Staff

Employer Responsibilities

Employing people involves the employer accepting certain responsibilities in regard to the employee. Many of these are defined in law, or in awards that have a legal basis. These include ensuring a fair process in the selection, remuneration and deployment of staff.

Employer responsibilities include:

• Meeting minimum employment standards as detailed in the Workplace Relations Act, awards and enterprise bargaining agreements (EBAs). Note that this legislation will change in the next 12 months. The site will be updated when the details become clear.
• Ensuring equitable processes that do not discriminate against groups or individuals on the basis of race, gender, age, sexuality, marital status, pregnancy, physical, intellectual or psychological impairment (including HIV/AIDS) and religious or political beliefs, activities or practices.
• Keeping records of all employees.
• Providing a healthy and safe work environment as specified in the NT Work Health Act.

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Recruitment

Step 1.

Before setting in place a recruitment process for a vacant position the administrator should ensure that:

1. There are funds available to pay wages and on-costs.
2. There are recurrent funds available if the position will be ongoing, rather than for a defined period of time.
3. There are funds available to cover any expenses necessary for the employee to perform the tasks required (eg computer equipment, motor vehicle, travel expenses)
4. There is accommodation available if the employee will be resident in a remote community.

Step 2.

Seek health board approval for recruitment to the position.

Step 3.

Develop or review the job description (See pro forma).

Step 4.

Advertise position

1. Clarify whether there is appropriate support available from external agencies (eg AMSANT, GPPHCNT).
2. Draft an advertisement, using previous version when available or pro forma.
3. Inform staff of the recruitment to the position and place an advertisement in local, and (if appropriate) national newspapers, journals etc. It may be useful to circulate the advert to other health services, agencies and NTDHCS, and to access relevant web sites.
4. The advertisement should include the following information:
   • the position, job and location
   • brief details of the health service
   • qualifications, essential and desirable
   • experience, essential and desirable
   • particular conditions offered (eg accommodation)
   • a closing date for applications
   • a name (usually administrator) and phone number for further information, selection criteria and job description
   • address for applications: president of health service, postal address
   • statement encouraging Aboriginal people to apply, and asserting the service is an equal opportunity employer. If the position is specifically for an Aboriginal person, or for a person of a particular gender, the advertisement should state this clearly.
   Some advertisements include salary levels, whilst others do not. A low salary can discourage applicants, whilst a high salary can encourage inappropriate applicants. Give some thought to the tactics of this matter. For many positions there is flexibility in what salary and other conditions can be offered, whilst in others an award determines fairly rigidly the salary and conditions of employment. In the latter case the award and level might be included in the advertisement.

Step 5.

Prepare a health service information for applicants package to send with a covering letter to potential applicants for vacant positions. This should include an overview of the health service and community, selection criteria, and job description.

Step 6.

Negotiate with your health board who should be on the selection panel. It is probably ideal to limit the size to at least three but no more than five people. It is wise to include a health board member and a staff member who will have to work with the person appointed. It is also usual for the administrator to participate, especially to contribute information about employment conditions.

Step 7.

Develop selection criteria (see pro forma) with the selection panel and define whether each of them is essential or desirable.

Step 8.

Inform applicants that their application has been received by an application receipt acknowledgement letter.

Step 9.

Short-listing applicants. This is the selection panel’s task. Any applicant who does not fulfil an essential selection criterion (including essential qualifications, registrations and experience) can be strictly discarded. This is the first step. Then desirable criteria should be considered. If there are only a few applicants left, the panel may decide to interview them all. However, if there are still many applicants it is wise to shorten the list further by considering applicants who fulfil desirable criteria. If possible it is desirable to limit the number of people to be interviewed to no more than four. The administrator should keep records of the reasons for the panels decision in case allegations of unfairness or discrimination are made.

Step 10.

Check referees and registration board for short-listed applicants. Police checks are also important if the position involves management of finances. Immigration status may be relevant for some applicants. Other eligibility criteria may be determined by the health service constitution or funding body conditions. For instance, OATSIH stipulates that staff employed with its funds cannot be undischarged bankrupts. These checks can be done as part of the short-listing process, or after the selection process and before the successful applicant is offered the job.

