❓ A WA parliamentary question seeks detailed data on disciplinary proceedings within the Education Department, including employee categories, suspension status, and outcomes over several years. The response provides some data but notes limitations in historical record-keeping and categorization.
AnsweredQoN 6061Legislative Assembly
QuestionView source ↗
(1) How many Education Department employees are currently subject to breach of discipline proceedings under Part 5 of the
Public Sector Management Act 1994
; and
(a) of these employees, how many are:
(i) principals;
(ii) teachers;
(iii) teacher assistants;
(iv) clerical staff, including registrars;
(v) cleaning or gardening staff; or
(vi) other staff categories;
(b) for each of the categories in (a), how many have been:
(i) suspended with full pay;
(ii) suspended with partial pay;
(iii) suspended without pay; or
(iv) not suspended?
(c) how many breach of discipline proceedings under Part 5 of the
Public Sector Management Act 1994
were commenced against Department of Education employees in each of the following years:
(i) 2008;
(ii) 2009;
(iii) 2010; and
(iv) 2011;
(d) for the breach of discipline proceedings commenced for each year in (c):
(i) how many are still current;
(ii) how many were concluded fully exonerating the employee;
(iii) how many were concluded finding a breach, resulting in dismissal of the employee;
(iv) how many were concluded finding a breach, resulting in a penalty not including dismissal of the employee;
(v) how many were concluded as a result of the employee resigning or retiring; and
(vi) apart from the proceedings referred to in (d) (v), how many were concluded as a result of the Department of Education or Director General not proceeding with the disciplinary process?
Public Sector Management Act 1994
; and
(a) of these employees, how many are:
(i) principals;
(ii) teachers;
(iii) teacher assistants;
(iv) clerical staff, including registrars;
(v) cleaning or gardening staff; or
(vi) other staff categories;
(b) for each of the categories in (a), how many have been:
(i) suspended with full pay;
(ii) suspended with partial pay;
(iii) suspended without pay; or
(iv) not suspended?
(c) how many breach of discipline proceedings under Part 5 of the
Public Sector Management Act 1994
were commenced against Department of Education employees in each of the following years:
(i) 2008;
(ii) 2009;
(iii) 2010; and
(iv) 2011;
(d) for the breach of discipline proceedings commenced for each year in (c):
(i) how many are still current;
(ii) how many were concluded fully exonerating the employee;
(iii) how many were concluded finding a breach, resulting in dismissal of the employee;
(iv) how many were concluded finding a breach, resulting in a penalty not including dismissal of the employee;
(v) how many were concluded as a result of the employee resigning or retiring; and
(vi) apart from the proceedings referred to in (d) (v), how many were concluded as a result of the Department of Education or Director General not proceeding with the disciplinary process?
AnswerView source ↗
Answered
19 October 2011
Responded by
Minister for Education
Response time
43 days
I am advised by the Department of Education as follows:
(1) Employees referred to under Question (1)(a) part (iii), (v) and some of those referred to in (1)(a) part (vi) are not subject to Part 5 of the
Public Sector Management Act 1994
. However data relating to formal disciplinary proceedings against those employees has been included.
As at 6 September 2011, the numbers of employees currently subject to formal disciplinary proceedings are as follows:
(a)(i) 22
(a)(ii)53
(a)(iii)12
(a)(iv) 3
(a)(v)3
(a)(vi)15
(b) Employees may be suspended under the provisions of Section 240
School Education Act 1999
or Section 82
Public Sector Management Act 1994.
(b) Principals
(i)1
(ii)0
(iii)1
(iv) 20
(b) Teachers
(i)7
(ii)0
(iii)0
(iv) 46
(b) Teacher Assistants
(i) 2
(ii) 0
(iii) 0
(iv) 10
(b) Clerical staff, including registrars
(i) 0
(ii) 0
(iii) 0
(iv) 3
(b) Cleaning or gardening staff
(i) 0
(ii) 0
(iii) 0
(iv) 3
(b) Other categories of staff
(i) 0
(ii) 0
(iii) 0
(iv) 15
(c) Financial year data as follows:
(c)(i) 2007/2008 263
(c)(ii) 2008/2009 157
(c)(iii) 2009/2010 262
(c)(iv) 2010/2011 193
(d)(i) Financial year data as follows:
2007/2008 0
2008/2009 1
2009/2010 16
2010/2011 86
(d)(ii) The Department of Education only records 'no breach' findings in two sets of circumstances:
1. Where there was insufficient evidence to support a conclusion that breach of discipline had occurred, but not enough evidence to support a conclusion that the employee should be exonerated; and
2. Where the employee was exonerated.
The Department does not distinguish between the two when recording the outcome of cases. Findings can only be provided at the allegation level. A case may relate to a number of allegations. Resolutions and penalties have only been available in reports since 2010. Reports of data are not available for resolutions of matters both opened and closed in a given year. Data is available on allegations closed in a financial year. However, no distinction is made on which year the matter was received.
Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 294 discipline allegations were finalised.
85 allegations resulted in a finding that no breach of discipline occurred.
2010/2011 - 259 discipline allegations were finalised.
86 allegations resulted in a finding that no breach of discipline occurred.
(d)(iii) Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 3
2010/2011 - 2
(d)(iv) Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 294 discipline allegations were finalised.
46 allegations resulted in a finding that a breach of discipline occurred.
2010/2011 - 259 discipline allegations were finalised.
41 allegations resulted in a finding that a breach of discipline occurred.
(d)(v)-(vi) Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 294 discipline allegations were finalised.
160 allegations were concluded other than by the completion of the discipline process. This includes resignation, retirement, and other management actions to resolve complaints.
24 of those allegations were closed after negative notices were issued by the Department for Child Protection Working with Children Screening Unit and the Department could no longer retain those employees in child-related work.
2010/2011 - 259 discipline allegations were finalised.
130 allegations were concluded other than by the completion of the discipline process. This includes resignation, retirement, and other management actions to resolve complaints.
18 of those allegations were closed after negative notices were issued by the Department for Child Protection Working with Children Screening Unit and the Department could no longer retain those employees in child-related work.
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(1) Employees referred to under Question (1)(a) part (iii), (v) and some of those referred to in (1)(a) part (vi) are not subject to Part 5 of the
Public Sector Management Act 1994
. However data relating to formal disciplinary proceedings against those employees has been included.
As at 6 September 2011, the numbers of employees currently subject to formal disciplinary proceedings are as follows:
(a)(i) 22
(a)(ii)53
(a)(iii)12
(a)(iv) 3
(a)(v)3
(a)(vi)15
(b) Employees may be suspended under the provisions of Section 240
School Education Act 1999
or Section 82
Public Sector Management Act 1994.
(b) Principals
(i)1
(ii)0
(iii)1
(iv) 20
(b) Teachers
(i)7
(ii)0
(iii)0
(iv) 46
(b) Teacher Assistants
(i) 2
(ii) 0
(iii) 0
(iv) 10
(b) Clerical staff, including registrars
(i) 0
(ii) 0
(iii) 0
(iv) 3
(b) Cleaning or gardening staff
(i) 0
(ii) 0
(iii) 0
(iv) 3
(b) Other categories of staff
(i) 0
(ii) 0
(iii) 0
(iv) 15
(c) Financial year data as follows:
(c)(i) 2007/2008 263
(c)(ii) 2008/2009 157
(c)(iii) 2009/2010 262
(c)(iv) 2010/2011 193
(d)(i) Financial year data as follows:
2007/2008 0
2008/2009 1
2009/2010 16
2010/2011 86
(d)(ii) The Department of Education only records 'no breach' findings in two sets of circumstances:
1. Where there was insufficient evidence to support a conclusion that breach of discipline had occurred, but not enough evidence to support a conclusion that the employee should be exonerated; and
2. Where the employee was exonerated.
The Department does not distinguish between the two when recording the outcome of cases. Findings can only be provided at the allegation level. A case may relate to a number of allegations. Resolutions and penalties have only been available in reports since 2010. Reports of data are not available for resolutions of matters both opened and closed in a given year. Data is available on allegations closed in a financial year. However, no distinction is made on which year the matter was received.
Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 294 discipline allegations were finalised.
85 allegations resulted in a finding that no breach of discipline occurred.
2010/2011 - 259 discipline allegations were finalised.
86 allegations resulted in a finding that no breach of discipline occurred.
(d)(iii) Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 3
2010/2011 - 2
(d)(iv) Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 294 discipline allegations were finalised.
46 allegations resulted in a finding that a breach of discipline occurred.
2010/2011 - 259 discipline allegations were finalised.
41 allegations resulted in a finding that a breach of discipline occurred.
(d)(v)-(vi) Financial year data as follows:
2007/2008 - This data is not available.
2008/2009 - This data is not available.
2009/2010 - 294 discipline allegations were finalised.
160 allegations were concluded other than by the completion of the discipline process. This includes resignation, retirement, and other management actions to resolve complaints.
24 of those allegations were closed after negative notices were issued by the Department for Child Protection Working with Children Screening Unit and the Department could no longer retain those employees in child-related work.
2010/2011 - 259 discipline allegations were finalised.
130 allegations were concluded other than by the completion of the discipline process. This includes resignation, retirement, and other management actions to resolve complaints.
18 of those allegations were closed after negative notices were issued by the Department for Child Protection Working with Children Screening Unit and the Department could no longer retain those employees in child-related work.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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