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What constitutes an allegation of misconduct?

An allegation of misconduct is a claim made by one party about something wrong, improper or illegal that has or has not been done by another party.

Misconduct refers to any conduct, of any person, that involves serious or persistent harassment, bullying, fraud, corruption or conflict of interest.

When an allegation is made by members of your own organisation, this is referred to as whistleblowing.

A whistleblower is a person who provides information and exposes corrupt conduct within an organisation in the hope of stopping it.

Whistleblowing plays a crucial role in managing risk and cultivating an ethical culture, and is an effective way of uncovering potential fraud and corruption. Your organisation has responsibilities for protecting whistleblowers.

Allegations of misconduct made to us usually involve acts or omissions by a service provider’s staff or a member of their governing body due to negligence or intent.

Examples include:

  • fraud, forgery, misappropriation, misuse, misdirection, misapplication, maladministration or waste of funds
  • conflicts of interest, nepotism, favouritism
  • theft, embezzlement, tax evasion
  • corruption, dishonesty involving influence
  • assault, blackmail, taking or offering bribes
  • abuse of public trust
  • other criminally prosecutable offences directly related to employment
  • failure to report or concealment of an indictable offence
  • unreasonable danger to health or safety of clients
  • failure to act in accordance with the applicable professional and ethical standards
  • blatant disregard for policies
  • other serious acts such as refusing to carry out lawful and/or reasonable actions required under a contract.

Note that to report a child at significant risk of harm from abuse or neglect, contact the Child Protection Helpline on 13 2111.

Find out more about making a child protection report.

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Last updated: 30 Jul 2019
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