives are entitled to have access to a copy of relevant parts of the tape. Even
if an authority is granted, it will be an offence to use the video recording for a purpose
other than that for which it was granted.

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Applicability
This policy applies to all workplaces under the control and responsibility of councils
including designated worksites for teleworking purposes.
Reasons for introducing camera surveillance

Council may require designated areas to be under camera surveillance for operational,
security or safety reasons.
Any camera surveillance implemented by council will only occur in accordance with the
provisions of the Workplace Surveillance Act 2005 and on the authority of the general
manager.
Surveillance
Surveillance is used for the general security of council property or assets or for the
protection of the general public.
Cameras will be placed such that they are visible to people in the work area.
Surveillance will not be carried out in change rooms, toilets, showers or other bathing
facilities. Camera surveillance may be used by council as part of investigations for
disciplinary purposes and as evidence during any disciplinary interviews conducted under
clause 31 of the Local Government Award (2004).
Where council intends to introduce surveillance, employees working in the designated

area or areas shall be advised by their supervisors. Where surveillance is proposed for
safety reasons, such as remote work sites or hazardous work activities council shall
consult with the employees concerned, before implementing open surveillance.
Council will erect visible signs informing people who enter or leave the work area that
surveillance is being carried out. The cameras will be placed such that they are visible to
people and visitors in the work area.
Covert surveillance
Covert surveillance is surveillance of an employee or group of employees carried out for
the sole purpose of establishing whether the employee or group of employees is engaged
in any unlawful activity.
Covert surveillance will not be carried out without an authority of a Magistrate.

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Variation

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Internet and email use
Aim
To provide guidelines for the use of council's Internet and e-mail facilities.
Legislation
The Workplace Surveillance Act 2005 (NSW) regulates computer surveillance, as well as
camera and tracking surveillance.
Definition
Computer surveillance of an employee is defined as, surveillance by means of software
or other equipment that monitors or records the information input or output, or other use,
of a computer (including, but not limited to, the sending and receipt of emails and the
accessing of Internet websites).
Before Surveillance Takes Place

The surveillance of employees must be in accordance with a number of conditions which
include:
¾ surveillance of an employee must not commence without prior notice in writing; and
¾ notice must be given at least 14 days before the surveillance commences; and
¾ the notice must indicate the kind of surveillance to be carried out; how the
surveillance will be carried out; when the surveillance will commence; and whether
the surveillance will be continuous, intermittent, for a specified period of time or
ongoing; and
¾ computer surveillance must be carried out in accordance with a policy that has
been notified to employees in advance of the surveillance and it is reasonable for
the employer to assume that the employees are aware of and understand the
policy.
Restricting Access
Should council seek to prevent access to an internet website or block the delivery or
receipt of an email sent to or by an employee, the legislation requires council:
¾ to act in accordance with a policy on email and internet access that has been

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communicated to employees; and
¾ in the case of preventing the delivery of an email, the employer is to issue the
employee with a prevented delivery notice.
An employer is not required to issue a prevented delivery notice to an employee in

instances where the email or the attachment to an email would be regarded by
reasonable persons as being, in all circumstances, menacing, harassing or offensive.
Council cannot prevent delivery of an email or access to an Internet site because the
email relates to an industrial organisation of employees or the Internet site contains
information relating to industrial matters.
Consideration
In the development and implementation of an Internet and email policy, council needs to
consider whether there is to be a complete use of e-mail and internet facilities or whether
there is to be a limited use. If there is to be a limited use what sites/addresses are going
to be available to employees? For instance, if teleworking is a feature of council
activities, policies and procedures and monitoring activities need to be developed to
ensure compliance.
Council should also consider the type of material sent and received by Internet and email,
which employees are allowed to use these facilities and under what circumstances and
what is the extent of monitoring activity. If there is to be monitoring or auditing functions
the council policy needs to include a specific section informing of monitoring/auditing
activities.

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Application
This policy applies to all council staff that use Internet and email while at work.
Conditions for internet and email use

Internet and email is provided for business purposes related to your job. However,
reasonable personal use is permitted.
The following minimum conditions apply when you are using council’s internet and email:
1. Do not use the Internet and email for personal gain.
2. Do not use the Internet or email to send defamatory, threatening or obscene

messages to other employees or to anyone outside of council.
3. Do not use the Internet or email to send racially and or sexually harassing
messages or other illegal communications to other employees or to anyone outside
council.
4. Do not download, retrieve or send sexually explicit, racist or otherwise

discriminatory or illegal material from the Internet or from email at any time while
you are at work, or while using council computers outside of work premises.
5. Do not send chain mail in any format, including email.
6. Do not, without express authority, access (hack) any computer, whether owned by
council or by any other organisation.
7. Do not use another employee's computer to gain unauthorised access to the

Internet or email.
8. Do not use the Internet for the creation of legal or contractual obligations unless
specifically authorised by your manager.
Misuse of Internet and email may result in disciplinary action.
Monitoring
Council retains the right to monitor employee’s internet and email usage. Surveillance will
include, but not be limited to, random monitoring of email inboxes and monitoring logs of
internet usage. The surveillance of internet and email use will be ongoing and may occur
at any stage during employment with council.

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Blocking
Emails that are considered inappropriate may also be blocked. Employees will be notified
of blocked emails excepting where the blocked email is spam, contains a virus or is
offensive in nature.
Variation

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Child Protection
Aim
This section establishes guidelines on the protection of children.
Issues to Consider
This section, and the associated policy and procedures, identifies the key areas of
responsibility of employers, requirements for checking and the parameters for creating a
safe environment for children in the workplace. It should not be considered to be a
complete guide to all of the legal obligations facing councils in the protection of children.
This section should be read in conjunction with:
PLEASE INSERT PROPER NAMES BELOW

¾ "Guidelines for Employers" relating to the "Working with Children Check, and
¾ Information booklet produced by NSW Ombudsman's Office

PLEASE INSERT PROPER NAMES ABOVE
Legislation
Child Protection in Local Government is regulated by the following NSW Acts:
¾ The Ombudsman Act 1974
¾ The Child Protection (Prohibited Employment) Act 1998
¾ The Commission for Children and Young People Act 1998
¾ The Children and Young Persons (Care and Protection) Act 1998.
The aims of these pieces of legislation include:
¾ to ensure that children are protected from child abuse as defined in the Children
and Young Persons (Care and Protection) Act 1998
¾ to provide a system for the reporting of any allegations of child abuse complying
with the Ombudsman Act 1974
¾ to encourage and facilitate the reporting of children and young persons at risk of
harm

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¾ to prevent the employment of persons (including volunteers and contractors) who
are either prohibited by law from working with children and or young persons or are
considered to be inappropriate persons to be working with children or young
persons
¾ to ensure the prompt notification and investigation of allegations of children and

young persons being at risk of harm where allegations involve council staff and
other allegations that are legally required to be notified
¾ to establish practices to ensure any person engaged in child related employment is

suitable for such employment.
Definitions
Child related employment means any employment that primarily involves direct contact
with children where that contact is not directly supervised.
Child-related employment: The definition of child-related employment differs slightly

between the Child Protection (Prohibited Employment) Act 1998 and the Commission for
Children and Young People Act 1998.
Under the Child protection (Prohibited Employment) Act 1998 child-related employment
means any employment of a king listed in the legislation that primarily involves direct
contact with children where that contact is not directly supervised (Section 3).
Under the Commission for Children and Young People Act 1998 child-related
employment means any employment that involves direct contact with children where that
contact is not directly supervised (Section 33).
Direct supervision occurs when a person is present at all times during the contact by
the person under supervision with any child, where such contact is part of the duties
performed by the person under supervision or can reasonably be expected to occur
during the performance of those duties. The person doing the supervising must be able
to observe the person and be capable of directing the person if required.
Employee (under the Commission for Children and Young People Act) means any
person who is engaged in a primarily child related employment role including paid
employees, sub-contractors, volunteers and work experience students. The areas of
employment under the Child Protection (Prohibited Employment) Act 1998 that are
relevant to councils include:
¾ pre-schools, kindergartens and child care centres (including residential child care
centres)

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¾ entertainment venues, where the clientele is primarily children e.g. swimming
centres, leisure centres, gymnasiums etc
¾ other child care e.g. family day care.
Employee: Any person who is engaged in child-related employment in any of the

following ways:
¾ paid employment;
¾ sub-contractors
¾ volunteers for an organisation, or
¾ undertaking practical training as part of an educational or vocational course.
Child abuse means assault (including sexual assault) of a child (who is under the age of
18), or ill treatment or neglect of a child, or exposing or subjecting a child to behaviour
that psychologically harms the child.
Child abuse allegation not only includes abuse, but also includes an allegation of
misconduct that may involve child abuse.
Designated non-government agency includes a child care centre, or residential child

care centre, that is licensed or required to be licensed under the Children (Care and
Protection) Act 1987 and the Centre Based and Mobile Child Care Services Regulation
1996 (No 2).
Head of agency means the general manager or other principal officer of the agency.
Employee of an agency (under the Ombudsman’s Act 1974) includes:
¾ any employee of the agency, whether or not employed in connection with any work
or activities of the agency that relates to children
¾ any individual (including volunteers) engaged by the agency to provide services to

children.
Prohibited person means a person convicted of a serious sex offence (punishable by

imprisonment for 12 months or more), other than where there is an order in force
declaring that the Child Protection (Prohibited Employment) Act 1998 does not apply to
the person in respect of the offence.

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Relevant disciplinary proceedings, means completed disciplinary proceedings against
an employee. These proceedings include completed proceedings involving child abuse,
sexual misconduct or acts of violence committed by the employee in the course of
employment where these acts:
¾ involve children;
¾ are directed at children;
¾ take place in the presence of children.
It is a requirement of the Commission for Children and Young People Act that relevant
disciplinary proceedings do not include those when there is a finding that the allegations
are false, vexatious or misconceived.
It is still a requirement of the Ombudsman Act 1974 that allegations need to be notified
regardless of the opinion of the investigator of the seriousness or accuracy of the
allegation.
Screening means the process of gathering relevant information about an applicant for
employment in order to enable an informed decision to be made on whether to employ
the applicant or not. Screening includes structured referee checks, criminal history
checks, checks of certain enforceable apprehended violence orders and checks with
past or current employers for any relevant completed disciplinary proceedings.
Approved screening agency means an employer or employer related body approved

by the Minister to carry out all or any of the relevant procedures of employment
screening.

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Procedures
The following procedures have been developed to support this policy and may apply to
different sections of council’s workforce:
¾ reporting and responding to allegations of child abuse
¾ recruitment and selection to council designated child related positions
¾ the conduct of workplace investigations into allegations of child abuse
¾ notification of completed relevant disciplinary proceedings
¾ notifications to the NSW Department of Community Services
¾ assessing the level of risk for potential abuse of children in any child related position
¾ child protection training for all staff in child related positions.
Council will have to be mindful of these procedures and their interaction with other
council policies and procedures relating to induction, discipline, redeployment, the
keeping and security of council records etc.
Further Information
Further information can be obtained from the NSW Commission for Children and Young
People, the NSW Ombudsman and the Department of Community Services who all have
a role in overseeing and managing any allegations of child abuse, as well as ensuring
that children are protected from child abuse.
The NSW Commission for Children and Young People has produced the “Working with
Children Check” as a guideline for employers to prevent unsuitable people from working
with children and young people.
The NSW Ombudsman has produced “Child Protection: Your New Responsibilities”
which deals with the responsibilities for agencies to report any allegation of child abuse
against employees of designated agencies to the Ombudsman within 30 days.

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POLICY STATEMENT – Example
Applicability
This policy applies to all relevant employees, contractors and volunteers.
The attached procedures apply to different categories of persons e.g. designated child
related employment positions relating to employment screening; or the requirement for all
employees to report on allegations of child abuse.
Safe and caring environment

Council will establish a safe and caring environment within council for children which fully
supports the aims and objectives of Child Protection legislation, and associated
provisions.
Specifically it is council’s policy that procedures will be established to:
¾ within the limits of its obligations and authority, ensure that children are protected
from child abuse as defined in the Children and Young Persons (Care and
Protection Act) 1998
¾ maintain, and further develop, a workforce committed to child protection through a

range of policies and procedures to ensure that Council’s services are provided to
children in a safe and caring environment
¾ establish procedures to prevent the employment of persons who are either

prohibited by law or who are considered by council to be inappropriate persons to
be working with children and/or young persons
¾ encourage and facilitate the reporting of children and young persons at risk of harm
¾ provide a system for the reporting of any allegations of child abuse in compliance
with requirements of the Ombudsman Act 1974
¾ ensure the prompt notification and investigation of allegations of children and young
persons being at risk of harm where allegations involve Council staff and other
allegations that are legally required to be notified.
¾ Ensure that any relevant completed disciplinary action in a child related position is
reported to the Commission for Children and young People.
Designated child-related employment positions

Following reference to definitions of child-related employment contained within relevant
legislation, council has determined the positions that are designated as child-related
employment positions. Those positions are:

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¾ child care staff;
¾ family day care;
¾ library staff;
¾ pool staff;
¾ entertainment centre staff.
Council reserves the right to designate further positions as being child-related

employment positions if further positions are identified or created.
Employment screening
The employment screening procedures detailed within the attached "Recruitment and
Selection to Council Designated Child-Related Positions" procedures are to be strictly
adhered to.
Notifications of child abuse

All employees involved with children’s services or who have a role that involves
management of children’s services are required to report on child abuse or risk of harm
from child abuse and neglect to the Department of Community Services. Under the
Children (Care and Protection) Act 1987 any person who forms the belief on reasonable
grounds that a child has been or is in danger of being abused may notify the department.
Dealing with allegations of child abuse

All employees shall follow the Reporting and Responding to Allegations of Child Abuse
procedure developed to investigate and report on allegations of Child Abuse.
Investigations of child abuse

All employees who are involved with the investigation into allegations of child abuse shall
follow the procedure on The Conduct of Workplace Investigations into Allegations of
Child Abuse.
Notification of completed relevant disciplinary proceedings

The general manager or authorised delegate is to ensure that the Commission for
Children and Young People is notified of any relevant disciplinary proceedings which are
completed by council
This requirement does not apply when the relevant disciplinary proceedings establish a
finding that the allegations are false, vexatious or misconceived.
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Variation

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PROCEDURE
Recruitment and selection to council designated child-related positions
Definition
For the purpose of this procedure, employee includes paid employees, contractors and
sub-contractors, family day care staff, volunteers and work experience participants
placed within council to work with children.
Designated child-related employment positions
This procedure applies to any employee who is engaged in a child related employment
role that primarily involves direct contact with children where that contact is not directly
supervised. Employee includes paid employees, contractors and sub-contractors, family
day care staff and work experience participants placed within council to work with
children and volunteers.
Appointment of an approved screening agency
The Department of Community Services will provide checking services to council in

relation to child-related employment.
Recruitment advertising and documentation
With immediate effect, all recruitment advertising relating to a council designated child-
related employment position is to bear the following notice:
"It is an offence under NSW Legislation for a person convicted of a serious sex offence to
apply for this position."
All other printed information and recruitment documentation relating to council designated
child-related employment, either paid or unpaid, is to contain the following notification:
"It is an offence under NSW Legislation for a person convicted of a serious sex offence to
apply for this position. Prior to offer of employment, a Working with Children Check will be
conducted on preferred applicant/s. Applicants are to provide a detailed work history and
full contact details for three referees."
Non-acceptance of applications for employment
Applications for employment in a designated child-related position are not to be accepted

unless accompanied by a Prohibited Persons Declaration and a Working with Children
Check Consent Form

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Prohibited Persons Declaration
With immediate effect, any person who offers their services or seeks engagement /
placement in a paid or voluntary capacity within a designated child-related position is to
complete a Prohibited Persons Declaration prior to an offer of employment being made.
A Prohibited Person Declaration is to be included in the information package relating to

each designated child-related position.
Working with Children Check
With immediate effect, a full Working with Children Check is to be completed through the
Department of Community Services for all preferred applicants for paid employment
within a designated child-related position.
Each person submitting an application for appointment to a designated child-related

position is to lodge a completed and signed Working with Children Consent Form with
their application.
A Working with Children Check Consent Form is to be included in the information

package relating to each designated child-related position.
The Working with Children Check is to be completed by the Department of Community

Services, and they will notify council as to the outcome of the checking process.
Unless there are exceptional circumstances council will wait for a favourable
determination in relation to suitability for employment in a designated child-related
position prior to employment being offered.
The determination as to the suitability for employment within a designated child-related

position is to be based upon the risk assessment undertaken by the Department of
Community Services and the structured reference check conducted by council.
In exceptional circumstances, it may be necessary to offer employment prior to

completion of the Working with Children Check. Such offer is not to be made unless:
¾ the general manager or authorised delegate expressly approves;
¾ the structured reference check has been completed.
¾ the responsible manager ensures that the Working with Children Check is
completed as soon as possible after the person is employed;
¾ the letter of offer to the applicant contains the following notification:

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“Your ongoing employment is subject to completion of the Working with Children
Check and a favourable determination subsequently being made as to your
suitability for employment in this designated child-related position."
Referee checks
In addition to the requirement to lodge a Prohibited Person Declaration and Working with
Children Check Consent Form, all applicants for paid or unpaid employment within a
council designated child-related position are to:
¾ provide a detailed work history, and
¾ nominate three referees and provide full contact details for each.
Notification to general manager of rejected applicants
The general manager or authorised delegate is to be advised of each instance in which

any person's application for employment within a designated child-related position is
rejected as a result of information obtained in the employment screening process.
Where adverse information has been obtained regarding an applicant during the
checking process it is the responsibility of the Department of Community Services (the
approved screening agency) to contact the preferred applicant and notify them of the
findings.
The general manager or authorised delegate shall notify the Commission for Children
and Young People and the applicant of any such rejection.
Confidentiality
All people involved in the Working with Children Check must ensure that they treat any
information obtained throughout the process with the utmost confidentiality. Information
obtained is not to be provided to any person not authorised to access such information.
To ensure confidentiality, council will maintain the following records centrally, separately
from personnel files and under strict security:
¾ the basis for any decision not to employ, at the time the decision was made, if the
decision primarily was based on an assessment that the applicant poses an
unacceptable risk in child related employment; and
¾ the basis for any decision to employ, despite some adverse information gained
through the Working with Children Check.

