Conduct and standards
Reporting misconduct
Under the Corruption, Crime and Misconduct Act (2003) (external site), the SMHS Chief Executive has obligations to both the Corruption and Crime Commission (CCC) (external site) and the Public Sector Commission (PSC) (external site) in relation to reporting suspected misconduct by staff.
Complaints are different to misconduct.
A complaint is generally an expression of dissatisfaction by or on behalf of an individual consumer / carer regarding any aspect of service provided by SMHS, including:
- Fiona Stanley Fremantle Hospitals Group (external site)
- Peel Health Campus (external site)
- Rockingham Peel Group (external site).
You can read more about how to share your feedback about these hospitals on their websites.
How to report misconduct
There are a number of ways to report possible misconduct or wrongdoing within the SMHS hospital network and community-based services
The new 1300 266 382 phone line is available 24/7 and callers automatically hear a recorded voice mail inviting them to leave their message.
Callers may choose to remain anonymous or provide their contact details when leaving their message, which can only be accessed by SMHS Integrity and Ethics staff.
See Reporting misconduct below for other ways to make a report.
Staff misconduct could concern issues such as allegations of:
- sexual impropriety – behaviour that is sexually demeaning to a consumer including comments or gestures
- sexual misconduct
- breaches of patient confidentiality
- physical or mental impairment of a health care professional which comprises the care of a consumer (for example, under the influence of drugs or alcohol)
- fraud or illegal practice of a financial nature
- theft by a public officer
- medication issues, where it is alleged that the loss of patient’s own medication is as a result of the actions of a public officer (for example, theft).
The CCM Act defines two types of misconduct – serious and minor.
Serious misconduct
Serious misconduct is when a public officer, for example a staff member, either:
- acts corruptly or corruptly fails to act in the course of their duties
- corruptly takes advantage of their position for the benefit or detriment of any person
- commits an offence which carries a penalty of 2 or more years.
Examples include:
- abuse of public office
- blackmail
- bribery
- deliberately releasing confidential information
- extortion
- obtaining or offering a secret commission
- fraud or stealing
- forgery
- perverting the course of justice.
Read more information on serious misconduct reporting and processes:
- About the CCC (external site)
- What is serious misconduct? (external site)
- Reporting serious misconduct (external site)
- Who is a public officer? (external site)
Minor misconduct
Minor misconduct is behaviour by a public officer which either:
- adversely affects the honest or impartial performance of the functions of a public authority or public officer
- involves the performance of functions in a manner that is not honest or impartial
- involves a breach of the trust placed in the public officer
- involves the misuse of information or material that the public officer has acquired in connection with their functions as a public officer, whether the misuse is for the benefit of the public officer or the benefit or detriment of another person
and is significant enough to give grounds for termination as a public officer under the Public Sector Management Act (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct).
Read information on minor misconduct (external site) and promoting integrity in public authorities (external site).
If there is reasonable suspicion of misconduct, the SMHS Chief Executive is required to report:
- serious misconduct matters to the CCC
- minor misconduct matters to the PSC.
In both cases, however, to be reportable to either agency, there must first be reasonable grounds for making a notification. This will usually require some form of preliminary enquiry to be conducted to determine relevant facts and circumstances.
There are a number of ways to report possible misconduct or wrongdoing within the SMHS hospital network and community-based services.
Send an email
Select the button below to send an email:
Phone the SMHS Misconduct Hotline
The new 1300 266 382 phone line is available 24/7 and callers automatically hear a recorded voice mail inviting them to leave their message.
Callers may choose to remain anonymous or provide their contact details when leaving their message, which can only be accessed by SMHS Integrity and Ethics staff.
Email the CCC or PSC direct
You can also report:
- serious misconduct by emailing the CCC or using the online CCC reporting form (external site)
- minor misconduct by emailing the PSC or completing the online PSC reporting form (external site).
A public interest disclosure (PID) is a State Government process to deal with matters of a serious nature which, if resolved, would serve the public good.
It enables people to disclose certain types of wrongdoing covered by the Public Interest Disclosure Act 2003 (external site), and where required, ensures that someone investigates the information and takes action.
Within SMHS, if you are ‘whistleblowing’ then you are progressing through the PID pathway.
What is a PID?
A PID is more than a:
- general complaint or dissatisfaction with a product, service or decision of government
- personal grievance that can be resolved by agreement.
A PID must:
- relate to wrongdoing
- not be trivial
- be made to a person who has been registered as a PID Officer.
A public interest disclosure must be managed according to the Public Interest Disclosure Act 2003 (external site) and, once made, the person making the disclosure cannot withdraw it.
Read more about public interest disclosures in WA public authorities (external site).
Anonymous disclosures
SMHS can accept an anonymous disclosure, however this may make it more difficult to investigate the disclosure or take action as the SMHS PID Officer cannot seek further information from the discloser.
It is important to note:
- an anonymous disclosure may not prevent the discloser from being identified during an investigation
- if the SMHS PID Officer does not know who made the disclosure, it will be difficult for them to ensure the discloser is protected and to prevent any reprisal or detrimental action.
Under the Public Interest Disclosure Act 2003 (external site), SMHS is not required to provide any reports about the progress or final outcome of anonymous disclosures.