Admin Tip … Aboriginal Applicants & Affirmative Action

In line with the affirmative action policy, Aboriginal applicants who have most of the essential skills and experience may be short-listed if the selection panel consider that the other skills/experiences can be developed through training and on-the-job support.

Step 11.

Inform all applicants of whether or not they have been selected for an interview. Write to unsuccessful applicants. Contact successful applicants by phone to arrange an interview time. Interviews may be conducted by phone (if a speaker phone is available) or in person. Assistance in travel costs for face-to-face interviews may be available from the GPPHCNT or CentreLink.

Step 12.

The selection panel conducts interviews. It is important to try and ensure that the same panel members are involved in all interviews so that they can make valid (if subjective) comparisons. The administrator should prepare draft job interview questions for the applicant that the selection panel can modify and then allocate amongst themselves before the interview process begins.
 
It is preferable to use the same process and questions for each applicant. After all questions have been completed, the administrator should explain the basic conditions of the job, and ask when the applicant can start work. At the end of the interview the applicant should be given the opportunity to ask any questions. Salary, relocation arrangements, accommodation etc should be worked out before the interviews rather than specific answers being given without adequate consideration. If any issue is raised that has not been adequately determined previously, then this should be left to a negotiation process with the successful applicant.

Step 13.

Decide the appointment. After all the interviews the panel must consider which applicant is best suited to perform the job. The administrator should keep some record of positive and negative aspects of each applicant during the interviews, and present these to the panel in summary for their consideration. Gut feelings about applicants are legitimate components of the judgments people make, and should not be ignored. However, it should be possible to justify the final decision adequately. The administrator should keep records of this decision and reasons for it.

Step 14.

The administrator should write a recommendation to the health board in line with the selection panel’s decision.

Step 15.

Once the health board has approved the appointment, the administrator should contact the successful applicant to negotiate a starting date and other practical issues. Follow this with a formal letter of offer detailing the conditions of appointment and include an acceptance at the bottom, which the applicant can sign and return. This letter should include:

• the position
• starting date
• period of appointment
• salary, leave entitlements, superannuation
• relocation arrangements
• probationary period (see below)
• any accommodation arrangements
• any fringe benefits offered
• any other conditions
• date that response should be made by.

Step 16

Once the successful applicant has accepted the position, write to unsuccessful applicants.

Further information regarding salary sacrifices.

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Probationary Period

It is usual to appoint people subject to a satisfactory appraisal after a three-month probationary period (this can be extended to four months or more). The probationary period allows the employer and the employee to assess the suitability of the arrangement. If the employee is unsuitable for the position, his/her employment may be terminated either during, or at the end of, the probation period by giving the employee (two weeks) written notice of termination. Permanent appointment to the position is not made until after this process is complete.

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Relocation Expenses

It is usual for employees recruited from outside the community locality to receive assistance with travel costs for him/her and their family (up to the cost of standard economy airfares). Where new employees choose to drive to the community, reasonable meal and accommodation expenses are reimbursed (upon submission of receipts) and vehicle fuel expenses-based receipts provided. However, the total reimbursement should not exceed the value of an economy air fare.

For the transport of personal belongings, the new employee needs to have actual costs approved by the health service (after presenting three quotes for the work) before relocation. Usually the health service provides a purchase order number for the relocation and pays the supplier directly.

If the employee is receiving a relocation subsidy from another source, such as their previous employer or the GPPHCNT, they are not eligible to claim from the health service.

Any entitlement to relocation back to the employee’s place of recruitment is not payable where the employee is terminated due to behaviour warranting summary dismissal, or the employee doesn’t complete their contract with the service.

Some health services also offer annual economy return airfares to the nearest capital city for the employee as part of the employment agreement.

Check the details of what is required under the relevant award and or enterprise bargaining agreement and the particular agreement between the employee and the health service.

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Procedure for New Employees

1. Create an employee personnel file, including an employee record card.
2. Ensure the employee has a job description (see pro forma).
3. Give the new employee a tax file number declaration to complete, and on return mail original to the ATO and file the copy in the personnel file.
4. Offer a Payroll Deduction Authority form for any deductions required (eg union fees, social club), and on return file the copy in the personnel file.
5. Enter all the details (income tax PAYG liability, Australian zone list level and regular payroll deductions) from the returned documents into the payroll system.
6. Receive from new employee copies of:
   • Current drivers license
   • Current practicing certificate
   • Current professional indemnity insurance receipt
   • Current address, telephone number
   • Address for next of kin, or emergency contact person.
7. Sign the health service’s  new staff and health board member confidentiality agreement.
8. Finalise employment contract or agreement if relevant. Provide new employee with a copy and file the copy in the personnel file.