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Position files
All position files related to designated child-related employment positions bear the
following notice in a prominent position:
"Designated Child-Related Employment Position

Prohibited Employment Declaration required.
Working with Children Check required."
Provision of information to approved screening agencies
The general manager or authorised delegate is authorised to provide, upon request,

appropriate information to approved screening agencies relating to employees who have
been subject to completed relevant disciplinary proceedings.
Temporary/casual employment list
All the above provisions apply to persons seeking placement on council's temporary/
casual employment lists where such placement could result in temporary/casual
employment within a council designated child-related position.
Staff induction
Council's induction procedures relating to new employees and others performing work in
a paid or unpaid capacity are to incorporate information about the child-related
employment requirements regarding prohibited persons and provisions of this policy.

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PROCEDURE
Notifications to the NSW Department of Community Services
Reporting
Under this procedure all employees involved with children’s services or who have a role
that involves management of children’s services are required to report on child abuse or
risk of harm from child abuse and neglect to the Department of Community Services.
Under the Children (Care and Protection) Act 1987 any person who forms the belief on
reasonable grounds that a child has been or is in danger of being abused may notify the
department.
Under provisions of the Children and Young Persons (Care and Protection) Act 1998, the
reporting of child abuse or risk of harm relating to children under 16 years of age from
child abuse and neglect is mandatory for certain employees when they have 'reasonable
grounds to suspect' that a child has been, or is in danger of being, abused. This
responsibility extends to:
¾ a person employed in the health, welfare, education, children's services, residential

services, or law enforcement fields who provides services to children or who holds
a management position in such areas.
Where concerns arise in the course of their work and they have reasonable grounds to
suspect that a child or young person is at risk of harm from child abuse, a person with
this responsibility must report their concerns to the Department of Community Services.

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PROCEDURE
Reporting and responding to allegations of child abuse
Applicability
The procedure on Reporting and Responding to Allegations of Child Abuse applies to any
employee of Council where there is an allegation of child abuse against an employee
which has occurred in the course of employment.
The procedure also applies to any employee of Council engaged in a child care centre,
or residential child care centre, that is licensed or required to be licensed under the
Children (Care and Protection) Act 1987 and the Centre Based and Mobile Child Care
Services Regulation 1996 (No 2). Any allegations of child abuse against these
employees need to be notified to the Ombudsman whether the abuse is alleged to have
taken place in the course of the persons employment or outside of their employment
What is an allegation?
Allegations may take the form of:
¾ an assertion made without proof
¾ a declaration
¾ an assertion made by a party which they undertake to prove.
¾ an allegation may be written, verbal or anonymous.
¾ an allegation should have the following elements:
◊ the person the subject of the allegation is clearly identifiable; and

◊ the allegation details specific conduct or a pattern of behaviour that indicates
abuse.
General Manager designated head of agency
The general manager is nominated by council as having the powers, functions and
responsibilities assigned to the "Head of Agency" within the Ombudsman Amendment
(Child Protection and Community Services) Act.

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General reporting responsibilities
Any council employee, contractor or person serving with council in either a paid or unpaid
capacity, who believes on reasonable grounds that a child has been or is being abused
by a council employee in the course of the employees work or any other situation, is
required to report their concern to their immediate manager or the general manager.
All council employees are required to notify the general manager, or authorised delegate,
of any child abuse allegation or conviction made against an employee of council of which
they become aware.
Council's response to allegations of child abuse

General provisions
All allegations of child abuse, or misconduct that may involve child abuse, against
employees of council will be notified to the Ombudsman, irrespective of the general
manager's or any other person's opinion as to the seriousness or accuracy of the
allegation, providing:
¾ the person the subject of the allegation is clearly identifiable and a current
employee of council, and
¾ the allegation details specific conduct or a pattern of behaviour that indicates abuse.
The above provisions apply to allegations made against a current employee of council,
even though the allegations may relate to a period of time prior to the person’s
employment with council.
Should the general manager receive allegations concerning the family members of an
employee, and the general manager is satisfied that they do not relate to the employee,
then the notification provisions detailed above do not apply. However, should the general
manager have reasonable grounds to suspect that the family member has abused, or is
abusing a child, the general manager shall notify the Department of Community Services
Responsibilities of the general manager
The general manager is required to take the following action:
¾ Notify the Ombudsman of any child abuse allegation or conviction against a

council employee of which the general manager is notified or becomes aware. Such
notification is to be made:
◊ as soon as practicable, and in any event, within 30 days of the general

manager becoming aware of the allegation or conviction (or within such
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further period as may be agreed to by the ombudsman);
◊ by using the Child Protection Notification Form.
¾ Identify any instances of child abuse allegation or conviction against a current

council employee which was made or occurred prior to commencement of the
Ombudsman Amendment (Child Protection and Community Services) Act 1998.
This includes those instances of allegation or conviction which were the subject of
an investigation which has now concluded. Where such child abuse allegations or
convictions are identified, the general manager is to contact the Ombudsman's
office to discuss the arrangements for the transfer of materials relating to the
matter.
¾ Where the general manager has been made aware of any allegation that, if
substantiated, would indicate that the person may be a risk to children, the general
manager shall cause the matter to be investigated, either by way of internal
investigation or through an external agency, and initiate appropriate action upon
conclusion of the investigation.
¾ Make a decision as to whether the employee, who is the subject of the allegation, is
to be suspended or, by agreement, transferred to another position or place of work
whilst the investigation is being conducted. This decision, and its implementation, is
to be made in accordance with disciplinary procedures of the Local Government
(State) Award where appropriate.
¾ Notify the Ombudsman as to whether or not council proposes to take any

disciplinary or other action in relation to the employee the subject of the allegation
or conviction, and the reasons why council intends to take or not to take any such
action. Such notification is to be made as soon as practicable.
¾ Notify the Ombudsman of any written submissions made concerning any allegation
or conviction that the employee concerned wished to have considered in
determining what (if any) disciplinary or other action should be taken in relation to
the employee. Such notification is to be made as soon as practicable.
¾ Provide the Ombudsman with such documentary and other information as the
Ombudsman may from time to time request to assist in the Ombudsman's
monitoring of an investigation conducted by or on behalf of the council into a child
abuse allegation or conviction.
¾ As soon as practicable after being satisfied that an investigation into a child abuse
allegation or conviction conducted by or on behalf of council has been concluded,
provide the Ombudsman with:
◊ a copy of any report prepared by, or provided to the general manager as to

the progress or results of the investigation, and copies of all statements taken
in the course of the investigation and of all other documents on which the
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report is based that are available
◊ such comments on the report and statements as the general manager thinks
fit
◊ advice as to the action that has been taken or is proposed to be taken with
respect to the child abuse allegation or conviction the subject of the
investigation.
¾ Provide such additional information as the Ombudsman considers necessary to

enable the Ombudsman to determine whether the child abuse allegation or
conviction was properly investigated and whether appropriate action was taken as a
result of the investigation.
¾ Defer any council investigation into a child abuse allegation or conviction if the
Ombudsman notifies council that the Ombudsman intends to investigate the matter
and that the investigation by the council should be deferred.
¾ At the conclusion of an investigation by the Ombudsman, or on a decision by the

Ombudsman to refer the matter back to the council, to receive from the
Ombudsman any recommendations for action to be taken with respect to the
matter, together with information relating to the recommendations.
¾ Comply with any other obligations imposed by the administration of the

Ombudsman Act.

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PROCEDURE
The conduct of workplace investigations into allegations of child abuse
Responsibilities of general manager or other authorised officer
The general manager or other authorised officer is to:
¾ develop, or cause to have developed, terms of reference for the investigation
¾ appoint as investigating officer, a person not directly or indirectly involved in the

allegation/s being investigated and who has the necessary skills and knowledge to
conduct a thorough and valid investigation
¾ monitor the progress of the investigation to ensure that it is properly conducted and
speedily concluded
¾ upon conclusion of the investigation by the investigating officer, determine what

action is to be taken by council.
Responsibilities of investigating officer
It is the responsibility of the investigating officer to:
¾ properly conduct and speedily conclude the investigation within the scope of the
terms of reference
¾ advise the general manager of any limitations imposed by the terms of reference if
such limitations are identified in the course of the investigation
¾ maintain thorough records, including records of interview, in support of the

investigation process, investigation report and subsequent recommendations
¾ apply the principles of natural justice and procedural fairness to all parties involved
at all stages of the investigation process
¾ advise the general manager immediately the investigation process indicates that the
matter should be referred to an external agency, for example, the NSW Police
Service
¾ stress to all parties involved in the investigation process, the need to maintain
confidentiality.

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Deferral of council investigation
Where necessary, council's investigation will be deferred:
¾ pending a conclusion of an external investigation which may still require council to

conduct its own examination; or
¾ upon direction of the Ombudsman.
Where it is proposed to defer the conduct of a council investigation, the general manager
is to seek advice from the Ombudsman's Office.
Confidentiality
All staff involved in reporting and handling of allegations of child abuse will be aware of
the sensitive nature of the issue and take all reasonable steps to maintain confidentiality
and respect the privacy of those involved.
All information relating to any allegation/investigation/report including information relating

to the Working with Children Check will be secured and will only be accessed by either
the child protection officer or the general manager.
The responsibility to keep these records applies despite any requirement for disposal of
records which may exist elsewhere.
It is important that all people involved in the process ensure that they treat the information
obtained with the utmost confidentiality.
Information obtained is not to be provided to any person not authorised to access such
information.

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PROCEDURE
Notification of completed relevant disciplinary proceedings
Applicability
This procedure applies to any employee who is engaged in a child related employment
role that primarily involves direct contact with children where that contact is not directly
supervised. Employee includes paid employees, contractors and sub-contractors, family
day care staff, volunteers and work experience participants placed within council to work
with children.
The general manager or authorised delegate is to ensure that the Commission for
Children and Young People is notified of any relevant disciplinary proceedings which are
completed by council. This requirement does not apply when the relevant disciplinary
proceedings establish a finding that the allegations are false, vexatious or misconceived.
NB: For the purpose of "completed relevant disciplinary proceedings", the definition of
"misconceived" is as follows:
"If investigation into a relevant completed disciplinary proceeding has satisfactorily

proved that, even though the allegation was made in good faith, a misunderstanding on
behalf of the person making the allegation occurred, or the incident was not; child abuse,
sexual misconduct, or an act of violence."
The proceedings to be notified include completed proceedings involving child abuse,

sexual misconduct or acts of violence committed by the employee in the course of
employment where these acts:
¾ involved children
¾ were directed at children
¾ took place in the presence of children.
For the purposes of this procedure, relevant disciplinary proceedings are deemed to have
been completed:
¾ once council has reached a point where the investigation of the matter has
concluded and a finding has been reached, irrespective of whether disciplinary
action is yet to be initiated

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¾ where the relevant disciplinary proceedings are completed at the instigation of the
employee by the employee terminating their employment by their own choice before
council has had the opportunity to finalise the disciplinary process.
The Commission for Children and Young People is to be notified of relevant disciplinary
proceedings.
Any current or former employee of council who is the subject of such a notification is to
be notified that details of completed relevant disciplinary proceedings involving them are
registered with the Commission for Children and Young People.

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CHAPTER 5:
OCCUPATIONAL HEALTH AND
SAFETY

Page 188
Occupational health and safety
Aim
The aim of this policy is to ensure the health, safety and welfare of employees,
contractors, visitors and others at the workplace.
Occupational Health and Safety Act
The primary legislation to consider is the Occupational Health and Safety Act 2000 (OHS
Act), which covers all workplaces and work activities.
In broad terms, the overall aim of the OHS Act is to ensure that workplaces are safe
through:
¾ defining the employer's duty of care;
¾ providing for workplace participation and consultation by employers and employees;
¾ setting out details in a legislative framework of associated regulations, codes of

practice and Australian Standards to provide practical guidance on specific
hazards.
The duty of care imposed under the OHS Act applies not only to employees at the
workplace but to other persons who may be at the workplace, for example, visitors,
contractors or visiting maintenance staff.
The main obligations under the OHS Act are:
¾ a duty of care for the employer to ensure the health, safety and welfare of
employees and others at the workplace;
¾ an explicit duty of the employer to consult;
¾ an obligation for employers to take reasonable care to identify any foreseeable

hazard that may arise from the conduct of the employers undertaking, assess the
risk of harm to health or safety from any identified hazard and eliminate any
reasonably foreseeable risk;
¾ If elimination of the risk is not reasonably practical, the employer must minimise the
risk to the lowest level reasonably practical;

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¾ person in control of work premises, plant or substances used by non-employees
must ensure the health and safety of people who use the premises as a place of
work, or the plant or substances at work;
¾ council's 'duty of care' applies to all people in the workplace, including visitors,
contractors and others;
¾ designers, manufacturers and suppliers of plant and substances have a general

obligation to ensure that their products are not a risk to health and safety when
properly used, and to provide information on the correct use and potential hazards
associated with the use of the products in the workplace;
¾ employees have a general obligation to take care of others and cooperate with
employers in matters of health and safety.
Responsibility for OHS

Under the OHS Act, the duty of care applies to the employer and all persons who are in
control of the workplace. Under the Local Government Act, the general manager, is
responsible for day-to-day operations and therefore has overall responsibility to ensure a
safe workplace. All managers and supervisors share this responsibility.
In addition employees also have the responsibility to take reasonable care to work in a
safe manner, and not to endanger fellow employees and other persons at the workplace.
Employees are also required to follow the reasonable directions of an employer with
regards to workplace safety and also not to interfere or misuse equipment provided for
safety reasons. For example, if a council employee fails to wear a hard hat provided by
the council for use in a designated construction area, or removes the chinstrap from the
hard hat then that could be a breach of the OHS Act.
OHS Regulation 2001

The aim of the OHS Regulation 2001 (The Regulation) is to replace former regulations
relating to occupational health, safety and welfare with a single consolidated regulation.
The regulations replaced include regulations made under provisions of the Construction
Safety Act 1912, the Factories, Shops and Industries Act 1962 and the Occupational
Health and Safety Act 1983 repealed by the occupational Health and Safety Act 2000.
The Regulation contains provisions in respect of the following matters:
(a) the identification of hazards by employers and the elimination or control of risks at
employers' places of work,
(b) the establishment of occupational health and safety committees and the election of
employees' representatives in connection with an employer's duty under the act to

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consult with employees in respect of decisions affecting their health, safety and
welfare at work,
(c) the duties of a controller of premises used by people as a place of work to identify
hazards and eliminate or control risks at the premises,
(d) particular risk control measures (including provisions regarding lighting, noise,
atmosphere, electricity, confined spaces and manual handling),
(e) the design, manufacture and registration of plant (including amusement devices) for
use by people at work,
(f) the use of plant at places of work,
(g) the manufacture and supply of hazardous substances for use at places of work and
the use of hazardous substances at places of work,
(h) the regulation of hazardous processes at places of work (including such processes
as spray painting, abrasive blasting, welding and working with lead),
(i) the regulation of construction work (including excavation work, demolition work and
working with asbestos),
(j) the prescribing of work for which certificates of competency are required (including
such work as scaffolding, rigging and the operation and use of certain plant and
tools),
(k) the licensing of, and the issuing of permits for, demolition or asbestos removal work,
(l) the notification of accidents and other matters.
The Regulation refers to various Australian Standards and other standards or codes for
the purpose of prescribing, throughout the Regulation, provisions applicable to
occupational health, safety and welfare.
Industry codes of practice

Industry codes of practice are practice guidelines that have been adopted by either the
appropriate national body (Worksafe Australia) or state body (WorkCover Authority).
They are intended to provide information and guidance in the adoption of measures to
address a specific workplace hazard. For example, there is an industry code of practice
for the installation and use of garbage compactors.
Industry codes of practice do not have the same legal status as regulations in NSW.
Under the NSW OHS Act an industry code of practice can be adopted by the Minister as
an approved industry code of practice. Failure to meet the approved industry code of
practice is not a breach of the OHS Act. It is evidence of a potential breach in that the
code sets out the reasonable practical steps a responsible employer should take. Set out
below is a selected list for councils of approved industry codes. The list is not
exhaustive.

