This guide helps you implement the Model Policy on Pre-employment Misconduct Screening – Executive Recruitment in Public Entities (DOCX, 121KB).
The policy supports public sector executive employment so that:
- we base hiring decisions on merits
- employees work in line with the public sector values and employment principles as required by the Public Administration Act 2004
In accordance with s 63 of the Act, the VPSC recommends that within a reasonable and practicable timeframe, your public entity:
- reviews its executive recruitment policies and processes to determine whether appropriate pre-employment misconduct screening is being undertaken, and
- align its current policies and processes to conform with the Model Policy and the Guide in relation to executive recruitment.
Who the policy applies to
The policy applies to:
- all public entity executive roles (however described) covered by the Public Entity Executive Remuneration Policy
- all public entities prescribed under regulation 5 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2019 (as amended from time to time) or their successor entities not yet prescribed
- any other public entity referred to in section 5 of the Public Administration Act 2004 that the Victorian Public Sector Commission notifies in writing
This policy doesn’t apply to:
- public entities that are health services covered by the Health Executive Employment and Recruitment Policy
- public entities already covered by or applying the Victorian Public Sector Commission’s Victorian Public Service Pre-employment Screening Policy
- persons employed under Part 2.3 and Part 2.4 of the Education and Training Reform Act 2006
If your entity isn’t listed, you can still adopt this policy if the Victorian Public Service Pre-employment misconduct screening policy does not apply to you.
What the policy does
- addresses integrity vulnerabilities in recruitment practices
- sets a minimum standard for prescribed public entities to follow
- seeks to stop an employee move to a role without disclosing their misconduct history
- helps you assess misconduct declarations against a role’s inherent requirements
There is a template declaration and consent form available for you to use.
How we define misconduct
Misconduct by public sector employees can:
- put the safety of others at risk
- reduce public value
- erode public trust
We define misconduct as per the Public Administration Act 2004 (PAA), which includes
- “a contravention of a provision of the PAA, the regulations or a binding code of conduct
- improper conduct in an official capacity
- a contravention, without reasonable excuse, of a lawful direction given to the employee as an employee by a person authorised (whether under the PAA or otherwise) to give the direction
- a refusal by an employee to perform duties assigned to the employee under Part 3 or Part 7A
- an employee making improper use of his or her position for personal gain
- an employee making improper use of information acquired by him or her by virtue of his or her position to gain personally or for anyone else financial or other benefits or to cause detriment to the public service or the public sector.”
Our definition is indicative only. It doesn’t exclude conduct by people not employed under Part 3 of the PAA.