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Orientation

New staff, whether Aboriginal or non-Aboriginal, require orientation to their new work. Both Aboriginal and non-Aboriginal orientation will need to be focused on how the health care system works, what their expected role in it is, what community services are available for people in need, demographics of the region, cultural issues and the nature of Aboriginal organisations and communities.

The orientation program has three aspects:

1. Cross-cultural, including the history and politics of the local community and health service organised by appropriate Aboriginal people selected by the health board.
2. General and administrative (including work health issues) organised by the administrator.
3. Local health care systems and other matters relevant to their job to be organised by senior AHW, nurse or doctor.

It is useful to have a staff orientation kit maintained by the administrator and senior clinical staff that can be given to all new staff members on recruitment. The orientation kit might include :

• health service name, address, phone numbers and fax numbers
• health service philosophy and objectives
• Health Board composition and role
• organisational chart
• history of the region, community and health service
• overview of local area and community demographics, including location of outstations.
• cultural information and etiquette
• other local community organisations and activities
• referral services within the region
• clinical procedures for organisation of referrals, investigations, pathology specimens, evacuations
• Tips for camping, 4 WD use, bush travel, radios, protective clothing, etc.

New staff should also be introduced to the following documents:

• Health service policy and procedures manual
• CARPA Standard Treatment Manual, Alukura/Nganampa Minymaku Kutju Tjukurpa Women’s Business Manual and other clinical protocols to be followed.

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Employment Contracts and Agreements

Most staff are employed under specific awards and conditions detailed in enterprise bargaining agreements (EBAs) in the NT. Individual contracts with staff may also operate. This is particularly the case for some professional staff, and may include agreements to pay out on call and overtime rates in exchange for a flat percentage increase in salary, and/or increased annual leave entitlements. Doctor’s contracts should include the handling of Medicare payments, and issues of private practice rights, if any. Contracts should also specify any salary packaging arrangements, and other fringe benefit entitlements. Contracts should be for a specified period, usually 1-2 years. They can be:

• through awards and industrial agreements – applies to any worker in the industry they cover
• negotiate an agreement of employment (contract)
• enter into a workplace or enterprise agreement under Territory legislation (EBAs)
• enter into a workplace agreement or employee collective agreement or union collective agreement under Federal legislation.

Contracts or Agreements

A job contract is an agreement reached between the employer and worker regarding terms and conditions of employment. It is not compulsory but is useful in describing the mutual expectations and obligations required of each party, particularly if:

1. there is no clear award that has coverage
2. above award conditions are being offered

Agreements of employment must comply with Australian Fair Pay and Conditions Standard, protected award conditions and relevant Commonwealth and NT legislation. Employees must be given the proposed agreement and requisite Information Statement (obtained from the Australian Government Office of the Employment Advocate) and be given 7 days to consider them (unless waived by the employee).

The workplace agreement then needs to be signed and lodged with the Commonwealth Employment Advocate, along with a statutory declaration attesting to compliance with the requirements under Work Choices in relation to agreement making and content.

Contracts should include:

term of appointment duties rates of pay annual increments hours of work overtime/time-in-lieu performance review Leave entitlements termination overtime workers’ compensation superannuation

a ‘subject to funding’ clause redundancy travel allowance training resignation code of conduct public holidays grievance procedure time in lieu any special conditions Health Board powers Job description

The job contract does not need to reiterate entitlements already contained in the award or acts, it can just refer to them and give details of those things that are above award conditions.

There is no time limit on individual contracts.

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Workplace or Enterprise Agreements

These are voluntary agreements between an employer and more than one of its employees, or between two or more employers and a number of their employees, which specify the terms and conditions of employment. Workplace agreements are intended to provide more flexible options that are relevant to the needs of particular workers, workplaces or businesses. They provide an opportunity to tailor the terms and conditions of employment to the needs of consumers and to the constraints of funding. The agreement may take the place of an award or it may sit alongside an award. It can standardise some conditions in the workplace that otherwise vary in awards.