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Industry Codes of Practice
Compactors
Manual Handling
Occupational Overuse Syndrome
Safe Handling of Timber Preservatives and Treated Timber
Tunnels under Construction
Workplace Injury and Disease Recording
Electrical Practices for Construction Work
Facade Retention
Safe Use of Synthetic Mineral Fibres
Mono-Strand Post Tensioning of Concrete Buildings
Control of Legionnaires Disease
Safe Work on Roofs (Part 1 - Commercial and Industrial Buildings, Part 2 - Residential)
Snigging of Logs
Pumping Concrete
Overhead Protective Structures
Safety Line Systems
Workplace Hazardous Substances
Labelling of Workplace Substances
Cutting and Drilling Concrete and other Masonry Products
Amenities for Construction Work
Management and Protection of Hearing at Work
Safe Storage and use of Herbicides and Pesticides
Workplace Amenities
OHS Consultation
Work in Hot or Cold Environments
Occupational health and Safety Induction Training for Construction Work

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Australian Standards
Standards Australia is an independent body which seeks to develop technical standards
for a wide range of products, plant and activities. The standards, usually referred to as
Australian Standards (AS) are developed by technical advisory committees and provide
guidelines as to appropriate quality and procedures. A standard is an authoritative
statement and could be used as evidence as to what the responsible employer would do.
Some standards have been incorporated into regulations and therefore a breach of a
standard adopted in a regulation is a breach of the OHS Act. By way of example, under
provisions of the Regulation, an employer must ensure that the erection and dismantling
of scaffolds and temporarily erected structures, intended for use to support sheetings,
hoardings, guard rails, means of access or egress and entertainment equipment is
carried out in compliance with AS/NZS 1576.1:1995 Scaffolding Part 1: General
Requirements. Failure to comply with AS/NZS 1576.1:1995 is a breach of the Regulation
which in turn is an offence under the OHS Act.
Due diligence
Employers are legally required to take positive steps to ensure a safe workplace.
Examples of positive steps that would demonstrate due diligence are:
¾ develop council OHS policies and procedures;
¾ consult with council employees;
¾ undertake a workplace hazard identification for all council workplaces and activities;
¾ carry out a risk assessment of the identified hazards;
¾ eliminate the risk or, if this is not reasonably practical, minimise the risk to the
lowest level reasonably practical;
¾ establish training strategies to provide knowledge and skills to enable council

employees to work safe;
¾ monitor the implementation of the policies and procedures;
¾ review all safety incidents;
¾ review and evaluate the safety policies and procedures amending as necessary.
The OHS Act establishes employer responsibilities and obligations, workplace monitoring
mechanisms, training requirements, employee obligations and powers of WorkCover
inspectors.

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OHS Consultation
Division 2 of the OHS Act 2000 deals with the employers duty to consult and these
provisions are amplified within the OHS Regulation 2001, at Chapter 3 Workplace
Consultation.
Workplace consultation may be undertaken by any one or more of the following means:
An OHS committee(s)
An OHS representative(s)
Other arrangements agreed by council and its employees.
Consultation is required:
(a) When risks to health and safety arising from work are assessed or when the
assessment of those risks is reviewed, and
(b) When decisions are made about the measures to be taken to eliminate or control
those risks, and
(c) When introducing or altering the procedures for monitoring those risks (including
health surveillance procedures), and
(d) When decisions are made about the adequacy of facilities for the welfare of
employees, and
(e) When changes that may affect health, safety or welfare are proposed to the
premises where persons work, to the systems of methods of work or to the plant or
substances used for work, and
(f) When decisions are made about the procedures for consultation.
Functions of OHS Committees and OHS Representatives

An OHS committee or an OHS representative has the following functions:
(a) To keep under review the measures taken to ensure the health, safety and welfare
of persons at the place of work,
(b) To investigate any matter that may be a risk to health and safety at the place of
work,
(c) To attempt to resolve the matter but, if unable to do so, to request an investigation
by a WorkCover inspector.
Additional functions are prescribed within the Regulation

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Associated Legislation
In addition to the OHS Act and Regulation there are a number of other associated Acts
that have to be taken into consideration. These are:
Coal Mines Regulation Act 1982

Dangerous Goods Act 1975
Mines Inspection Act 1901
Rural Workers Accommodation Act 1969
Need for supporting procedures and processes

All supporting procedures need to be developed in consultation with employees, should
be fully documented and readily available.
WorkCover is responsible for the administration and enforcement of the OHS Act. It
provides an extensive range of information kits and publications on a variety of
occupational health and safety issues, including:
Guide - Risk Management at Work

Guide - First Aid in the Workplace
Guide - Workplace Safety Kit
For detailed information refer to the WorkCover Authority at:
WorkCover,
GPO Box 5364
SYDNEY NSW 2001.
Client Contact Centre: 13 10 50
Fax: (02) 9370 6150
Information on the internet

There is considerable information related to employee health and safety on the internet.
Access to the web opens up a tremendous range of resources. Set out below are
examples of OHS websites that will be of value and interest. Many of the sites are linked
to other sites which in turn expands the field quite considerably.
Local Government and Shires Associations of NSW: www.lgsa.org.au

WorkCover NSW: www.workcover.nsw.gov.au
National Occupational Health and Safety Commission: www.nohsc.gov.au
Standards Australia: www.standards.com.au
A good example of an organisation's safety web site is the University of Wollongong.

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This is currently located at: http://www.uow.edu.au/admin/personnel/ohs/ohs.html
The page sets out a wide range of policies, procedures and electronic safety manuals.
There are also useful links to other sites.

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Application
This policy applies to all employees and, where relevant, contractors and employees of
contractors.
Workplace health and safety

Council is committed to complying with all relevant aspects of workplace accident
prevention, hazard control and removal, injury protection and health preservation.
OHS consultation statement

The OHS Consultation Statement has been developed to support this policy and details
the requirements for consultation between management and employees. This policy
statement is made to facilitate participation from all in the workplace to ensure that the
objectives of this policy are met.
A shared responsibility
Health and safety at work is both an individual and a shared responsibility of employees
and management, as set out below.
Management -Managers at all levels should take measures within their authority to
ensure the health and safety of all persons in, and accessing, the workplace.
Supervisors - Supervisors are responsible and accountable for the safety and safety
standards of working environments under their control, for compliance with these
standards by employees and for supplying employees with accurate and adequate
information on safety and health matters.
Occupational health and safety committee/representative(s) - The OHS

committee/representative(s) will support all aspects of the council's occupational health
and safety policy and program through the process of joint consultation.
Employees - All employees are required to co-operate with council by following the OHS
policy and programs to ensure their own health and safety and the health and safety of
others in the workplace.

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Contractors and employees of contractors
All contractors and sub-contractors engaged to perform work on council's premises or
locations are required, as part of their contract, to comply with the occupational health
and safety policies, procedures and programs of the council and to observe directions on
health and safety from designated officers of the council. Failure to comply or observe a
direction will be considered a breach of the contract and sufficient grounds for termination
of the contract.
Promotion of occupational health and safety on council initiatives

Council will promote and maintain a safe and healthy workplace by:
¾ developing procedures, programs and job instructions;
¾ designing council buildings, amenities and work areas;
¾ selecting and procuring tools, equipment, plant and vehicles;
¾ displaying signs which are in Plain English or with simple visuals.
Council will promulgate appropriate rules, procedures and programs on specific health
and safety equipment and will provide relevant instruction manuals written in plain
English or with simple visuals.
Training
Council will ensure training is provided to encourage the use of safety standards and the
application of relevant legislation in the workplace. Account will be taken of the
integration of language, literacy and numeracy with training generally in OHS training.
In particular (and without limiting the scope of OHS training, council shall provide
induction training that covers the following:
(a) Arrangements within council for the management of occupational health and safety,
including arrangements for reporting hazards to management,
(b) Health and safety procedures within council relevant to the employee, including the
use and maintenance of risk control measures, and
(c) How employees can access any health and safety information that council is
required to make available to employees.
Compliance
Employees must observe council's health and safety procedures and instructions. If an
employee breaches these instructions or procedures, council may take disciplinary
action.

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Variation

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OHS consultation statement
Aim
The aim of this statement is to record council's OHS consultation arrangements and
publicise these arrangements among existing and new employees.
Issues to Consider
The OHS Regulation requires that the employer record their OHS consultation
arrangements and publicise these arrangements among existing and new employees.
One way of meeting these requirements is by preparing, in consultation with employees,

an OHS Consultation Statement. The OHS Consultation Statement can cover the type of
information previously contained in an OHS Committee constitution.
The council should record:
(a) The OHS consultation arrangements (including the relevant workgroups where the
consultation arrangements involve OHS committees or OHS representatives).
(b) How the OHS consultation arrangements were arrived at.
(c) How employees will be consulted about OHS.
The WorkCover NSW Health and Safety Code of Practice for OHS Consultation 2001 is a
practical guide for meeting the duty to consult set out in the Occupational health and
Safety Act 2001 and the Occupational health and Safety Regulation 2001. The code of
practice should be referred to when establishing or reviewing OHS consultative
mechanisms.
The following OHS Consultation Statement is based upon an example contained within
the code of practice.

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Consultation Statement - example
Council commitment
Council is committed to protecting the health and safety of all our employees and others
at the place of work. Council will consult with employees in implementing safety practices
and systems that will ensure the health, safety and welfare of our employees. Employee
involvement at all levels is critical for ensuring a safe workplace.
An OHS Committee and OHS Representatives will be established to promote safety and
health in the workplace.
OHS Representatives
The OHS Representatives that have been elected by employees are:
NAME WORKGROUP
The OHS Representatives have been elected in accordance with the procedures agreed
between council and its employees for two year terms.
The OHS Representatives are responsible for raising specific health and safety issues
that arise in relation to the employees in their workgroup. Employees should raise OHS
issues directly with their supervisor or their OHS Representative. Where the OHS
Representative cannot resolve an OHS issue it has been agreed that they will refer it to
the OHS Committee.
OHS Committee
The OHS Committee shall consist of four employee members and four employer
representatives.
The workgroup for the OHS Committee is all council employees.
The employee members of the OHS Committee are the four OHS Representatives. The
management representatives are:
NAME APPOINTMENT
The OHS Committee will assist with the development and monitoring of safe work
practices and systems, and discuss issues that affect the health, safety and welfare of all
employees of council. Council will respond to OHS Committee recommendations within a
timeframe agreed by the Committee, set according to the particular issue and its
complexity.

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How employees will be consulted about OHS
When an OHS issue is raised either by the council, an employee or the OHS committee,
the OHS Representative will consult members of their workgroup. The OHS
Representative will also feed back to their work group the outcomes of OHS Committee
meetings.
Employees should draw to the attention of their supervisor or OHS Representative any
health and safety concerns that they have about the workplace so the issue can be
promptly addressed.
Establishment of consultation arrangements

Council discussed establishing consultation arrangements with its employees in April
2002. After a number of information sessions and small group workshops with all
employees, it was agreed to establish OHS Representatives and an OHS Committee.
Review of consultation arrangements

It has been agreed by council and its employees that these OHS consultation
arrangements will be monitored and reviewed on an on-going basis to ensure that
consultation with all employees is effective and that all safety issues are being
addressed.
Signed by General Manager
Dated

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Protective clothing and equipment
Aim
The aim of this policy is to reduce the risk of injury, illness or work-related hazards by
providing employees with protective clothing and equipment.
Legislation and regulations
The Occupational Health and Safety Act 2000 (OHS Act) and the OHS Regulation 2001
contain provisions for protective clothing and equipment.
Specifically, Clause 15 of the Regulation deals with the employers obligation to provide
personal protective equipment and ensure that:
(a) the equipment provided is appropriate for the person and controls the risk for that
person, and
(b) the person is informed of any limitations of the equipment, and
(c) the person is provided with the instruction and training necessary to ensure that the
equipment controls the risk for the person, and
(d) the equipment is properly maintained and is repaired or replaced as frequently as is
necessary to control the risk for the person, and
(e) the equipment is provided in a clean and hygienic condition to the person, and
(f) the equipment is stored in a place provided by the employer for the purpose, and
(g) areas in places of work where personal protective equipment must be used are
clearly identified.
Codes of practice and standards

Codes of practice. Codes of practice will often indicate the requirement for use of
personal protective equipment. The requirements should be identified and reflected with
council's safe work method statements.
Standards. Personal protective equipment should be selected and used in accordance

with WorkCover Authority approval (for equipment where approval is given) in
compliance with the relevant Australian Standards, in particular:
Eye protection should comply with AS 1337 Eye Protection for Industrial Applications
and be selected and used in accordance with AS 1336 Recommended Practices for
Eye Protection in the Industrial Environment.

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Respiratory protection should comply with AS 1716 Respiratory Protective Devices
and be selected in accordance with AS 1715 Selection, Use and Maintenance of
Respiratory Protective Devices.
Hand protection should comply with AS 2161 Industrial Safety Gloves and Mittens
(Excluding Electrical and Medical Gloves).
Foot protection should comply with AS 2210 Safety Footwear.
Head protection should comply with AS 1801 Industrial Safety Helmets and be used in
accordance with AS 1800 Selection, Care and Use of Industrial Safety Helmets.
Clothing for protection against chemicals should comply with AS 3765 Clothing for
Protection Against Hazardous Chemicals.
Awards and industrial agreements

The Local Government Award provides for wide-ranging use and supply of protective
equipment and clothing.
Work clothes and uniforms

Work clothes and uniforms are not regarded as protective clothing.

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Applicability
Council obligations
Council will comply with all relevant legislation and provide suitable personal protective
clothing and equipment for all relevant employees.
Employees have a legal obligation to comply with legislation and regulations which
require the use of personal protective clothing and equipment, and to abide by council
policy and instructions in their use. Employees must not interfere, misuse or alter without
authorisation personal protective clothing or equipment provided for safety purposes.
Quality and suitability of personal protective clothing and equipment

All protective clothing and equipment procured by council must comply with the
requirements of the appropriate authorities including, where applicable, the requirements
of Standards Australia. Appropriate procedures for maintaining and checking equipment
is essential to ensure the reliability of the equipment.
Employee consultation
When procuring new or replacement protective clothing and equipment, council will
consult with the Occupational Health and Safety committee/representative(s).
Non-compliance by employees
An employee who, for medical or physical reasons, cannot wear protective clothing or
use protective equipment, must give council an explanatory written statement signed by a
medical practitioner. Council reserves the right to have the employee examined by a
medical practitioner of council's choice. Council also reserves the right to redeploy the
employee or take other action if necessary.
An employee who breaches council's requirements for protective clothing or equipment

will be subject to disciplinary action.
Variation

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Workers compensation
Aim
The aim of this policy is to:
¾ provide to injured employees fair and equitable access to worker's compensation

entitlements in accordance with council's statutory obligation;
¾ reinforce council's commitment to providing a safe and healthy work environment;
¾ provide procedures for investigation and discussion of workplace accidents, with a

view to remedial action.
Legislation
In 1998 new arrangements were introduced which placed a greater emphasis in
workplace injury management of employees injured at work Further major reforms began
on 1 January 2002 and include streamlined notification/claims processing. The objective
is to provide more effective and prompt treatment of employees to assist their return to
work as soon as possible consistent with medical advice. Under the new arrangement
the following requirements apply:
¾ an employee must notify council of the injury immediately or as soon as practical.
¾ the council must notify the insurer within 48 hours if it appears the workplace injury
is likely to result in the employee being incapacitated for 7 or more calendar days
(this is called a "significant injury").
¾ council must report all other injuries within 7 days.
¾ the insurer is obliged to begin weekly compensation payments within 7 days of

being notified of the employee's injury, except if there is a reasonable excuse not to
do so. These payments are known as "provisional liability payments". Such
payments are not an admission of liability by the insurer or the employer.
¾ the injured employee is required to co-operate in any injury management plan

developed by the insurer and return to work plan developed by council. failure to
comply may affect compensation entitlements.
¾ council must comply with the injury management plan and, if necessary, provide
suitable work.
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Status of the Workers Compensation Act 1987
The Workers Compensation Act 1987 (the 1987 Act) has not been repealed by the
Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act). In a
practical sense reference should be made to the 1987 Act for the provisions relating to a
worker's entitlements to compensation, the payment of benefits, medical expenses,
access to common law remedies and other matters that relate to claims entitlement. The
majority of the basic principles of entitlement and range of benefits are still contained in
the 1987 Act and are to be read in conjunction with the 1998 Act.
Legislation relevant to workers compensation includes the following:
Workplace Injury Management and Workers Compensation Act 1998

Workers Compensation Act 1987
Workers Compensation (General) Regulation 1995
Workers Compensation (Workplace Injury Management) Regulation 1995
Workers Compensation (Insurance Premiums) Regulation 1995
Workers Compensation Transitional Regulation 1997
Definitions
Injured employee means an employee who has received an injury or sustained an
adverse effect on health where employment was a substantial contributing factor.
Compensation refers to entitlements under the Workers Compensation Act 1987 and the
Workplace Injury Management and Workers Compensation Act 1998.
Additional Information
WorkCover has released the following information kits and will release further guidelines
in the future:
¾ Guide to Workers Compensation and Rehabilitation;
¾ WorkCover Benefits Guide;
¾ Medical Practitioner's Guide to Workers Compensation and Rehabilitation System.
¾ WorkCover Provisional Liability and Claims Guidelines

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Applicability
Commitment to prevention
Council is committed to preventing occupational injury and illness by providing a safe and
healthy working environment.
Minimisation of compensation costs

Council is committed to minimising its workers compensation costs by adopting
appropriate risk-management strategies.
Implementation
This policy will be implemented through the procedures set out in the schedule which
follows.
Variation

Page 208
Procedure
Registering and reporting workplace injuries
Council will record workplace illness and injuries in a special register.
Notification of injuries
All employees are required to notify their supervisor or manager of any injuries received
at work as soon as practical and with no undue delay. In the event that the immediate
supervisor or manager is not available then the injury must be reported to the next level
of management.
The council will notify the insurer of all significant injuries within 48 hours after receiving
notification from the employee.
When an employee is injured in the workplace, the employee (or a representative) should
report the injury to the employer's representative, immediate supervisor or other
appropriate person, whether or not a claim for workers compensation is made.
Council will report the accident to WorkCover when any of the following occur:
¾ accidents causing death or serious personal injury to employees or non-employees;
¾ work-related illnesses lasting at least 7 consecutive days;
¾ An occurrence prescribed within Section 86 of the Act or Chapter 12 of the

Regulation
Investigation of workplace accidents

All workplace accidents must be investigated by the designated council officer in
conjunction with any investigation required by law. A report on the accident should be
given for discussion to the Occupational Health and Safety Committee which should
consider initiating appropriate remedial action.
Processing of claims
When workplace illness or injury results in a claim for workers compensation, council
must process the claim as quickly as possible and comply with legislative and regulatory
requirements.

