News

The VAU are currently assisting over 35 members who are being investigated by the Professional Standards and Behaviours Department (PSBD). Many of these members are suspended, and some have been suspended or placed on alternative duties for over a year.

Some members are responding to very serious allegations of misconduct which should be properly investigated. Other members are responding to minor allegations which could be handled by local management. An example of some of these allegations include:

• Pulling a patient’s seatbelt aggressively to try and loosen it after the patient told a member the seatbelt was too tight.
• Sending an email stating that requests have been ignored or rejected without explanation.

Given that Ambulance Victoria (AV) considers the above conduct to be potential misconduct, all VAU members at AV risk being investigated by the PSBD. For this reason, it is important that the PSBD conducts investigations in accordance with procedural fairness and natural justice.

Arbitration in the Fair Work Commission

The VAU has a number of concerns about the way disciplinary matters are managed by the PSBD. These concerns are ongoing despite the VEOHRC report and the overhaul of the PCU. These include:

• Taking an unreasonable amount of time to investigate straightforward matters.
• Failing to provide support and updates to complainants and respondents about the progress of the investigation.
• Failing to give respondents a fair opportunity to understand what complaints are being made about them and how allegations have been substantiated.

To make sure the PSBD process is fair and complies with the Enterprise Agreement, we are currently taking four disputes to arbitration in the Fair Work Commission in relation to the PSBD. These cases are going to arbitration because we have not been able to resolve the disputes at conciliation.

In all these cases, AV have substantiated allegations against members and proposed disciplinary action, up to termination of employment. However, the members concerned have not been given a copy of the investigation report which details the PSBD investigator’s reasoning and the evidence they considered. In some cases, the members have even been told that other witnesses’ evidence has been preferred, without knowing who the witnesses are or what evidence they provided. This is highly unfair and sets these members up to fail. This is very concerning in circumstances where the member’s employment with AV – and career as a paramedic – may be at stake.

These issues also affect our members who make complaints. A complainant should expect that their complaint will be investigated in a timely and fair manner. The failure to do so increases the risk that complainants will have to give evidence and be cross-examined in unfair dismissal hearings.

Occupational Health and Safety Concerns

Additionally, a significant number of members have reported being negatively impacted and experiencing psychological harm from the PSBD process. This includes members who made complaints and members who responded to complaints.

AV has a legal obligation under the Occupational Health and Safety Act 2004, to provide and maintain a safe working environment for all staff. This means AV are required to have systems in place that prevent inappropriate behaviours, bullying and psychosocial hazards and risks to health. It does not appear that appropriate systems are in place in the PSBD process. No employee should be exposed to psychological harm, particularly from a process aimed at investigating, managing and preventing harm in the workplace.

Unfortunately, while the best way to report hazards at work is by making a HSCS, we can’t advise members to do this. This is because it has recently been brought to our attention that all HSCSs relating to bullying and harassment are sent to the PSBD and can also be viewed by all HSRs which may breach a member’s privacy. This includes HSCSs concerning the PSBD’s conduct. This is very concerning for the VAU, and we have raised this with AV so that the process can be immediately amended.

We hope that by holding the PSBD to account we can create a fairer and more transparent investigation process for the AV workforce which will benefit both members who make complaints and those who respond to complaints.