In summary, the key points of the agreements are:

• they are voluntary
• they are for a fixed period of time
• they should comply with any minimum conditions of employment that may apply
• they should provide wages and conditions that do not disadvantage workers (in relation to the relevant award)
• they must be registered and the registering body must be satisfied that the agreement complies with the legislation before it is registered
• they should make provision for Notice of Termination and include grievance/dispute procedures
• they must comply with existing NT and Federal legislation, such as anti-discrimination legislation and EEO legislation.

The first step in developing a workplace/enterprise agreement, is to talk to the relevant NT or Federal Office of Employment Advocate and the union(s) representing the service employees.

Differences between a Workplace/Enterprise Agreement and an Agreement of Employment

A workplace/enterprise agreement is different from an agreement or contract of employment principally because it must comply with workplace/enterprise agreement legislation and must be registered for it to take effect. Similar to agreements of employment, workplace agreements must comply with minimum specified conditions of employment and other relevant legislation.

Relevant awards, EBAs and agreements should be kept by the administrator, and made available to staff on request.

Relevant unions and the NT Workplace Advocate or GPPHCNT may assist in the details of contracts and agreements. The NT Workplace Advocate has a useful checklist for agreements.

The following should be included in any Employment Contract or Agreement, and in Staff Information packages:

• position
• who the position is responsible to.
• award and classification level
• salary
• superannuation arrangements
• union membership information
• job description
• period of employment
• hours of work
• leave entitlements
• probation and employment appraisal process
• dispute resolution and grievance procedure
• termination provisions, including length of notice required
• confidentiality policy

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Conditions of Employment

Pay

Employees are entitled to information about how pays are calculated, including the length of the pay period. Payment of salaries should be in accord with the award and classification under which the employee is employed, or the employee’s contract of employment. Payments should be electronically transferred to the employee’s bank account, and a pay slip detailing gross salary, all deductions and amount transferred provided to the employee.

Hours of Work

Regular working hours are determined by the health service, but in total should not exceed 37.5 hours a week without appropriate remuneration. Usually staff are entitled to a one-hour lunch break, and two 15-minute breaks for morning tea and afternoon tea. On Call responsibilities are usually shared between staff.

Timesheets

In order to accurately calculate pays, staff must complete either time sheets approved by the delegated senior staff member or clock on and off when starting and finishing work, if such a device is used. Pays are calculated for actual hours worked.

Time in lieu

Some services may allow time in lieu arrangements. Usually there are limits to how much time in lieu can be accumulated (eg up to 10 hours) without the health service’s prior approval. Taking time in lieu must not disrupt the essential service provided by the service, and be negotiated with other clinic staff and approved by the administrator. Note that time in lieu arrangements are not a general entitlement and do not operate in many health services.

Absence Of Employees Without Authorised Leave

When a staff member is away from work without approval the administrator should ascertain the reasons for the absence. If appropriate, undertake counselling of the staff member, with no pay made for that period of absence. A record of counselling and warnings should be kept on the employee’s personnel file.

Leaving the Workplace for Personal Reasons

Staff who leave the workplace for personal reasons without approval may have their pay reduced by an amount proportional to the period of absence.

Advances

Due to the difficulty involved with recording and recoverability, advances of wages are not paid under any circumstances. If particular staff have difficulty managing their finances from one pay day to the next, more frequent payment of wages can be organised, but only for wages actually earned.

Deductions

Deductions, apart from deductions made on behalf of the ATO, can only be made from someone’s pay if properly authorised though a Payroll Deduction Authority. Any change in payroll deductions will need to be done by the employee filling out a new form. A copy should go to the employee as well as be filed in the personnel record.

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Allowances

In rural/remote community health services a zone tax offset is payable to all staff. Specific allowances may also be payable as follows:

• Bilingual Allowance is payable to an employee who is fluent in a relevant language. An employee may be required to have their proficiency tested by an agency or individual agreed to be the employer and employee (or their union).
• On Call and Overtime Allowances are paid to clinical staff responsible for the provision of an after hours service. In many cases these allowances have been incorporated into a percentage of salary payment that is not directly linked to the actual on-call work. Check the award, EBA and employee contract as to actual entitlements.
• Vehicle Allowance is payable where the employee uses their own vehicle in performing work duties because no health service vehicle is available. A set vehicle allowance can be paid or an actual amount per kilometre paid on actual kilometres travelled (see table below). The health service and employee must formally agree to prior arrangements.