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Injury management plan
In consultation with the injured employee council will assist the insurer to develop an
'Injury Management Plan'. Council will take all necessary steps to implement the Injury
Management Plan consistent with medical advice.
An injured employee must make all reasonable efforts to comply with the Injury
Management Plan and to return to pre-injury duties as soon as practical.
Council, for their part, will make all reasonable effort to provide suitable work for an
injured employee.
Role of the treating doctor

Council will seek at all times to co-operate with the treating doctor. When necessary
specialist medical information may be sought by either the employee's treating doctor or
by council for the purposes of seeking more accurate medical advice to aid the
development and monitoring of an Injury Management Plan.
Dispute resolution
Council will seek to resolve any disputes over worker's compensation Claims through
consultation between council, the employee and the insurer. If unable to resolve the
dispute the matter will be referred to the Claims Assistance Service.

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Rehabilitation
Aim
The aim of this policy is to make occupational rehabilitation available to employees who
sustain an occupational injury or illness, and to help them return to work as soon as
possible.
Legislation
The following legislation regulates occupational rehabilitation:
Workers Compensation Act 1987

Workplace Injury Management and Workers Compensation Act 1998
Industrial Relations Act 1996
Under the Industrial Relations Act, 1996 it is unlawful to dismiss an injured employee, for
reason that the employee is not fit for employment as a result of the injury/illness, within
six months of the injury.
Further, injured employees who have been dismissed on account of an injury arising out
of or in the course of employment can apply to the Industrial Relations Commission for
reinstatement to employment which is not more advantageous than the employment at
the time of dismissal. The application for reinstatement must be made within 2 years of
the date of dismissal and a medical certificate proving fitness must be supplied.

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Definition
Occupational rehabilitation
Occupational rehabilitation is defined by WorkCover as the restoration of injured workers
to the fullest physical, psychological, social, vocational and economic usefulness of which
they are capable. It is about getting injured workers back on the job as quickly as is
safely possible.
WorkCover publications on rehabilitation

Detailed requirements are contained in the following WorkCover publications:
Guidelines for Workplace-based Occupational Rehabilitation Programs for large

and medium sized businesses
Managing Workplace Injury - Information for Employers
Small Business Standard Rehabilitation Program
Workers Compensation Act 1987 (summary to be posted up at workplaces)
Rehabilitation Information for Workers
Rehabilitation Procedures - Guidelines for Insurers, Employers and Rehabilitation
Providers
Confidentiality of Rehabilitation Information - Guidelines for Employers
Training and Employment Programs for Injured Workers
How to Organise Suitable Duties in Local Government.
Handbook for Rehabilitation Coordinators
Work Trial - Information for Employers

Page 212
Applicability
This policy applies to all employees who suffer workplace illness or injury and require a
program of rehabilitation.
Workplace-based occupational rehabilitation program

Council's workplace-based occupational rehabilitation program has been developed in
consultation with the Occupational Health and Safety Committee/Representative(s) and
will be consistent with WorkCover guidelines. The principles underpinning this program
are:
¾ early intervention, consistent with medical judgement;
¾ commitment to rehabilitation by all interested parties;
¾ recognition of the costs, real and hidden, of employment-related injury and illness;
¾ recognition that rehabilitation contributes to workplace health and productivity.
Components of the program

Early rehabilitation intervention
Council is committed to the early and successful return of injured or ill workers to the
workforce, consistent with medical recommendation.
Council will therefore ensure the occupational rehabilitation process begins as soon as
possible after occupational injury or illness has been assessed.
Medical assessment and specialist support

Where liability is admitted or established, council will facilitate early medical assessment
of the injured or ill employee. This may involve council-nominated medical specialists or
health professionals to support the treating medical practitioner.
List of rehabilitation providers

Council, in consultation with the Occupational Health and Safety
Committee/Representative(s), will establish a list of preferred rehabilitation providers
covering several areas of specialisation. A copy of the list will be available to any
employee who asks for it.

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Rehabilitation plans
Where appropriate, council will develop a rehabilitation plan. Each plan must adhere to
the format set out by WorkCover and it must clearly identify:
¾ a return to work goal;
¾ objectives;
¾ services to be provided;
¾ duration of services;
¾ cost of services.
Each rehabilitation plan will recognise the employee's:
¾ current medical status and prognosis;
¾ functional ability;
¾ employment status.
Provision of alternative duties during rehabilitation

Where reasonable and practicable, council will provide as part of the rehabilitation
process suitable alternative duties for an employee who has suffered workplace illness or
injury.
Monitoring the rehabilitation process

Council will play an active role in monitoring the progress of rehabilitation programs. This
may involve liaison with the rehabilitation provider(s), relevant insurer, council's medical
practitioner/adviser, other medical specialists, and health professionals. Council will
initiate whatever action is necessary if it is not satisfied with the progress or success of a
rehabilitation program.
Variation

Page 214
Procedures for rehabilitation
Referral to rehabilitation
A recommendation for use of occupational rehabilitation services may be made by any
interested party: the employee, the employee's union, treating medical practitioner or
health professional, employer, insurer or rehabilitation provider.
The choice of rehabilitation provider (who must be accredited by WorkCover) may be

made by:
¾ council (normally from the list of preferred providers) either on its own initiative or
upon authorisation by the insurer following acceptance or determination of liability;
¾ the ill or injured employee, if they wish to use a provider other than a preferred
provider;
¾ the insurer, if neither council nor the employee has chosen a provider.
Approval of referral to rehabilitation

Approval for rehabilitation services up to and including the development of a rehabilitation
plan may be given only by council or the insurer. The rehabilitation provider must have
the approval of council or the insurer, regardless of who makes the referral.
Council will refer ill or injured employees to rehabilitation providers as soon as possible
on the basis that this referral does not constitute an admission of liability under the
Workers Compensation Act.
If liability is denied the employee may still use the services of the provider at the
employee's cost.

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Drug and alcohol free workplace
Aim
The aim of this policy is to ensure a safe workplace free from the effects of drugs and
alcohol.
Safety in the workplace and fitness for work
Employees are obliged to present themselves for work in a fit state so that in carrying out
normal work activities they do not expose themselves, their co-workers or the public to
unnecessary risks to health and safety.
Both the welfare of the individual and the health and safety of other people need to be
considered. Although disciplinary action may be necessary, this policy also focuses on
preventative measures. Employers should also be aware that they may face issues of
discrimination if a certain employee or employees are specifically targeted for testing.
When is disciplinary action appropriate?

Drug and/or alcohol abuse is an illness and should be recognised as such by council.
Council's compassion or concern for the employee however must be tempered by
responsibilities imposed by the OHS Act 2000 to ensure the health, safety and welfare of
all persons in the workplace.
Accordingly, instances of drug / alcohol abuse in the workplace should be treated as acts
of serious misconduct and disciplinary action taken. The disciplinary action should be
complimented by offers of support to the employee through council's employee
assistance program or other external agencies such as specialist units at public hospitals,
etc.
Where suspected drug/alcohol abuse is impacting upon an employees work performance

but the abuse in not occurring, or overtly manifesting itself, in the workplace then a more
conciliatory approach can be justified. Under this approach, the emphasis is on assisting
the employee to break the cycle of abuse and thereby improve their work performance. In
such cases, disciplinary action should be viewed as a last resort after it is clear that the
employee is either unwilling or unable to break the cycle of abuse.

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Testing for drugs and alcohol
Worksafe Australia considers that, because drug testing in the workplace raises issues of
privacy, it should be carried out only if 'substantial' risk existed for the employee, co-
workers or the public. Employees should be notified of testing programs rather than
individual tests and of the consequences.
The former Privacy Committee of NSW considered that drug and alcohol testing should
be limited to certain justifiable circumstances including:
¾ where an employee's impairment by drugs poses a substantial and demonstrable

safety risk to the employee or to other people;
¾ where there is reasonable cause to believe that the employee to be tested may be
impaired by drugs;
¾ where the type of drug test to be used can identify the presence of a drug at
concentrations which may cause impairment.

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Definition
Intoxication
In general, intoxication is the temporary loss of control, due to alcohol or drug abuse,
over mental and physical powers. Absolute standards may be set for particular activities
e.g. driving motor vehicles. Referral for testing, diagnosis and treatment should be based
on work performance and related issues.

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Applicability
Drugs and alcohol in the workplace

The use of drugs or alcohol in the workplace - including council premises, parks,
reserves, vehicles, plant, or any council building or physical asset - is prohibited. The
general manager may waive this requirement where circumstances warrant - for
example, when council sponsors a social event, such as an official farewell or a
Christmas party. The focus of this policy is drug and alcohol dependence which affects
the work performance of the individual. This policy is directed towards maintaining a
satisfactory level of employee health, safety and work performance.
Prescribed drugs or medications

An employee must advise their supervisor if they are taking any prescribed drug or
medication which may affect their fitness for duty, impair their judgement, significantly
alter their mood, or affect their work performance. Consequently, an employee should
find out from their doctor or pharmacist what the effects of a drug which is prescribed for
their consumption will be on work performance. Employees should be made aware that it
is their responsibility to inform their manager or supervisor if they are likely to be subject
to the effects of prescription medication whilst they are at work.
Council's rights when drug or alcohol use is suspected

The general manager (or another appropriate officer) may have the employee removed
from the workplace and may initiate any reasonable action considered necessary, if a
manager or supervisor has justifiable cause to suspect that an employee is under the
influence of alcohol or drugs, or doubt an employee's fitness for duty. An employee may
be removed from duty pending an urgent medical examination to determine fitness for
duty, if it is believed that the use of drugs or alcohol renders a risk to the health or safety
of the employee, co-workers or the public.
Employee assistance scheme

Council will sponsor an employee assistance scheme which, among other things, assists
employees who voluntarily seek help for alcohol or drug dependence problems.
Participation by any employee in the employee assistance scheme will be regarded as
confidential. Employees who suspect that they may be dependent on alcohol or drugs
are encouraged to seek external clinical assistance or to participate in the employee
assistance scheme.

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Drug and alcohol awareness program
Council will support a drug and alcohol awareness program designed to inform
employees of the dangers and consequences of drug use in the workplace and the
availability of counselling, rehabilitation and employee assistance schemes.
Non-compliance
If an employee's performance is affected by drug or alcohol abuse council may initiate
disciplinary action in accordance with council's policy and provisions of the Award.
Obvious instances of drug/alcohol abuse at work

Employees are advised that obvious instances of drug and/or alcohol abuse whilst an
employee is at work (e.g. turning up for work drunk or under the influence of drugs; being
caught consuming alcohol/drugs at work) constitute an act of serious misconduct and will
result in the employee being issued a "first and final warning".
Such action is permissible under provisions of the Award and reflects the serious nature
of this offence.
Where such a warning is issued, any further instance of alcohol or drug abuse will result
in termination of employment.
Notwithstanding the above, council will continue to encourage the employee to seek
appropriate counselling through council's Employee Assistance Program or another
external agency.
Drug/alcohol abuse affecting work performance

Where it is suspected that drug/alcohol abuse is having a detrimental effect on an
employee's work performance (e.g. employee presenting for duty late and/or consistently
hung-over or suspicious absenteeism due to alcohol / drug abuse) action is to be taken in
accordance with the following procedure.
Variation

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Procedure for dealing with drug or alcohol abuse
affecting work performance
The procedure for dealing with drug and alcohol abuse is divided into three stages:
¾ Stage 1 - discussion between the employee and immediate supervisor;
¾ Stage 2 - discussion between the employee, supervisor, divisional manager and

union representative (optional);
¾ Stage 3 - disciplinary action.
Stage 1
The employee and immediate supervisor should participate in Stage One. Circumstances
may warrant the presence of an observer. The employee may request a union
representative to be present.
Procedural fairness must be observed. The following steps must be followed:
¾ The supervisor must clearly state the performance-related reasons for the interview
- for example, punctuality problems, absenteeism, difficult interpersonal workplace
relationships - and should restrict discussion to performance-related matters only.
The employee must be given the opportunity to respond;
¾ The supervisor must clearly state what standards of performance are required or
expected;
¾ Discussion should be directed towards identifying an underlying alcohol or drug-

abuse problem;
¾ The supervisor should offer assistance by referring the employee to an agency or

encouraging the employee to participate in an Employee Assistance Scheme. (The
employee is not bound to accept these offers. The employee's decision to accept or
reject the offers should not influence council's subsequent actions);
¾ A time-frame for a review should be established. The employee should be informed

of expected changes, on-going performance monitoring by the supervisor and the
compulsory interview at the end of the review period;
¾ The employee should be made aware of possible consequences if there is no

significant improvement.

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The supervisor should prepare a brief summary of the interview and give two copies to
the employee. After reading the summary, the employee should sign one of the copies
and return it to the supervisor. This copy should be placed under confidential cover on
file.
The review interview should be held at the prescribed time. The points discussed should
respond exactly to those raised at the first interview; improvements should be
acknowledged. Continuing problems, such as continued decline in performance, and any
new performance-based problems should also be identified and discussed. The
supervisor should again prepare a summary of the interview, which should be distributed
and actioned as above.
Results of Stage 1
If all aspects of work performance and related matters have met performance standards
and expectations, the supervisor should acknowledge this. The supervisor will then
prepare a summary of the interview, distribute and action it as above and place a copy on
the employee's file.
If there has been no noticeable improvement, the supervisor must advise the employee
that the matter will be referred to Stage 2. The supervisor will prepare a summary of the
interview accordingly, and will refer the matter to the departmental manager or
appropriate senior officer for stage two action.
If there has been some improvement in one or more previously-identified areas and no
decline in other areas, the supervisor will set a further remedial time-frame and review
interview. The supervisor will prepare a summary of the interview accordingly, and
distribute and action it as above.
Stage 2
The participants at Stage 2 should be the employee, supervisor, departmental manager
or appropriate senior officer and, at the option of the employee, a union representative.
Procedural fairness must be observed. Where appropriate, and prior to the interview, the
supervisor will ask the employee's permission to obtain a report from the drug/alcohol
rehabilitation agency on the progress of treatment. The following steps must be followed:
¾ The supervisor will provide details of unsatisfactory work performance and related
issues and the steps that were taken to address the issues to that time. The
employee will be given the opportunity to respond to the issues raised;
¾ The supervisor must clearly restate the performance standards required or

expected;

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¾ The supervisor should repeat any previous offer of assistance which has not been
accepted;
¾ A time-frame for a review should be established. The employee should be informed

of expected changes, on-going performance monitoring by the supervisor and the
compulsory interview at the end of the review period;
¾ The employee should be advised of possible consequences if there is no significant

improvement and that this represents a final warning.
The review interview should be held at the prescribed time. The points discussed should
correspond exactly to those raised at the formal interview; improvements should be
acknowledged. Continuing problems, continued decline in performance and any new
performance-based problems should also be identified and discussed. The supervisor
should prepare a summary of the interview and distribute it to all parties who were
present.
Results of Stage 2
If all aspects of work performance and related matters have met performance standards
and expectations, the supervisor should acknowledge this. The supervisor will then
prepare a summary of the interview accordingly, and distribute and action it as above and
place a copy on the employee's file.
If there has been no noticeable improvement, the manager or appropriate senior officer
must advise the employee that the matter will be referred to the final disciplinary stage.
This advice will also be confirmed in writing. The supervisor will prepare a summary of
the interview accordingly for reference to stage three action and will distribute copies as
before.
If there has been some improvement in one or more previously-identified areas, no

decline in other areas, and no identification of new areas of performance deficiency, the
manager (or appropriate senior officer) will set a further remedial time-frame and review
interview. The supervisor will prepare a summary of the interview accordingly, and
distribute and action it as before.
Stage 3
Disciplinary action will be initiated in accordance with council's Disciplinary action
policy.

