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2018-06-12 Services & Organisation Committee Agenda

of 118

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   12 JUNE 2018




                                                   Page 76 of 118

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                     12 JUNE 2018

           ORGANISATIONAL PROCEDURE - ADMINISTRATION ACTION COMPLAINTS PROCESS

           (b) Was unreasonable, unjust, oppressive, or improperly discriminatory; or
           (c) Was in accordance with a rule of law or a provision of an Act or a practice that is or may be
           unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or
           (d) Was taken —
           (i) For an improper purpose; or
           (ii) On irrelevant grounds; or
           (iii) Having regard to irrelevant considerations; or
           (e) Was an action for which reasons should have been given, but were not given; or
           (f) Was based wholly or partly on a mistake of law or fact; or
           (g) Was wrong.
           Natural Justice means that persons who are the subject of a complaint allegation and other
           potentially affect parties have the following rights:
           1. To be informed of the substance of allegations that may affect their rights and interests in as
               much detail as possible;
           2. To be given a reasonable opportunity to present.their case to a.decision maker or investigator
               in writing or at a meeting; and
           3. To have the decision maker act fairly without bias.

           A reprisal is a form of detriment to a person because itis believed that somebody has made or
           intends to make a public interest disclosure)
           A Reprisal may include any action that:
           e   Causes personal injury orprejudice to safety;
           e   Results in property damage onloss;
           e   Intimidates or harasses;
           e   Discriminates against or disadvantages the discloser’s career, profession, employment, trade
               or
               e   business;
               e   Causes financialloss; and/or
               e   Causes damage to reputation:

           Reviewing officer means a Council officer who has been tasked with investigating an
           Administrative Action Complaint. At the first level, the reviewing officer will generally be a branch
           manager/supervisor of. coordinator. At the second level, the reviewing officer will generally be a
           Director.

           Substantial misuse of public resources is defined in Section 13 of Public Interest Disclosure Act
           2010 as more than an alleged misuse based on mere disagreement over policy that may properly
           be adopted about amounts, purposes or priorities of expenditure.
           Substantial and specific danger to public health and safety includes any substantial and
           specific danger to the health and safety of the public.   Public health or safety is defined in
           schedule 4 of the Public Interest Disclosure Act 2010 to include the health or safety of individuals
           who are:

           e     Under lawful care or control (i.e. students, patients, prisoners); or
           °     Using community facilities or services provided by the public or private sector; or
           °     In employment workplaces.

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                                                                                                    Page 76 of 118
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