Table 4 Reimbursement Rate for Private Vehicle Use for 2006-07 financial year

Vehicle Engine Capacity	Rate per Km ($)
<0.6 litre	0.58
1.6-2.6 litre	0.69
>2.6 litre	0.70

Allowances (but not amounts paid per km for vehicle use) must be shown on the employee’s ATO Payment Summary.

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Superannuation

The health service pays 9% of gross salary into an approved superannuation fund on behalf of the employee. Contributions are based on ordinary earnings of wages and exclude:

• annual leave loading
• overtime
• lump sum payments on termination for accrued leave
• payments in lieu of notice

An employer can pay a superannuation contribution greater than that required under the Act. This means an employee can enter into a salary sacrifice arrangement whereby they agree to accept a lower salary in lieu of an increased super contribution. In this case the employee pays tax only on the salary they are receiving. FBT does not apply to superannuation payments.

Upon termination, the accumulated funds can either be rolled over into another company or individual scheme, which is negotiated between the individual and the fund.

Refer to Superannuation in the Finances section.

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CDEP Employment

Aboriginal health services that employ staff under the Community Development Employment Program (CDEP) must make sure they follow the laws that apply to employers.

However, superannuation payments do not have to be paid on wages paid from CDEP grants.

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Leave Entitlements

When staff are on leave there needs to be a handover of specific tasks to other staff members or relief staff in order to maintain services. This should be through a planning process involving all relevant staff.

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Public Holidays

Staff are not normally required to work on public holidays except for emergency services and on call arrangements where remuneration arrangements are defined in either the award or the employment contract.

The NT Government gazettes actual public holiday dates each year.

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Annual leave

Annual leave entitlements vary from service to service. Check the Award and Agreement as to actual entitlements in particular services.

• All staff other than casual staff are entitled to the specified number of working days annual leave after the equivalent of 12 months worked.
• Whilst annual leave is an entitlement it can only be taken after approval of the health service at a time that is suitable to the employer. Application forms for annual leave are to be completed no later than two weeks prior to the leave date , but it is preferable to give longer notice, particularly if relief staff must be organised.
• Annual leave cannot be taken during the three month probation period.
• Leave applications should be negotiated with the Administrator.
• Annual leave entitlements must be actually taken as payment in lieu of leave is not permitted.
• A loading of 17.5% of normal gross salary shall be paid on annual leave pay before going on leave. This loading is not paid on any public holidays falling in the leave period.
• The employee is entitled to all untaken leave at time employment ceases.
• Leave taken but not accrued at the time employment ceases will be repaid to the service.
• Annual leave shall not be accrued from one year to the next and shall be taken at a time agreed to by the employee and the employer.

Bereavement Leave

Employees are entitled to a specified number of days leave in respect of the death of an immediate family member. It is usually 3–4 days, but longer is usually specified for deaths occurring overseas. If additional leave is requested it should be negotiated with the health board. Check the award and   EBA as to actual entitlements in particular services

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Ceremonial Leave

Aboriginal employees who are expected to participate in ceremonies are entitled to a specified number of days ceremonial leave days annually. This leave is non-cumulative, and does not apply to all staff. It is advisable for the administrator to involve the president of the health board in determining the appropriateness of applications for ceremonial leave. Check the award and  EBA as to actual entitlements in particular services.

Jury Service

Employees who are required for jury service during working hours will be paid the difference between their normal wages and the amount paid for jury service. Proof of being called to jury service, attendance and details of the amount received by the court will need to be provided to the administrator.

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Leave Without Pay

• Leave without pay (LWOP) applications must be submitted and approved before taking leave.
• Staff may obtain LWOP at the discretion of the health board. Health services may have varying policies on how often LWOP can be taken and for what periods. Generally approval will only be given for a period of up to 12 months, provided it will not unreasonably affect the operation of the service.
• As a prerequisite to applying for LWOP for a period of more than six months, an employee must have served a minimum of 18 months full-time continuous service.
• Where stress or personal problems are cited as the reason for a staff member requiring LWOP, the staff member should be referred to a relevant counselling service.

Check the award and Agreement as to actual entitlements in particular services.