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Smoke-free working environment
Aim
The aim of this policy is to create a smoke-free working environment.
Medical research
Extensive medical research indicates that smoking damages health, including 'passive
smoking'. As well the Federal Court has decided that there is a decision establishing a
link between passive smoking and disease in non-smokers. Council therefore has an
obligation, under the Occupational Health and Safety Act, to ensure the health and safety
of their employees. Conversely, each employee has an obligation to co-operate with
council in implementing occupational health policies, such as those which prohibit
smoking in enclosed areas. As exposure to cigarette, cigar and pipe smoke is a health
risk, council must take preventative action to minimise the exposure in areas under its
control, for example, on council premises or in council vehicles.
Community attitudes
Community attitudes towards smoking have changed markedly in recent times. There is
strong community acceptance of restrictions on workplace smoking.

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Applicability
Prohibition of smoking on council premises also applies to the general public, because
this is deemed to pose an occupational health risk to council staff.
Smoking in the workplace prohibited

Smoking is prohibited in the following council areas: offices, enclosed public spaces,
vehicles, garages, workshops, depots, caravans, enclosed access areas, lifts, stairwells,
corridors, entrance lobbies, storage areas, lunch rooms, rest rooms, and toilets.
Support of 'quit' programs

Council will encourage employees' participation in 'quit' or equivalent programs.
Variation

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CHAPTER 6:
Staff Training and Development

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A national approach to training and
development
Over the past decade a series of initiatives collectively known as the National Training
Reform Agenda have been proposed by various governmental, industry, union and
educational bodies across Australia.
The National Training Reform Agenda was developed on the basis that training should:
¾ be competency-based;
¾ be nationally consistent;
¾ be tailored to suit different industries, occupations and educational programs;
¾ be portable;
¾ provide standards as benchmarks;
¾ recognise prior learning;
¾ provide for flexible exit and entry points;
¾ be equitable and accessible;
¾ be industry-driven.
In late 1996 a new Vocational Training Framework was endorsed to make the national
training and regulatory arrangements simpler and more flexible. Each industry has been
given the opportunity to develop an industry training package to suit its needs. These
training packages include revised competency standards, assessment guidelines,
qualifications framework and other training resources.
Training Packages include both (nationally consistent) endorsed and non endorsed
components. The endorsed components include:
¾ competency standards;
¾ assessment guidelines;
¾ qualification levels and titles for the Australian Qualifications Framework.

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Non-endorsed components include:
¾ optional learning strategies;
¾ assessment materials ;
¾ information on professional development.
Use of these components is not mandatory to achieve the qualification.
Competency standards
National competency standards are developed by each industry and endorsed nationally.
They form the benchmarks for training and assessment. National competency standards
will be directly related to the AQF.
Qualifications
National qualifications are packages of competency standards that an industry has
identified as relevant to a particular level. Some qualifications in training packages are
identified as apprenticeships or traineeships.
Qualifications should include details of all competencies that have been assessed.
These will be nationally recognised and fully portable, from state to state and from
industry to industry. A document which lists all competencies achieved will accompany
the qualification.
Assessment guidelines
Assessment guidelines contain advice on specific industry arrangements to assess
competencies achieved by trainees, and form the basis for issuing national qualifications
and statements of attainment. Evidence collected by an assessor confirms that a person
can apply the relevant competencies in the workplace. The emphasis is on practical
rather than theoretical skills.
Assessment describes how to judge whether a trainee has achieved the standards of
competency that an industry requires. Skills are assessed in a variety of ways - on the
job, off the job, or a combination of these.
Guidelines provide ways to ensure that assessments of competency in the workplace or
in an institutional setting are valid and reliable.

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The Australian Qualifications Framework (AQF)
The AQF is a national framework for all qualifications for all education and training
qualifications in Australia. There are 12 qualifications in the AQF; 6 of these are relevant
to the vocational education and training (VET) sector. The qualifications are:
Secondary Schools Vocational and Education Higher Education Sector

Sector and Training Sector
Doctoral Degree
Masters Degree
Graduate Diploma
Graduate Certificate
Bachelor Degree
Advanced Diploma Advanced Diploma
Diploma Diploma
Certificate IV
Certificate III
Senior Secondary Certificate II
Certificate of Certificate I
Education
Award requirements
The Local Government Award places emphasis on training and makes the following
commitments on behalf of councils and their employees:
¾ to develop a more highly skilled and flexible workforce;
¾ to provide employees with career opportunities through training;
¾ to remove barriers to the use of acquired skills;
¾ to develop training plans and a training budget consistent with a council's size,
structure, operations and needs (whether courses are provided internally or
externally) having regard to corporate, departmental and individual training needs in
consultation with the consultative committee;
¾ to satisfy specific award conditions which include time off and reimbursement of
fees and expenses.

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Factors affecting the development of training policies are:
¾ available physical and financial resources;
¾ council's human resource management plans and strategies;
¾ training needs specific to a council;
¾ a requirement for policy to be readily capable of review and amendment;
¾ specific items which include the selection of staff to participate in training, leave to
undertake training activities and the content of entry-level training;
¾ accreditation of training and training providers;
¾ recognition of prior learning.
Training plans
The Local Government Award requires each council to develop a training plan and
budget. This must be consistent with:
¾ the current and future skill requirements of the council;
¾ the size, structure and nature of the operations of the council;
¾ the need to develop vocational skills relevant to council and the Local Government
industry.
Corporate, departmental and individual training needs should be taken into account when
developing training plans, which should be designed in consultation with the consultative
committee.
Council training plans should:
¾ provide for training that is consistent with industry and/or nationally-determined

competency-based standards where possible;
¾ provide for the assessment and recognition of employees' current competencies

where possible;
¾ ensure selection of participants to receive training is in accordance with council's

training plan and is based on merit and on the needs of the employee as identified
in their performance appraisal;

Page 230
¾ enable employees to acquire the range of skills they are required to apply in their
positions and enhance employees' opportunities for mobility through councils'
organisation structures.
Factors affecting the development of a training plan include:
¾ the impact of a skills-based award;
¾ integration of training with council's corporate strategies and training philosophy;
¾ involvement of council's consultative committee;
¾ outcomes of skills and training needs analyses;
¾ the Local Government Act, which requires councils to develop equal employment
opportunity and human resource management plans, and which in turn influence
training.
Determining training and development needs

Effective training and development depends on:
¾ accurate and valid needs analysis and assessment;
¾ high levels of employee motivation;
¾ careful selection of training programs; and
¾ quality implementation and presentation.
There are numerous ways to determine training needs.
A simple indicator is the "performance gap", that is, training is required when an
employee's performance is deficient.
Skills analysis and training needs analysis provide a more elaborate framework for
determining training and development requirements. They define the mix of skills used,
skills available or skills needed.
Such analysis can be carried out across or in a particular division, as would be the case
in a work design project.
There are several different approaches to conducting skills and training needs analysis
including interviews, questionnaires and observations and structured group processes.

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Other factors to consider when determining training and development needs include:
¾ legislation, such as the Local Government Act, OHS Act and Regulation and EEO
legislation;
¾ council and community attitude and policy towards workplace change;
¾ workforce planning, succession planning and career development;
¾ multi-tasking, multi-skilling, job/work redesign;
¾ technological and organisational change;
¾ language, literacy and numeracy needs;
¾ organisational objectives and culture.
Competency-based training and training and development programs

Competency-based training (CBT) is training concerned with the attainment and
demonstration of specified skills, knowledge and their application to meet industry
standards. This can be contrasted with an individual's achievement relative to that of
others in a group.
A competency-based training system involves the delivery, assessment and certification

of training against industry endorsed competency standards. The Local Government
industry now has a set of national competency standards that establish the competencies
required for effective employment in Local Government (see previous section). Common,
core and elective competencies that are required for effective performance at different
industry levels are identified within the standards.
Integrating training with other human resources functions

To realise real productivity gains and organisational improvements, councils must plan
and manage training activities and resources.
Training directly assists the day-to-day smooth running of council:
¾ by improving performance it can increase productivity, quality assurance and job

satisfaction;
¾ by encouraging personal development it can promote higher levels of literacy and

numeracy thereby:

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◊ improving interpersonal skills;
◊ improving client/customer relations skills;
◊ enhancing employee morale; and
◊ facilitating a greater organisational acceptance of change.
Clearly, training and development is as important as other aspects of human resources

management, and should not be seen as a separate or isolated function.
Human resources planning

Personnel and human resources planning requirements establish the general context
within which training and development takes place.
Job analysis and performance assessment

Training increases the potential for improved employee performance by enhancing
employee ability. However, in order to provide the appropriate training, the employee's
current level of performance has to be known and a decision made as to whether it would
be improved by training. Job analysis together with performance assessment is
necessary in order to establish and implement effective training programs.
Recruitment and selection

The extent and sophistication of council's training and development programs will affect
whether council chooses to recruit trained individuals or train and develop current
employees.
Remuneration and benefits

Successful implementation and maintenance of training and development programs is
complemented by establishing remuneration systems and strategies that provide
incentives to employees to acquire skills and to perform.
Employee relations and industrial relations

Training may be used to raise employees' awareness of new issues and developments in
employee relations and industrial relations such as employee grievances, harassment
issues, workplace negotiations and equal employment opportunity initiatives. It may also
improve employees' capacity to participate in and contribute to shaping the workplace
culture.

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Occupational health and safety
Training and development plays a vital role in the successful implementation of
occupational health and safety policy and practice and is a legal requirement. Training
helps reduce the number of accidents by teaching employees correct ways to operate
workplace equipment and sound workplace safety practices.

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Developing a training plan
Prerequisites
There are certain prerequisites for developing an effective training plan and budget:
¾ council must be fully committed to the process;
¾ council must provide the necessary financial and human resources and clearly
allocate responsibilities for the training function;
¾ there must be a mechanism for consultation, such as a consultative committee or a

sub-committee of the consultative committee;
¾ the training plan must be compatible with the management plan;
¾ a training needs analysis must be undertaken to assess the current and future
needs of the organisation, having regard to corporate, departmental and individual
training needs;
¾ there must be a procedure for determining which employees need to be trained .

This procedure may benefit from input from the sources listed below:
◊ skills audit
◊ job/skills analysis
◊ up-to-date position descriptions
◊ national competency standards
◊ interviews of managers and supervisors
◊ career path/progression information
◊ performance appraisals
◊ appropriate or available training/providers
¾ there must be a mechanism for the review of the training plan.
Methodology
The table on the following page outlines a simple approach and methodology for the
development of training plans as outlined in the following. This table identifies:
¾ the source of the training plan;
¾ the responsibility for input into the training plan; and
¾ how the training plan is developed.

Page 235
In this particular example, the annual training plan is developed by the responsible
managers and supervisors/assessors in consultation with staff, and having due regard to
legislation, management plan objectives, departmental plans, skills/competency and
performance assessments.
Directors and the responsible managers identify the core/common training needs arising
out of legislation/management plan objectives and departmental plans for inclusion in the
annual training plan and budget in March each year.
Identified training needs are documented in the training plan format, and referred to the
Human Resources Manager, who co-ordinates the input into the Training Plan.
In consultation with staff, supervisors/assessors document the corporate training needs

arising out of skills/competency/performance assessments in the space provided on the
Position Description and Competency (Skills) Assessment Record for inclusion in the
training plan by the Human Resources Manager.
Staff submit individual training activities approval forms, and applications for staff
education assistance by March of each year for inclusion in the annual training plan and
budget.

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Developing the training plan
The Training Plan Responsibility for input Sources
The training plan will Directors and the responsible managers ⇐ Legislation
include: identify the training needs arising out of
legislation/management plan objectives
⇒ the type of training by and departmental plans for inclusion in ⇐ Management Plan Objectives
department the annual training plan and budget in
March each year.
⇒ the reason for the ⇐ Departmental Plans
training The identified training needs are
documented in the training plan format,
⇒ the method and and referred to the Human Resources
resources Manager, who will co-ordinate the input
into the training plan.
⇒ estimated/actual costs In consultation with staff, ⇐ Competency and Performance

supervisors/assessors will document Assessments
the training needs arising out of the
⇒ the target group/ Performance Review form for inclusion
person in the training plan by the Human
Resources Manager.
Application for Staff Education ⇐ Individual Staff

⇒ target dates and assistance, and Training Activities
frequency; and Approval Forms are to be submitted in
time (by March of each year) for
inclusion in the annual training plan and
⇒ priority budget.
Model training plans

Two examples of training plans are provided in this section. The model training plan set
out in Example 1 (on page 6-15) has been developed in a format suitable for
input/inclusion in the annual budget.
The type of training is listed under the following categories:
¾ corporate (common) core training i.e. training which is required by staff across
the organisation, such as: Induction of all new employees; basic OHS training; and
training in the Code of Conduct. Source of training: Legislative
Requirements/Management Plan Objectives/Needs Analysis.
¾ organisational training i.e. training needs which are driven (required) by the
organisation, such as traffic control; chainsaw operation; confined spaces training;
first aid training etc. Source of training: Management Plan and Departmental
Objectives/Needs Analysis/Skills Shortage.

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¾ individual training i.e. training which is employee driven, and is identified through
the competency and performance assessment system. Source of training:
Competency and Performance Assessments/Personal Career Development
Activities.
Reasons for training are listed, for example:
¾ achievement of management plan objectives;

¾ skill shortages;
¾ individual skill gaps;
¾ legislative requirements;
¾ competency progression requirements;
¾ new technology;
¾ career development;
¾ professional development;
¾ other.
The methods of training are listed. These may be:

¾ on-the-job;
¾ in-house course;
¾ external course;
¾ tertiary study;
¾ seminars and conferences;
¾ self paced learning;
¾ field days/workshops; or
¾ other staff development activities.
Resources required are listed. These may be:
¾ access to computer terminals/other equipment;
¾ access to plant/vehicles;
¾ training venue/training equipment.
¾ external trainers/consultants;
¾ staff time.
Estimated/actual costs are listed. Training costs might include:
¾ staff time (operational staff);
¾ consultant (trainer) fees;
¾ course fees;
¾ training materials;
¾ travel costs;
¾ accommodation and meal allowances; or
¾ other costs.

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Target group/person and the numbers to be trained are listed. For example, target
groups might include:
¾ all new employees;
¾ individual employees
¾ all staff;
¾ specific occupational groups;
¾ other.
The target dates and frequency are shown. These include:
¾ target date for the training to be completed;

¾ frequency of the training if ongoing.
Training is prioritised as either:
¾ high priority; or
¾ low priority.
Note: Low priority training has been defined as training which is beneficial to council, but
not essential e.g. personal career development, and those professional development
activities not required by council.

Page 239
The training plan shown in Example 2 (page 240) presents a simpler approach.
Training plan - Example 1
Type of Reason Method/ Estimated Target Target Priority

Training Resources /Actual Group/ Dates and
Costs Person Frequency
Core (Common) Corporate
Training - examples
Code of Legislative In-house - Staff time. All staff 10/9/2004 High
Conduct requirement formal. $4,500
Consultant fees. (fees)
Staff time.
OH&S - Improved In-house - formal Staff time. All staff 5/11/2004 High
Manual safety and risk (2 hours per $4,750
Handling management. group). (fees)
Consultant fees.
Staff time.
Organisational Training
- examples
E-mail To ensure that Half day in- Staff time All Internal 1/8/2004 High
E-mail is fully house training by only. staff.
utilised by all computer
employees support staff.
with access to
computer
terminals.
Induction To ensure that On-the-job Staff time All new On High
Program all new instruction by and employee appointment.
employees are Personnel induction s
adequately Section and kits.
inducted into supervisor.
the workplace. Staff time.
Induction kits.
Workplace To enhance Half day in- Staff time. All internal 11/12/2004 Low
Communic- customer house. $3,000 staff.
ation service and Consultant fees. (fees)
improve Staff time.
internal
communication
.
Traffic WorkCover One day in Staff time. 6 Const’n 16/9/2004an High
Control. requirement. house. $1.200 & Maint. d ongoing.
Consultant fees. (fees) staff and 6
Staff time. Parks &
Reserves
staff.
Individual Training -
examples
Introduct-ion Competency ITC -2 day $250-00 R. 11&12/11/04 High
to Rating based external course Jackson
progression. in Sydney. Finance
Course fee. Clerk
MBA Personal Course $750-00 I Amkeen 2004 and Low
Program career attendance. ongoing.
development. Examination
leave.
Managing Professional Three day $1,145-00 A 19 to Low
and development. conference. Greentree 21/10/2004
Growing Staff time. Fees,
Trees travel,
Conference accommod. &
meals.