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Long Service Leave

The employee is entitled to 13 weeks leave with pay after 10 years of employment. If the employee leaves after seven years, payment is pro-rata. An application for leave must be made in writing. LWOP in excess of one week will not be included as part of the employees period of service. Check the award and EBA as to actual entitlements in particular services.

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Maternity Leave

Employees with twelve months continuous service before the birth of their child are entitled to 12 weeks paid leave and up to 52 weeks unpaid leave. Paid leave can be taken up to six weeks before the birth if weekly medical certificates are provided. Check the EBA as to actual entitlements in particular services.

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Paternity Leave

Fathers can apply for up to three months unpaid paternity leave. This is non-cumulative. The total maternity plus paternity leave cannot exceed 52 weeks. Check the award and  EBA as to actual entitlements in particular services.

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Sick Leave

All staff are entitled to 0.83 days per month after two months service or a total of 10 days per annum for the first year of employment. In subsequent years staff are entitled to 15 days sick leave for each 12 months completed. Sick leave entitlements are accumulative. When absent due to sickness, staff must contact their supervisor or the administrator before 10 am the same day and each day thereafter if not at work. A medical certificate is required for sick leave of more than three consecutive days. Check the award and  EBA as to actual entitlements in particular services.

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Special Compassionate Leave

Employees may apply for special paid leave for up to day days, and unpaid leave for up to five days in any twelve-month period. Special leave applies for compulsory community service, traditional commitments/obligations (eg land claims) or travelling to a funeral. Check the award and  EBA as to actual entitlements in particular services.

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Study Leave

A maximum of 10 working days per annum paid study leave will be granted provided the study undertaken is relevant to the organisation and courses of study meet the health board’s approval. The timing of study leave must be negotiated with the health team. Travel, accommodation and study fees may be met, subject to board approval. Study leave is non-cumulative, and no additional costs will be borne by the board. A minimum of 14 days notice in writing of intent to attend a training activity is required. The employee must provide evidence of the study along with receipts for approved expenses for reimbursement. Check the award and EBA as to actual entitlements in particular services.

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Job Descriptions

All staff (paid and unpaid) should have a job description that specifies their roles and responsibilities.

Job descriptions should be reviewed and updated when a staff member leaves and/or every two years to ensure that they are appropriate. Updated copies of job descriptions should be maintained.

Each staff member should be given a copy of their job description before starting employment and whenever their job description is changed. (See Pro forma)

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Staff Appraisals

Staff are expected to perform their duties to the best of their ability and to show a high level of personal commitment to providing a quality, professional service at all times.

Performance appraisals linked with any salary increments will be organised annually by the administrator for all paid staff. The administrator and a senior staff member working with the person being appraised will conduct the appraisal. A designated senior staff member will carry out the administrator’s appraisal, with assistance from a nominated member of the health board. Performance appraisals are based on job descriptions and agreed work plans. The aims are:

• to allow free and confidential discussions about work between employee and supervisor
• to discuss the employee’s job performance, in comparison with set standards
• to discuss any work problems and search for a solution
• to discuss means of improving work performance, including identification of training and development needs.
• to review attendance, and any other performance issues.

Procedure

The person conducting the performance appraisal should:

• review the employee’s history and the job requirements
• review the goals and objectives or job expectations previously agreed to with the employee
• give the employee a copy of the performance appraisal sheet to complete before the session and arrange a time
• use the appraisal form to assess the employee’s job performance against the expectations of the position using all sources of information available; rate each area or duty
• note performance issues that need to be discussed – include strengths, weaknesses and opportunities for development; provide specific examples, especially where performance is well or poorly rated
• meet with the employee and be open and honest
• write up the performance appraisal, including all issues covered, actions to be taken, time lines, employee comments and recommendations.

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Dress

Most health services expect employees to wear clean and neat clothes and suitable footwear both in the workplace as well as in the public arena. Very short skirts or bike/stretch shorts, sports shorts, revealing tops and singlets are not appropriate. Footwear involves occupational health and safety and closed footwear (ie no thongs or sandals) is generally required as part of foot protection.

How you dress may be seen in the eyes of some members of the local community as a reflection of your respect for them.

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Personnel Records

Employees are entitled to see their file at any suitable time to be arranged with the administrator.