Page 240
Training plan - Example 2
Objectives Link Program Target Timing/ Performance
ages area/ groups cost measure
responsibility
To reduce the number Mgt Occupational outdoor staff By Jan Training completed
of workplace Plan Health and $7000 on time and within
accidents by at least 3.7 Safety budget. At least a
5% throughout the Dir - Eng Serv 5% reduction in
organisation HR workplace accidents
Plan achieved.
4.2
To improve customer Mgt Customer Counter By Mar Training completed
service delivery Plan Service staff $5000 on time and within
throughout the 2.9 Mgr - Org Dev Receptionist budget. Positive
organisation s customer feedback.
Librarians Increased staff
Env health awareness of
& building organisation and
surveyors customer
requirements.
To conduct an Mgt Induction All new On going All new employees

induction of all new Plan Mgr - HR employees $2000 attend session
employees within one 6.6 within one month of
month of HR commencement.
commencement Plan
5.4
To provide integrated Mgt Computer Corporate By Jan Training provided
information systems Plan Mgr - Inf Serv services $3000 on time and within
which are relevant, 7.2 Engineering budget. Faster
functional and provide services By Jun communication
requirements in $4000 flows. More
accordance with the effective use of data
Local Government Act
1993
To establish a single Mgt Plant Operation Waste By Feb Training provided
operator, domestic Plan Dir - Env services - $3000 on time and within
garbage collection 7.5 Health Env Health budget. Members
Division able to participate.
Service operating
effectively. Positive
customer feedback.
To train new members Cnl Consultative New By Mar Training provided

of the Consultative Res Committee members $1000 on time and within
Committee Cnl Res 11/01 Mgr - HR budget. Members
11/01 Consultative able to participate.
Committee
To keep professional HR Continuing On going Professional staff
staff informed of Plan Professional $6000 attend courses and
recent developments 5.1 Development implement modern
Dir - Env Health Env health practices and
surveyors procedures.
Dir - Eng Serv Engineers
Dir - Corp Serv Librarians

Page 241
Induction for new employees
Aim
The aim of this policy is to set guidelines for the induction of new employees.
What does induction or orientation involve?
Induction is a category of compulsory training. It may have two components: off-the-job
and on-the-job. The off-the-job component may be addressed by formal induction
programs and presentations. The on-the-job component may be satisfied by assigning a
workplace mentor to a new employee.
Council has a responsibility, as part of its duty of care, to ensure that new employees are
not only made aware of council requirements and practices, but are also given guidance
and assistance to ensure that their entry into the work environment is smooth and safe.
Program content
Induction programs should be designed to suit their audience. Some new staff may want
corporate information such as the corporate plan, management plan and divisional plans.
Others may need only the documentation that relates to their job, conditions of
employment, safe working practices and common operating procedures - for example,
how to fill in time sheets, how to apply for leave and flexitime and RDO arrangements.
Induction programs should accommodate employees with low literacy levels or for whom
English is a second language.
The OHS Regulation 2001 requires that each new employee receives induction training
that covers the following:
¾ Health and safety procedures at the place of work relevant to the employee,
including the use and maintenance of risk control measures,
¾ How employees can access any health and safety information that the employer is
required by the Regulation to make available to employees, and

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¾ Any other matter that the Regulation specifies should be the subject of induction
training and that is relevant to the place of work concerned having regard to the
competence, experience and age of the new employee.
The Regulation further requires that employees engaged in construction work undertake
OHS induction training as specified within the Regulation.
'Construction work" is defined as:
(a) "excavation, including the excavation or filling of trenches, ditches, shafts, wells,
tunnels and pier holes, and the use of caissons and cofferdams,
(b) building, including the construction (including the manufacturing of prefabricated
elements of a building at the place of work concerned), alteration, renovation,
repair, maintenance and demolition of all types of buildings,
(c) civil engineering, including the construction, structural alteration, repair,
maintenance and demolition of, for example, airports, docks, harbours, inland
waterways, dams, river and avalanche and sea defence works, roads and
highways, railways, bridges and tunnels, viaducts, and works related to the
provision of services such as communications, drainage, sewerage, water and
energy supplies."
Timing
New employees should go on an induction program as soon as possible. This will help
them understand council's work methods, culture and safety requirements.
Program delivery
Induction programs may be presented face-to-face to individuals or groups; sometimes it
may suffice to give individuals a self-orientation kit.

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Applicability
This policy applies to all new employees.
Induction is compulsory
Unless the general manager decides otherwise, all new employees will go on an
induction program within 1 month of commencement.
Variation

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Procedure
Approval of induction programs
The type of presentation, frequency of presentation and content of the induction program
is subject to the approval of the general manager or appropriate officer.
Self-orientation kits
Employees who are not required to attend an induction presentation will be supplied with
self-orientation kits to familiarise themselves with the conditions, requirements, policies
and practices of council.
Nominating a workplace mentor

Wherever possible, an employee at the same level or classification as the new employee
will be nominated to act as mentor. The mentor will help orientate the new employee to
the workplace and will ensure that the on-the-job component of the induction program is
undertaken.
Council acknowledges that the mentor may need to devote considerable time to providing
guidance and assistance for the first week or fortnight of the new employee's
employment.

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Checklist of matters for consideration in an induction program
¾ council's aims, management plan, divisional and other associated plans, and pro-
forma individual performance plans;
¾ important council projects - recently completed, ongoing, imminent, planned;
¾ position descriptions, and organisational and divisional ;
¾ pay arrangements;
¾ time sheets and costing conventions;
¾ leave provisions, how to apply for leave, approval processes, documentation

required for sick leave, etc;
¾ hours of duty, punctuality, flexitime and RDO arrangements;
¾ basic conditions of employment, awards and agreements;
¾ superannuation provisions, options and arrangements;
¾ ID cards - correct use and limitations;
¾ equal employment opportunity - policy and practices;
¾ recruitment and selection - philosophy and policies;
¾ performance assessment and review;
¾ remuneration and benefits - strategy, policy and review;
¾ sexual harassment - policy and procedures;
¾ grievance resolution procedures;
¾ standard of behaviour and dress (uniforms etc);
¾ occupational health and safety - procedures, protective clothing and equipment;
¾ workplace accidents and illness - reporting procedures, workers compensation;
¾ staff training - philosophy and policy, selection, attendance and leave;
¾ emergencies - procedures for fire, evacuation etc;
¾ the city/municipality/shire area - relevant information;

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¾ procedures for dealing with the public (rules on giving verbal advice are now very
important!);
¾ familiarisation with use of computer system and telephone system.

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Compulsory training
Aims
The aim of this policy is to provide guidelines for compulsory training.
Award
Clause 25 (iv) of the Local Government Award provides that where an employee is
required by council to undertake training in accordance with the council's training plan:
¾ the council shall grant the employee paid leave to attend course requirements
including examinations where the training is undertaken during ordinary working
hours;
¾ where the course requirements contain more than a 15% off-the-job component
calculated over any 12 month period the extent to which council will grant paid
leave to attend such course requirements shall be specified in the training plan;
¾ council shall pay course fees at the commencement of each stage but shall not pay
course fees if the employee is repeating;
¾ council shall either provide transport or pay reasonable travelling expenses to

enable employees to attend course requirements; and
¾ reasonable travel arrangements shall be agreed;
¾ where an employee is required to complete major assignment(s) council and

employee shall agree upon appropriate flexible work and study arrangements as
are practicable.
Attending compulsory training

Compulsory training is regarded as part of an employee's duties, so the employee does
not have to seek leave in order to attend. Non-attendance, without a reasonable excuse,
may present grounds for disciplinary action in the same way as would neglect of duty.

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Selecting employees for compulsory training
Participants for compulsory training can be selected on the basis of merit and the needs
of the employee as identified with employee's performance appraisal. Workplace need,
employee availability and the capacity of the workplace to make alternative arrangements
(taking advantage of seasonal fluctuations in workload etc) will have to be considered.

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Definition
Compulsory training
Training designated by council to be a necessary requirement of employment is
compulsory or required training.
Employees who participate in compulsory training will not lose ordinary pay as a result of
doing so.
Compulsory training may be provided directly or indirectly by council and may be either
prerequisite or co-requisite to the employee's tasks. It may have to satisfy statutory or
council-determined requirements.
Compulsory training includes but is not limited to:
¾ induction;
¾ occupational health and safety, including basic safety;
¾ procedural and equipment training;
¾ prescribed programs at educational or other institutions (for apprenticeships,

traineeships, certificates, licences etc);
¾ retraining due to changed working conditions - for example, the introduction of new
equipment and technology;
¾ agreed training as identified in individual training plans for the purpose of

progression through the salary range of the position.

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Applicability
This policy applies to all employees who are undertaking training in accordance with
council's training plan.
Attendance as a requirement of employment

Attendance and participation in compulsory training is regarded as part of an employee's
prescribed duties and responsibilities.
Failure to attend
The disciplinary procedures in the award will be followed in cases where employees fail
to attend without reasonable excuse.
Selecting employees for compulsory training

Selection of employees for compulsory training programs will be made on the basis of
merit and the needs of the employee as identified in the employee's performance
appraisal. This will include the assessment of individual and organisational needs and
the capacity of the workplace to schedule and arrange the release of selected
employees.
Conditions and entitlements

If an employee is required by council to undertake training in accordance with the
council's training plan:
¾ council will grant the employee paid leave to attend course requirements including
examinations where the training is undertaken during ordinary working hours;
¾ where the course requirements contain more than a 15% off-the-job component
calculated over any 12 month period the extent to which council will grant paid
leave to attend such course requirements shall be specified in the training plan;
¾ council will pay course fees at the commencement of each stage but shall not pay
course fees if the employee is repeating;
¾ council will either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements; and reasonable travel arrangements
shall be agreed;
¾ where an employees is required to complete major assignment(s) council and

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employee shall agree upon appropriate flexible work and study arrangements as
are practicable.
Variation

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Optional training
Aim
The aim of this policy is to provide guidelines for selection, attendance and leave for
optional training.
Award
Under clause 25 (v) of the Local Government Award, council may grant an employee
undertaking training consistent with council's training plan, but not at council's direction, a
higher level of support than would otherwise be the case.
Assistance and leave for employees who undertake optional training

Council may decide to grant an employee leave with pay or leave without pay so that the
employee can attend a course.
Other forms of optional assistance may include:
¾ granting leave without pay to attend course requirements provided that the
employee gives reasonable notice of such requirements;
¾ paying a proportion of the cost of training;
¾ paying fees and providing transport - but not paying wages.
The Award requires that, where leave with pay or leave without pay is not granted,
council will give preference in granting annual leave or other accrued leave for the
purpose of attending the training.
Employees must give reasonable notice of course requirements.
Council should consider the following when it has to decide whether or not to approve a
request for optional training and assistance:
¾ relevance of training to proposed or ongoing work;
¾ benefits and costs of training;
¾ workload;

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¾ timing of the training;
¾ resource limitations;
¾ action which should be considered if the training is unsuccessful or the employee

withdraws.
Once assistance has been approved for optional training, the employee is obliged to
attend the training program.
Definition
Optional training
Optional training is training that is consistent with council's training plan but not a
requirement of it. It can, for example, be used to improve an employee's opportunity for
promotion or transfer to other positions within council.

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Applicability
Type of assistance
Council will provide paid leave of absence of up to 10 days per annum to undertake
course requirements provided the training is consistent with council's training plan and
provided the cost of the leave is within council's training budget.
Selecting employees for optional training

Employees will be selected for optional training on the basis of merit.
Failure to attend or lack of progress

Paid leave to attend optional training will be withdrawn if the employee fails to meet
training requirements or if it can be demonstrated that their attendance at training has
resulted in unsatisfactory performance at work.
Variation

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Apprentices, trainees and government
traineeships
Aim
The aim of this policy is to establish guidelines for apprentices, trainees and government
funded traineeships, consistent with council's training plan and the award.
Awards
Clause 24 (Junior and Trainee Employment) and Clause 25 (Training and Development)
of the Local Government Award specifies rates of pay and conditions for employees
undertaking entry-level training and juniors with the exception of employees governed by
provisions of the Local Government (Electricians) State Award. Employees undertaking
entry-level training fall into two categories - apprentices and trainees.
The award provides different rates of pay and conditions for employees in government
funded traineeships.
The Local Government (Electricians) State Award specifies rates of pay and conditions
for employees undertaking entry level training.
Apprenticeships and trainee employment

Trainees and apprenticeships are covered by the provisions of the Apprenticeship and
Traineeship Act 2001. The Act makes provision for the making of vocational training
orders for a particular recognised trade vocation or recognised traineeship vocation.
These orders:
¾ set the term of the apprenticeship or traineeship;
¾ determine the appropriate course(s) of study;
¾ determine the appropriate probationary period,
¾ determine the appropriate on-the-job training.
A vocational training order can also establish or vary the conditions of training contract
and can specify the responsibilities and obligations of the employer and the apprentice.
The Commissioner for Vocational Training has authority to cancel, vary or suspend the
training contract.

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Government funded traineeships
Employees appointed under government funded traineeships cannot displace existing
employees and are in addition to existing staff positions and employment levels. A
traineeship agreement must be registered with the relevant State Training Authority.

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Applicability
This policy applies to all apprentices and trainees.
Commitment
Council is committed to providing training to enhance skill levels and future employment
prospect of trainees through labour market progress.
Principles for employing apprentices and trainees

Council through workforce planning supports:
¾ apprenticeships in selected trades;
¾ traineeships involving entry level training.
Apprenticeships and traineeships as fixed-term positions

Apprenticeships and traineeships are regarded as fixed-term positions.
Apprentices and trainees will remain employed while they complete their qualifications
providing that their progress at work and in their studies is satisfactory.
Apprentices and trainees who have completed their training contract will not automatically
be given a new position to match their new qualifications. Continuing employment is
dependent on the availability of suitable vacant positions, and appointment to positions
will be in accordance with the Local Government Act and council's procedures.
Monitoring, evaluating and reviewing progress

The general manager (or another appropriate officer) will regularly assess the progress
(work and study) of apprentices and trainees. This may involve face-to-face interviews,
assessments of on-the-job performance, reviews of performance in tests or assignments,
liaison with teachers and lecturers and detailed consideration of course results.
If progress is unsatisfactory the general manager will take appropriate action consistent
with the provisions of the training contract.

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Variation, deferment, withdrawal and termination
If an employee wishes to vary, defer or withdraw from the training contract, they must first
discuss the matter with the general manager (or another appropriate officer). All
decisions about variation and deferment must be consistent with the relevant legislation
and training contract.
Variation
Council reserves the right to review, vary or revoke this policy

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Language, literacy and numeracy
Aim
The aim of this policy is to set a framework for the integration of language, literacy and
numeracy (LLN) with workplace training.
The context of this policy
This policy is based on 'A Framework for the Integration of Language, Literacy and
Numeracy with Training in Local Government', which was published as one of the
outcomes of the 1996-97 WELL Local Government Language, Literacy and Numeracy
Integration Project.
Strategies to overcome poor LLN

The strategies required follow a logical sequence. Training should be relevant to the
workplace. Assessment prior to and following training should consider the LLN context.
If assessment includes a question that is not understood, the answer will not be an
assessment of the measured competency.
Because training is based on the workplace, the LLN context of the workplace should
also be considered. For example, is there a Plain English Policy relating to issuing
spoken and written instructions; does it include workplace signage? A Plain English
Policy, in conjunction with the appropriate LLN integrated training, will in turn assist EEO
policy observance as they will be better understood.
What is integrated LLN training?

Integrated LLN training simply means considering the content and methodology of
training in an LLN context rather than separating LLN training from vocational or
workplace training.
The success of integrated LLN training is dependent upon the use of plain English and
simple visuals in workplace training.
The benefit from an EEO or cost/benefit analysis is that there is greater access and
participation in training, and a more productive workforce because training has been
effective.

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Program components
Development of a workplace communication policy
Communication breakdowns may occur at all levels of an organisation. They do not
result merely from the perceived LLN difficulties experienced by:
¾ some employees at certain levels of the organisation; or
¾ employees from certain backgrounds or age groups.
There should be an intention to improve workplace communication at all levels of the

organisation and with external clients.
Accordingly, the objectives of a workplace communication policy should be to:
¾ ensure that all internal and external documents are written in clear, plain, user-
friendly language and complimented with simple visuals when appropriate;
¾ assist all employees to develop their LLN skills so that they are equal to the current
demands of their job and to any increased LLN demands which might stem from
changes to their work in the foreseeable future;
¾ develop a commitment to consult and collaborate with other councils, enterprises,

institutions, government departments and training providers to facilitate the
integration of LLN with training and to share expertise and resources.
LLN in training, development and assessment

The inclusion of LLN in staff training and development and assessment policies requires:
¾ the integration of training in workplace LLN with workplace training and assessment
in other workplace skills;
¾ a commitment to develop LLN skills of all workers to meet enterprise and, where
possible, individual needs;
¾ training in LLN skills integrated with training for work. The inclusion and integration
of LLN should occur as early as possible in the training planning cycle. Where
training is negotiated between stakeholders, the provision of the LLN components
and their assessment should be negotiated;
¾ outcomes of any formal or informal, general enterprise or divisional skills audits or

training needs analyses, which have included LLN, should be considered within an
EEO context;

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¾ development, or where necessary, the adaptation of training materials,
methodology and/or assessment processes to suit the needs of a range of
participants with varying levels of LLN competence.
Development and adaptation of material involves:
¾ designing and delivering training and assessment in such a way as to maximise

opportunities for all participants in training to achieve vocational competencies
regardless of their LLN levels;
¾ providing relevant flexible delivery modes (for example, self-directed or computer-

based learning) to increase accessibility of training by taking account of a variety of
learning styles and individual needs as well as workplace locations and contexts;
¾ using, whenever possible, external sources of LLN support to assist with the
planning and delivery of LLN-integrated workplace training (for example the WELL
program);
¾ describing avenues of post-training support offered within council to enable trainees

to achieve competencies which they did not at first achieve (for example,
opportunities for guided practice within the workplace, tutoring and mentoring;
appeal mechanisms, reassessment; and counselling).
Assessment of workplace communication skills

The decision to undertake the assessment of individual workplace communication skills
requires careful consideration. For example, where integrated training is to be offered to
all employees, individual assessments would not be required. In this case, a generalised
understanding of the difficulties faced by workers in a particular department or section
may be enough.
No assessment of workplace communication skills should be carried out to identify

employees who do not have 'appropriate' LLN for the purpose of recommending them
for separate, end-on workplace communication training.
As far as possible, the assessment of workplace LLN competencies should be integrated

with the assessment of other vocational competencies.
Any assessment of workplace communication skills should occur, as far as possible, in

the authentic workplace context using authentic workplace tasks and documents. Such
assessments should not address generalised LLN skills.
When necessary, workplace communication skills, or specific LLN competencies, should

only be included in individual training plans following negotiations and agreement
amongst all stakeholders.

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Definitions
Language
Language is used in this framework to mean spoken language.
Literacy
Literacy is communication by written and visual means.
Numeracy
Numeracy covers communication using numbers. It includes the operations of addition,
subtraction, multiplication and division, and application in measurement, recording and
calculation.
Workplace communication
Workplace communication embraces language, literacy and numeracy.
Assessment
Assessment used in a broad sense to include recognition of prior learning, recognition of
current competence and assessment of competencies after training.
Special resources
Council staff with responsibility for the integration of LLN with training may find the
following special resources useful:
¾ A Framework for the Integration of Language, Literacy and Numeracy in Local

Government;
¾ Integrating Language, Literacy and Numeracy with Workplace Training: a Course
for Trainers in Local Government;
¾ Plain English for Training Materials: a Self-teaching Kit for Trainers and
Supervisors;
¾ Integrating Language, Literacy and Numeracy with Training in Local Government:
an Information Kit for Managers;
¾ Teaching Your Staff to Fill in Forms: a Self-teaching Kit for Trainers and
Supervisors.
Further details are available from LGSA Learning or from the LGSA website at
www.lgsa.org.au/training.

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Applicability
Context of council training

Council recognises that all training should be relevant to the workplace and conveyed
using plain English. Any necessary language, literacy and numeracy training should be
integrated with other workplace training.
Development and/or adaptation of appropriate training materials

To facilitate the integration of language, literacy and numeracy (LLN) with workplace
training, council will develop and/or adapt existing training materials to:
¾ avoid undue reliance on printed materials;
¾ use plain English and clearly labelled diagrams in all training materials;
¾ observe good layout for all printed and visual materials;
¾ use specific techniques that will improve the accessibility of existing texts (for
example, council policies) which cannot be altered.
Written materials will be produced collaboratively and trialed for readability before use.
Review of training methods

Council will review training methods in use, and where necessary, modify training
methods with the aim of:
¾ making workplace communication training a natural and integral part of training in

the workplace;
¾ recognising and making use of employees’ existing skills, knowledge and

experience in the training process;
¾ using group work to enable participants to share knowledge and experience without
highlighting individual weaknesses in LLN.

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Consideration of LLN in the assessment process
Council recognises that differing levels of LLN between employees may impact upon the
assessment of competence. Accordingly the method of assessment, and evidence
gathering techniques used, will be negotiated between the employee and his / her
assessor.
The final decision as to the method of assessment and the evidence gathering
techniques to be used is to be made by the workplace assessor.
Whenever possible, and without reducing the validity or reliability of an assessment, the
workplace assessor shall attempt to:
¾ avoid, or reduce, written assessment as far as possible;
¾ maximise the use of observation and skills demonstration as evidence gathering

techniques and limit the need for oral questioning or explanations to that necessary
to establish underlying knowledge;
¾ where written assessments cannot be avoided (for legal or other reasons), ensure
the employee is provided instruction in, and the chance to practise, the type of
writing, form or grid completion, etc, they will need to complete the assessment
task.
Variation

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CHAPTER 7:
Recruitment

Page 267
Recruitment issues
Aim
The aim of the recruitment policy is to ensure that the candidate who best meets the
selection criteria is appointed.
This policy does not relate to recruitment to council designated child-related position.
Specific requirements are detailed within the 'Child Protection Policy' which forms part of
Chapter 4 to this manual.
Councils have an obligation to ensure that their recruitment practices and procedures
comply with:
¾ Local Government Award and other appropriate awards;
¾ Local Government Act 1993;
¾ NSW Anti-Discrimination Act 1977;
¾ Commonwealth Sex Discrimination Act 1984;
¾ Commonwealth Racial Discrimination Act 1975;
¾ Commonwealth Racial Hatred Act 1995;
¾ Local Government Amendment (Employment Protection) Act 2003 and related

Proclamations.
Vacancy review
The following issues should be addressed:
¾ the need of the vacant position;
¾ the accuracy and currency of the position description;
¾ whether the position is correctly classified in accordance with the provisions of the
award;

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¾ correct evaluation of the position under council's job evaluation system, if
applicable;
¾ the opportunity for council to meet other objectives such as EEO Management Plan,
work design or labour market programs.
Advertising
¾ is advertising necessary? For example, is it possible to fill the vacancy by way of a

lateral transfer of an existing employee?
¾ compliance of council's standards for external and internal advertising with

legislative requirements;
¾ appropriateness of advertising taking into account the level or nature of the position,
specialist requirements of the position or local and wider labour markets;
¾ which publications will give the best coverage for a vacancy;
¾ what is necessary or desirable in an information package and whether it varies from

one category of vacancy to another - for example, outdoor staff, indoor staff;
¾ the merit of advertising in media other than print;
¾ the most appropriate contact person(s) for additional information.
Confidentiality
All inquiries and applications should be treated with confidentiality. Confidentiality of the
applicant's identity cannot be guaranteed once the interview stage is reached, but council
should not knowingly take any action which may be regarded as breaching confidentiality.
Application forms
Application forms may assist in the selection process, particularly in cases where it may
be unreasonable to expect applicants to have high levels of literacy. Application forms
also help to make applications consistent with one another, which makes it easier to
compare applicants' merits.
Application forms might not be appropriate for middle and upper level positions where
comprehensive curriculum vitae are usually regarded as essential.
Consider the following issues when developing an application form:
¾ whether the form needs to cater for all vacancies or whether it can be more specific;
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¾ the amount of information required from applicants, within the limits of the selection
process;
¾ forms design should be simple, logical and "user-friendly";
¾ the benefit of the form to the selection process;
¾ the need for undertakings such as an agreement to be medically examined.
Selection panels
Consider the following issues when organising a selection panel to interview for a
position:
¾ the appropriateness of a selection panel to handle selection;
¾ the roles and responsibilities of the selection panel;
¾ the number of persons and types of people who are to be members of the selection
panel should be determined;
¾ the training which is desirable or mandatory for panel members;
¾ how conflicts of interest should be addressed;
¾ how a panel should operate and the principles which guide it;
¾ how to ensure confidentiality of proceedings;
¾ how records of meetings of selection panels and other relevant information should
be kept;
¾ how to determine when a selection panel has served its purpose.
Shortlisting
Council's expectations on shortlisting should be clearly stated and should address the
following issues:
¾ the need to develop a shortlist;
¾ the relationship between shortlisting and selection criteria;
¾ whether there is an optimum number for shortlisting;
¾ how the applications of shortlisted candidates are to be handled;
¾ whether a policy is needed for shortlisting internal applicants.

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Interviews
Interviews are the highest profile part of the selection process. They need to be
consistent and structured. Councils should therefore establish guidelines for
interviewing. These should include the following:
¾ the convenor of the selection panel is responsible for the conduct of the interview;
¾ the content of interviews should relate only to the stated selection criteria;
¾ any information, gathered during the interview, which does not address the
selection criteria is not relevant for assessment purposes.
Interview expenses
Council may choose whether or not to grant expenses to interviewees who have to travel
a considerable distance to the interview. In making this choice, council should consider
factors such as the field of applicants which the advertising was intended to attract and
the convenience of the interview location.
Referee reports
Properly structured referee reports provide useful input to the selection process,
particularly when the decisions of selection panels need to be confirmed or endorsed.
Council should consider the following issues:
¾ the most appropriate manner for obtaining referee reports (solicited in writing,
requested by phone);
¾ the information from referees which will be useful and relevant to the position;
¾ the level of reliance to be placed on referee reports in the selection process and
when.
Council should approach only the referees an applicant nominates. If council wishes to
approach referees who were not nominated, it should get the applicant's permission first;
this situation might arise in cases where no referees are nominated, nominated referees
are unavailable or input from additional sources is required.
Supplementary selection tools

Other selection tools may be used with discretion, provided that they relate clearly to the
selection criteria and do not represent, and cannot be interpreted as, some form of
unlawful discrimination. These selection tools include:
¾ psychological tests (to be given only by accredited personnel);

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¾ practical exercises, such as report-writing and problem-solving;
¾ keyboard/stenographic tests;
¾ computer literacy and skills;
¾ simulated field exercises;
¾ brief presentations, where this skill relates directly to the duties of the position;
¾ literacy and numeracy tests;
¾ pre-employment medical assessment.
Final recommendation
¾ what details are essential for inclusion in a recommendation for appointment;
¾ whether or not the recommendation should include provision for a default

appointment;
¾ whether provision for non-approval of recommendation should be included in the

recruitment policy;
¾ whether remuneration details should be included in the recommendation.

Alternatively, this could be a matter for negotiation after the appointment is offered.
Offer of appointment
Offers of appointment should be regarded as contract documents and should be
sufficiently detailed to enable the prospective employee to make an informed decision.
Offers should follow a pre-determined format and should be made only by the general
manager or another appropriate officer.
Issues concerning offers of appointment include:
¾ Identifying the essential components of the offer;
¾ The level of formality of the offer;
¾ Whether it is appropriate to make the offer subject to certain conditions, such as

security clearance, medical assessment, visas and evidence of qualifications;
¾ Whether or not a probationary period of employment is appropriate.

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The Industrial Relations Act 1996 regulations exclude persons from unfair dismissal
provisions where employees are serving a probationary period of employment of 3
months or less, or if the period is more than 3 months, the period is reasonable having
regard to the nature and circumstances of the employment.
Internal applicants
The Local Government Award provides that internal applicants must be given reasons in
writing for not being appointed if requested.
Pre-employment medical assessment

Council should require a medical assessment prior to any offer of employment being
made.
The assessment should relate exclusively and directly to the particular duties of the job
and not discriminate against people with disabilities.
The pre-employment medical assessment should be seen as one "tool" in the selection
process.
Security clearances and character checks

Certain categories of positions may be subject to security clearances. The reason for
seeking such a clearance should be related to the requirements of the job. The intention
to seek a security clearance should be made known to an applicant and permission
sought.
A criminal record check is required by the Department of Family and Community Services
under the procedure for the licensing of:
¾ a child-care centre licensee and authorised supervisor;
¾ a family day-care licensee;
¾ a family day-care care-giver and other members of the care-giver's household.
Under provision of child protection legislation, Council is required to identify and

designate those positions which constitute child-related employment in terms of the
legislation.

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With the exception of where an order from the Industrial Relations Commission or the
Administrative Decisions Tribunal, declares that the Child protection (Prohibited
Employment) Act 1998 does not apply to a particular person, the Act makes it an offence
for a person convicted of a serious sex offence (a prohibited person) to apply for,
undertake or remain in, child-related employment.
Under provisions of the Act, Council must ask preferred applicants for employment to
declare whether they are a prohibited person or not by having applicants complete a
"Prohibited Employment Declaration".
In addition to the Prohibited Employment Declaration, Council is required to cause a

"Working with Children Check" to be completed by an approved screening agency.
Council should have preferred applicants complete a "Working with Children Check
Consent Form", submit the form to the approved screening agency and await the
response from the agency prior to making an offer of employment.
The Criminal Records Act stipulates that certain convictions will become spent after a
period of 10 continuous years of crime-free behaviour. This means that such convictions
will no longer form part of a person's criminal record and do not need to be disclosed to a
prospective employer. There are exceptions to this:
¾ people who apply for teaching or child-care positions;
¾ people who apply for fire-fighting or fire-prevention positions and who have been
convicted of arson or attempted arson.
Such persons must disclose convictions which would otherwise be considered spent
under the Act.
Where appointment requires a security clearance, an offer of employment should not be

made until the clearance is obtained.
Verifying credentials
As a condition of appointment council should ask to see formal evidence of the
appointee's qualifications - educational, professional, vocational, trade and so on. Again,
an offer of employment may be withdrawn, or actual employment terminated, if the
evidence is not provided upon request or does not support the appointee's claims.

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Citizenship, visas, work permits
Council, as a responsible employer, should ensure that persons they employ have a right
to work in Australia. At present, an employer who knowingly employs a foreign national
without a right to work is committing an offence under the Crimes Act which attracts a
penalty of up to $10,000. The Federal Government is currently considering further
sanction legislation.
Who has work rights in Australia?
As a general rule, only Australian citizens, Australian permanent residents i.e. migrants
who are not yet Australian citizens and New Zealand citizens who have entered Australia
on a valid passport have unrestricted rights to employment.
Any other person who wants to work in Australia must have a valid temporary visa
allowing employment.
What is acceptable evidence of a right to work?
The following documents can be accepted as evidence of a right to work"
Australian birth certificate if born in Australia before 20 August 1986;

Certificate of Australian citizenship;
Australian or New Zealand passport
Evidence of permanent resident status;
Temporary visa with entitlement to work.
The following documents alone are not proof of a right to work:
Tax file number;

Drivers' licence;
Medicare card
Bank account;
Referrals from employment agency and labour suppliers
The Department of Immigration & Multicultural & Indigenous Affairs website provides up-
to-date information and guidance for employs. The site contains an information pack
which can be downloaded and details of an employers information line. The website
address is www.dima.gov.au.

Page 275
Other resources
For further guidance, councils should refer to the Associations' Executive Staff Kit.
Recruitment flow chart
Vacancy
Change Review Disallow Abolish

Amend vacancy position
position
Prepare Update PD
new PD
Set selection
criteria
Job Prepare ad
evaluation
Prepare info
package
Determine
selection panel
Reject all Reject

Shortlist
Yes
Arrange
interviews
None appointable Not recommended

Interview
Appointable
Check with
referees
Reject all Consider Reject

reports
Recommend appt
None approved Not approved

Approval
Approved
Prepare Advise
Readvertise
offer unsuccessful

Page 276
Vacancy review
Aim
¾ ensure that all vacant positions are subject to review;
¾ establish a fair and consistent vacancy review process;
¾ establish a decision-making framework for determining whether or not to fill a

vacancy.
Establishing a review process
The review process should be determined by the general manager (or other appropriate
officer). This is consistent with the powers ascribed to the general manager under the
Local Government Act. In practice, it may be handled by an individual officer or a team.
The composition of a team would depend on the nature of the position - managerial,
professional, indoors, outdoors, trades, technical and so on. Council should also have
regard to anti-discrimination legislation and its own operational requirements when
establishing a review process.
Definition
Vacancy
A vacancy occurs when the person employed in a position leaves that position. The
expiry of fixed-term or temporary positions does not constitute a vacancy; these positions
lapse automatically at the expiry date. A vacancy may also include an anticipated
vacancy, such as when notice of resignation has been accepted, or when a retirement
date is known.

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Applicability
This policy applies to all vacant positions except newly-created or recently-reviewed
positions.
Reviewing a vacancy
A vacancy should be reviewed in order to:
¾ determine whether or not the position, in its current form or in a modified form,
should continue. This decision should take into account known and projected
workload, current staffing arrangements, budget status, known and projected
changes in external influences such as outside funding, and comparative need
elsewhere within the organisation or division;
¾ ensure that the position description accurately describes duties and responsibilities;
¾ ensure that the position is classified consistently with award provisions, and is
correctly evaluated in the event that a job evaluation system is established;
¾ ensure that the remuneration level is consistent with council's preferred position in
the market.
Recruitment action will not commence until the review is complete.
Variation

Page 278
Procedure
Official file
An official file, in two parts, should be opened for each vacancy.
Part 1 - Vacancy control

This part should contain the following:
¾ approval from the vacancy review process;
¾ a certified position description;
¾ results of the most recent job evaluation;
¾ selection criteria;
¾ advertisement;
¾ advertising arrangements - placements, costs, circulation/ distribution details etc;
¾ all components of any "package" of materials made available to prospective

applicants;
¾ a summary list of inquiries for the vacancy;
¾ a summary list of applications received which shows the ones that have been short-
listed and interviewed;
¾ a summary of interview arrangements;
¾ selection panel membership;
¾ signed and dated records of meetings of the selection panel;
¾ recommendation(s) for appointment; justification and approval details;
¾ any other relevant information and correspondence, such as invitations for external
participation on the selection panel.
Part 2 - Applications
This part should contain the following:
¾ individual applications together with any relevant correspondence or file notes, such
as acknowledgment letters;

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¾ individual invitations for interview and interview arrangements;
¾ letters to referees, referees' reports, notes summarising telephone conversations

with referees;
¾ unsuccessful advices or indication of forwarding same.