The following records should be kept for seven years:

• a signed contract or agreement of employment
• job application
• record of job interviews
• any correspondence
• job description
• details of next of kin and person to contact in emergency
• a completed employee record card
• a copy of a current Practising Certificate
• a copy of a current driver’s licence
• tax records
• superannuation records
• records of leave
• records on performance appraisals
• records of performance dispute procedures and grievances
• any other relevant information.

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Practising Certificates

AHWs, nurses and doctors must have registration with the relevant registration boards in the NT. The individual is responsible for renewing this certificate and providing a copy to the service that is filed in the employees personnel file. Expiry dates are as follows:

• Nursing Practising Certificate fees – 1st July
• AHW Practising Certificates – 31st December
• Medical Practising Certificates – 30th September.

In cross boarder areas it may be necessary for health professionals to also hold registration in SA, WA and/or Queensland.

The administrator should maintain a system of checking that professional staff have renewed their registration each year.

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Staff Whereabouts

Staff should always inform others where they are going and when they will be back. This is especially important in when staff are travelling out bush for whatever reason.

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Travel Allowance (TA)

1. Staff and health board members who travel for official health service business are generally entitled to travel allowance (TA), which covers meals, accommodation and incidental expenses.
2. A TA schedule is usually followed based on either NT or Commonwealth public service rates. Check which schedule the health service follows. The schedule covers:
• Day trips – meal allowance only.
• Bush Overnight trips – camping allowance – meal allowance at a level depending whether or not a cook is provided. The employer is expected to provide adequate camping equipment.
3. Town/ City Overnight – meal allowance, accommodation, and incidental expenses.
4. The administrator will be responsible for calculating and paying all travel allowances.

Usually the health service will organise and pay for any public transport travel required, including air travel, bus or train. For road travel the service may provide a health service vehicle, organise a hire vehicle or approve the staff member to use his/her own vehicle. If the health service does not organise a motor vehicle and approves the staff member to use his/her own, an amount is paid per kilometre depending on the engine capacity of the vehicle. A clear record of the kilometres travelled should be kept and presented to the administrator at the conclusion of the trip. Check with the ATO or your accountant for current rates.

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Accommodation

Staff

Accommodation is provided to staff recruited from outside the rural/remote community in which they must be resident to do their work. This generally does not apply to larger towns. The provision of accommodation in these communities is usually rent-free, and is exempt from Fringe Benefits Tax.

Arrangements regarding the costs of electricity, gas, water and telephone should be made clear at the start of employment and included in contractual arrangements. The health service is responsible for maintenance of the building and appliances, but the occupants are responsible for cleaning and bringing any repairs to the notice of the administrator. Houses are usually furnished with basic furniture, fridge, stove, washing machine, air conditioner and basic kitchenware. Pets are usually allowed. However, staff should be sensitive to the appropriateness of some pets (eg cats) and the damage they may cause to native fauna in a bush environment.

Carry out a joint inspection of the premises at the start of employment and document any damage, and list the contents for both parties to sign. Before that staff member departs, a final inspection is again done jointly where any new damage or loss of contents can be determined and the value deducted from the employee’s final payout. Reasonable wear and tear is not the responsibility of the staff member.

It is usually expected that when a staff member is on leave their accommodation will be made available to the locum or relief staff replacing them. This should be made clear in the contractual arrangements at the start of employment.

In some health services, it is expected that, because of lack of accommodation options in the community, health service visitors will be accommodated with existing health service staff. Arrangements about this should be made clear at the beginning of the employment period, and negotiated with health service staff at each occasion this need arises. Visitors may include AHWs attending training sessions, special health teams (eg Alukura), allied health professionals, medical specialists, students, researchers and consultants.

Visitors who are the personal friends or family of health service staff are the responsibility of that staff member who must provide for their accommodation needs.

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Visitor Accommodation

Some health services have specific accommodation available for official health service visitors. This accommodation is usually the responsibility of the clinic. It should be made clear when visits are being arranged what daily charge (if any) is made to use this accommodation. It is expected that those using the accommodation will keep it clean and tidy.

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Staff Development, Education and Training

Staff education and training support is a fundamental aspect of support to comprehensive PHC. Health services have an obligation to support and provide opportunities for staff development and further training that are relevant, appropriate and beneficial to the work of the organisation. Continuing staff education is critical to maintaining high standards of health service delivery. Staff development, education and training are part of the performance appraisal process.