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Selection criteria
Aim
¾ establish selection criteria which ensure that recruitment is based on merit;
¾ ensure that selection criteria reflect the essential requirements of the position and
comply with the Local Government Act;
¾ minimise the potential for discrimination issues to be raised against council in its
recruitment practices.
This policy does not relate to recruitment to council designated child-related positions.
The Local Government Act and the Local Government Award and other relevant awards
stipulate that appointments to vacant positions will be made on the basis of merit. This
means that council must assess, based on relevant selection criteria, the relative merits
of applicants to satisfy the requirements of a position.
The merit principle is fundamental to the success of an Equal Employment Opportunity

Management Plan which is a provision of the Local Government Act.
The following legislation is also relevant to developing selection criteria:
¾ NSW Anti-Discrimination Act 1977;
¾ Commonwealth Sex Discrimination Act 1984;
¾ Commonwealth Racial Discrimination Act 1975;
¾ Commonwealth Disability Discrimination Act 1992;
¾ Commonwealth Racial hatred Act 1995.
¾ Justifying recruitment and selection decisions

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All actions and decisions taken by council and on behalf of council in the area of
recruitment must be justifiable and able to withstand external scrutiny. The development
and correct use of selection criteria, essential to a fair recruitment process, minimises the
possibility of error, challenge and complaint.
Other uses of selection criteria

Selection criteria may also be developed to help select employees for training,
redundancy and so on.

Page 282
Applicability
This policy applies to all advertised positions.
Developing selection criteria

Selection criteria will be developed for all vacant positions which are subject to
recruitment action.
Using selection criteria

The main purpose of the selection process is to decide which applications best match the
selection criteria.
Disseminating selection criteria

Selection criteria will be included:
¾ in position information packages - for managerial, professional and supervisory

positions
¾ in recruitment advertising - for lower level positions where information packages

may not be supplied;
Written selection criteria will be available to all applicants, prospective applicants and the
public. All candidates for interview must be made aware of relevant selection criteria.
Selection criteria not to be changed

Once selection criteria for a particular vacant position have been set, it cannot be
changed or ignored during the selection process. No appointment to the vacancy can be
made unless the candidate satisfies all essential selection criteria.

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Guidelines for developing selection criteria
Selection criteria will be developed according to the following guidelines:
Essential criteria
¾ formal educational, professional or vocational qualifications;
¾ demonstrated relevant experience;
¾ specialist knowledge and skills;
¾ judgement and problem-solving skills;
¾ management, supervisory and leadership skills;
¾ interpersonal and communication skills;
¾ special requirements of the position consistent with hours of operation, location,

mobility, uniqueness, autonomy and so on.
Desirable criteria
¾ preferred work experience;
¾ behavioural characteristics, such as ease in dealing with the public, preparedness

to work alone and willingness to work elsewhere in the organisation when required;
¾ preferred qualifications.
Variation

Page 284
Selection panels
Aim
¾ set guidelines for the composition of selection panels to promote merit-based

selection and equal employment opportunity;
¾ set guidelines for the operation of selection panels.
Role of a selection panel
A selection panel is the main mechanism council has for fulfilling its staff-recruitment
obligations under the Local Government Act and other employment-related legislation.
The role of a selection panel is to identify and recommend for appointment the applicant
for a vacant position who has demonstrated the greatest merit.
Composition of a selection panel

A selection panel should not have more than 4 members. One of them should be the
supervisor of the position. Factors to be considered in deciding who should be on a
panel include:
¾ the nature of the position;
¾ skills, training and experience;
¾ gender balance;
¾ availability;
¾ professional expertise;
¾ representation of "users" of the services provided by the position.
Proxy members
Proxy members (someone who stands in for another) of selection panels should be
discouraged.

Page 285
Training members of selection panels
All members of a selection panel should have received training in selection techniques,
including merit-based selection and the principles of equal employment opportunity. It
should be mandatory for the convenor of a selection panel to have received the
necessary training and to have selection experience.
Conflicts of interest
Conflicts of interest may present themselves in many ways in the selection process;
participation on a selection panel is the area where this most frequently occurs.
Members of the panel are obliged to advise the convenor if they have conflicts of interest
or potential conflicts of interest. Some common conflicts of interest are:
¾ the panel member is related to an applicant - this includes de facto relationships;
¾ the panel member is a close friend of an applicant;
¾ the panel member has some animosity towards an applicant, or vice versa;
¾ the panel member is a nominated referee for a short-listed candidate;
¾ the panel member has some form of indebtedness to an applicant, or vice versa.
Conflicts of interest should be divulged and resolved at an early stage so that they do not
prejudice the operations of the selection panel. In cases where conflicts of interest are
not divulged and become apparent or are brought to notice during or after the selection
process, there are good reasons to abort the selection process or to declare it invalid.

Page 286
Applicability
A selection panel is mandatory for all advertised vacancies.
Establishing selection panels

A selection panel will be set up for each advertised position.
Composition of selection panels

Selection panels will comprise a minimum of two members and a maximum of four
members.
The general manager may vary the composition of selection panels to cater for special
circumstances - for example, council may wish to have external participation on a panel
for a key position or for one requiring special expertise.
General Manager to determine selection panel membership

Membership of each selection panel, including nomination of the convenor, is subject to
the approval of the general manager (or another appropriate officer).
Gender balance
Gender balance will be reflected in the membership of selection panels, given available
expertise and relevance. It may be appropriate to consider external representation in
certain circumstances.
Role of selection panel

The role of the selection panel is to identify and recommend, by using the stated
selection criteria, the applicant who has the greatest merit for appointment.
Responsibilities of the panel and its members

Through the convenor, the selection panel is answerable to the general manager (or
another appropriate officer). The convenor is responsible for liaising with the general
manager (or another appropriate officer). Members are responsible individually for
advising the convenor of real and potential conflicts of interest or of any other matter
which may affect their full participation on the panel.

Page 287
Life of the panel
The panel is automatically dissolved when a recommendation to offer or not to offer
appointment is approved. In the event that the recommended candidate(s) declines the
offer, the general manager may ask the panel to reconvene. The general manager may
dissolve a panel at any time for good reason.
Training members of selection panels

All members of selection panels will be trained in selection techniques, including merit-
based recruitment and principles of equal employment opportunity.
Variation

Page 288
Procedure
Responsibilities of the selection panel
The major responsibilities of the panel are:
¾ to review vacancy documentation and to understand fully the selection criteria;
¾ to devise ways of assessing candidates against the selection criteria;
¾ to examine existing or potential conflicts of interest and resolve them;
¾ to apply merit-based recruitment principles;
¾ to apply the principles of equal employment opportunity;
¾ to apply the selection criteria to written applications and produce a recommended

short-list of candidates for interview where appropriate. (There does not always
have to be a short-list. In some cases all applicants will reach the interview stage);
¾ to interview short-listed candidates;
¾ to seek additional input in order to reach a decision;
¾ to make recommendations for appointment;
¾ to make recommendations for a default appointment (an appointment which results

when the recommended applicant rejects the offer or fails to take up duty) where
appropriate.
Selection panel operations

Within the constraints of this policy each panel may determine its own method of
operation but must acknowledge and adhere to the following requirements:
Quorum - A meeting of a selection panel should not proceed unless all members attend.
Once the interview process has commenced a panel may not vary its membership if a
member of the panel is absent, he or she should withdraw from the process; alternatively,
the process will be aborted.
Formality and voting - The panel should operate informally. Where consensus cannot be
reached after reasonable discussion, a vote will be taken. Dissenting members may
submit minority report(s).

Page 289
Confidentiality - Panel proceedings (including all documentation made available to panel
members) are to be regarded as confidential. At the conclusion of the selection process
all materials will be collected and placed on file. No material will be destroyed for a
period of three months. Original official documentation will be retained on file. Local
Government is covered by Parts 3 and 5 of the State Records Act 1998 and will be
covered by Parts 2 and 6 as of January 2000 and Part 4 as of July 2000. It is therefore
prudent that the Act be used for guidance on retaining confidential information.
Conflicts of interest - Real or potential conflicts of interest must be divulged and

considered at the initial meeting of the panel. If there is a conflict of interest, that person
should be excluded from the process. The convenor is responsible for guiding the panel
in these matters. If an unforeseen conflict of interest occurs later, it is the responsibility of
individual panel members to notify the convenor. If a conflict of interest involves the
convenor, he or she must inform the general manager (or another appropriate officer)
immediately.
Record of proceedings - The panel must keep a brief record of proceedings of each panel
meeting. This should cover decisions made, whether they were made by consensus or
vote, resolutions of conflicts of interest, recommendations and so on. Records of
meetings are not minutes, they are a means of assisting the panel in its deliberations and
a memory-aid in the event of subsequent grievances or disputes.
The convenor is responsible for the accuracy of the record and will sign the record as
soon as possible after each meeting. Members of the panel may access the record at
any time during the life of the panel. Records of proceedings will be held under
confidential cover.

Page 290
Advertising vacancies
Aim
¾ set standards for advertising council positions;
¾ ensure that adequate information is available to prospective applicants when the

position is advertised;
¾ attract appropriately qualified and experienced job applicants;
¾ set minimum periods for the receipt of applications.
This policy does not relate to recruitment to council designated child-related position.
The Local Government Act and the Local Government Award and other relevant awards
require that "when it is proposed to make an appointment to a position within the
organisation structure of the council, the position must be advertised in a manner
sufficient to enable suitably qualified persons to apply for the position".
Positions that require highly-developed skills or specialist qualifications will need to be

advertised more widely in order to comply with the intentions of the Act and Awards.
In accordance with the "Hours of Work" clause of the Award, where council seeks to alter
the spread of hours and/or payment for the spread of hours for a new or vacant position,
the matter must be referred to the consultative committee for recommendation to council
prior to advertising the new or vacant position.
Part V of the Anti-Discrimination Act prohibits the publication of advertisements which

indicate an intention to do an unlawful act - that is, council may not advertise in a manner
which may lead to discrimination under the Act. It also prohibits the use of third parties to
take such action. Council is liable for actions taken by its employees or agents in
contravention of the Act, unless the employee or agent is not authorised by council to
take the action.

Page 291
The Commonwealth Racial Discrimination Act, the Commonwealth Sex Discrimination
Act, and the Commonwealth Disability Discrimination Act make similar provisions about
advertising.
Freedom of information legislation

This determines who has access to job applications, referees' reports, medical records
and records of selection panel meetings.
Privacy guidelines
These limit access to, and use of, job applications; they also place restrictions on job
applications for one job being used for other jobs.
Internal advertising
This may be done by placing an approved advertisement in an official in-house
newsletter, on an official noticeboard(s) etc - any media which provides equal access to
eligible employees.
External advertising
The extent of external advertising depends on the location and type of council and on the
labour market variations for particular categories of employment. In general there are
three levels of external advertising:
¾ advertisements in the appropriate sections of a community, regional or metropolitan

daily newspaper;
¾ advertisements in specialist publications such as professional journals and industry

newsletters;
¾ advertisements in other media such as regional radio - this is usually regarded as

additional to, not a substitute for, hardcopy advertising.
In some fields of employment such as information technology, the primary form of

advertising is now internet-based job directories. Use of internet advertising can be
expected to increase.
Confidentiality
Council is responsible for ensuring confidentiality in the receipt and subsequent handling
of applications. Divulging information about applications or applicants may represent an
invasion of privacy.

Page 292
Receiving applications and policy regarding late applications
All applications should be receipt-stamped so that there is no confusion as to when they
were received. It is advisable to include in council policy a statement about how late
applications will be treated. It may be appropriate to allow extensions of time of up to one
week where a written intention to submit a formal application is received before the
closing time.
Consistency of information
All candidates and intending candidates should receive the same package of information
about the position and the organisation, otherwise council may be vulnerable if there is
any dispute over the selection process.
Keeping records of inquiries and applications

A list of inquiries should be maintained to check whether they result in formal
applications. This also helps in assessing how successful the process is.
A full list of applications received must be maintained for an appropriate period (e.g. 12
months).

Page 293
Applicability
This policy applies to all advertised vacant positions except senior staff positions.
Advertising
The general manager (or another appropriate officer) will determine how each type of
vacancy will be advertised so that suitably qualified people can apply.
Facts to be considered include:
Whether positions are to be advertised externally as well as internally
What kinds of advertising are to be used.
All vacant positions to be advertised internally

All positions advertised externally will also be advertised internally, either immediately
before or at the same time as the external advertisement is placed.
Closing date and receipt of applications

All advertisements for vacant positions will specify a closing date for receipt of
applications.
Applications will be accepted after the closing date providing that a written advice of
intention to apply was received before the closing time and the formal application is
received within five working days of the closing time.
Using registered employment agents

The general manager may decide to use the services of registered employment agents.
Advertising will be at least equivalent to council's normal requirements.
Variation

Page 294
Procedure
Dealing with inquiries
An information package will be provided to anyone who asks for details of an advertised
position and to applicants who have not already received the information who are
shortlisted for interview. The contents of the package will vary according to the nature of
the position, the complexity of the duties and responsibilities, and the position's status in
the organisation.
Information may include:
¾ position description;
¾ selection criteria;
¾ summary of major conditions of employment;
¾ brief information about council and its operations;
¾ information about the division, branch, section or area in which the position is
located and the position's importance to the achievement of area objectives;
¾ comprehensive information about council, its corporate objectives and its

operations.
Functions of the contact person

The contact person will provide information only to prospective applicants and will ensure
that the relevant information package is forwarded to them as appropriate. The contact
person should also keep a list of inquiries, which should include names, postal
addresses, telephone and fax numbers.
Acknowledgments and unsuccessful advices

Council will acknowledge, in writing, the receipt of all applications for advertised
positions. Unsuccessful candidates will be advised in writing accordingly.
Suggested advertising format

A suggested format for council advertising is as follows:
¾ council's name - this may include logo if appropriate;
¾ title of position;

Page 295
¾ position reference number if appropriate;
¾ brief statement of position purpose or key tasks;
¾ summary of selection criteria;
¾ type of employment (whether permanent, temporary, contract, full-time or part-

time);
¾ remuneration level, including packaging, fringe benefits etc, if appropriate;
¾ contact officer(s) for information and their phone numbers;
¾ availability of information package with full selection criteria and recommendation

that all applicants seek a package;
¾ closing date for receipt of applications
¾ address for receipt of applications;
¾ if electronic applications are acceptable this should be stated;
¾ EEO statement and workplace environment statement such as a no-smoking policy.

Page 296

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HUMAN RESOURCES POLICIES

A MANUAL FOR LOCAL GOVERNMENT

Local Government & Shires Associations

CHAPTER 2: DEVELOPING POLICY ............................................... 6

CHAPTER 3: CONDITIONS OF EMPLOYMENT AND

CHAPTER 5: OCCUPATIONAL HEALTH AND SAFETY ............ 188

CHAPTER 6: STAFF TRAINING AND DEVELOPMENT............. 226

CHAPTER 7: RECRUITMENT ....................................................... 267

Human Resources Policies

¾ it contains sample policy statements on a whole range of common human

Aims: a statement of the policy's purpose.

Definitions (optional): an explanation of specialist terms as they apply to the policy.

Human Resources Policies

Terms and conventions

Revisions to this manual

Human Resources Policies

What they are and why we need them

Policies also become basic to routine or on-going management of organisations because

How they can help line managers

Human Resources Policies

Human Resources Policies

Human Resources Policies

1. identifying where policy is needed;

2. investigation, research and analysis;

3. developing draft policy;

5. planning how to implement policy;

7. monitoring, evaluating and reviewing.

An important point about time

Human Resources Policies

Human Resources Policies

¾ identify and confirm where policy is needed;

¾ propose or endorse the policy direction;

¾ identify and explore the impacts the policy will have;

¾ identify implementation issues and strategies;

¾ recommend that the proposed policy be adopted.

Human Resources Policies

If none of these sources proves adequate, it will be necessary to undertake fresh

Human Resources Policies

Use the following questions as a guide to developing a draft policy:

Is the purpose or objective of the proposed policy clear?

Are council's specific requirements known?

Does it satisfy a demonstrated and accepted need?

Is the background adequately understood by all parties?

Are there any historical aspects which might assist explanation?

What is the scope of the proposed policy?

Who and what events will the proposed policy cover?

What are the major resource implications of adopting the policy?

What mechanisms and time-frames should be recommended for monitoring,

Human Resources Policies

A comprehensive and relevant consultative process or mechanism is an accepted feature

The following questions may be relevant to the consultative process:

Is there a traditional consultative mechanism or process, or will special

What is the standard or formal policy approval process?

Is there a particular endorsement or committee process which must be followed?

Human Resources Policies

Planning for implementation is an integral part of the policy development process.

The planning process may need to address the following issues:

Does the extent and relevance of delegations need reconsideration?

Are there any easily-identified implementation issues?

Is it advisable to have an implementation timetable and/or action plan?

Is phased implementation desirable or optional? Is a changeover period required?

Who is responsible for implementation or aspects of implementation?

What is a realistic time-frame for implementation or commissioning, taking into