Small rural/remote health services are not able to fulfil all staff development and training requirements on their own. Thus they depend on agencies at a regional level and above to deliver appropriate training to their staff. Such agencies specifically focused on non-accredited training needs in the primary health care sector include NTDHCS (nurses and AHWs), CARHDS (mainly nurses and AHWs), Divisions of General Practice (doctors) and CARPA through its newsletter and conferences. The health service must allow staff to access these programs in a way that does not disrupt service delivery in the community. It is usual for clinical staff to work this out amongst themselves.

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Training Requirements

Staff training needs should be discussed with the administrator on recruitment, at the annual staff performance appraisal and at staff meetings. These needs may be through:

• the provision of a staff orientation kit
• use of this Policy and Procedures manual
• referral to an external training course
• the provision of ‘in-house’ training sessions or on the job training
• workshops
• informative meetings
• conferences.

Staff training will ensure that all staff receive:

• induction training through an orientation session; this will cover the staff orientation kit and the content and use of this Policy and Procedures manual
• training related to the clinical needs of the client group
• training in first aid
• training on occupational health and safety issues and in the use of equipment
• training regarding the legal responsibilities associated with their work.

The administrator should keep a record of all training activities that a staff member has participated in and keep that record in the staff member’s personnel file.

The development of a library resource in the health service (books, journals, videos, audio-tapes) is useful to facilitate access to up-to-date job information. Internet access can also be useful.

When staff attend training activities outside the community, they should provide a report on their return about that activity, including any implications for clinical practice.

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Conferences

Staff wishing to attend conferences should:

• Submit a proposal that includes details of the conference, cost to be borne by the health service and the conference’s relevance to the health service.
• If a paper is to be submitted about any aspect of the health service or the local community, the health board must first approve the content.
• Negotiate with health service staff the continuity of work responsibilities during the absence.
• On return, the staff member should present a report on the conference to the health service.

Health service staff are entitled to ten working days study leave, and staff may use this leave to attend a conference on full pay. Where other agencies provide financial support to staff for training, this should be used first. For example, the GPPHCNT provides specific financial support to enable doctors to access ongoing medical education.

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Internal Training Opportunities

Health services should encourage staff to organise and participate in weekly clinical training sessions. This may involve discussing particular cases, a staff member presenting an overview of the diagnosis and management of a particular medical condition, presenting details of a public health program being developed in the health service etc.

It may be useful for a particular staff member to track external training activities and identify those most relevant to the staff.

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First Aid Training

All staff should maintain their skills in First Aid. They should have a First Aid Certificate. AHWs must complete this within the first six months of employment. All staff should attend refresher courses every two years.

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Grievances

Personal Problems and Conflicts Between Staff Members

Personal conflicts amongst staff in small health services do occur and can have a devastating impact on staff relationships generally, and negatively affect the quality of the service provided. It is also possible for divisions in the community to develop if the conflict is not managed adequately.

The earlier steps are taken to manage such conflicts the more likely they are to have their impact contained. The idea that people will sort it out themselves leads to inaction and often a worsening of the situation. However, tactful management is essential. There are always two sides to a story, and rarely is all the blame on one side.

The administrator should oversee the management of the problem, unless s/he is involved in the conflict, or feels compromised in other ways. In that case, another senior staff member should take responsibility. It is important that this person reflects on their insecurities, and approaches the problem in a low-key way so as not to inflame the situation. The staff involved in the conflict also have a responsibility to back off and try and find a way through the conflict. An employee has the right for a grievance to be heard, and can request that the grievance procedure be invoked. However, the following steps are recommended early in the process before formal grievance procedures begin.

Step 1.

The staff involved in the conflict should be encouraged to determine a time and place where they can discuss their differences and attempt an agreement.

Step 2.

If this fails, the administrator, or senior staff member should counsel each party with the objective of understanding the parameters of the problem, and encouraging a mediated discussion between the staff involved. Where the dispute involves an issue that is already the subject of a health service policy, that policy should be provided to both staff members as a way of their reviewing their position. It should be kept in mind that many conflicts are also about insecurities related to remote area work, and not always primarily about the stated parameters of the dispute.

Step 3.

If this fails, a grievance procedure should begin.

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Grievance Procedure

If the co-operative working relationship between one staff member and another has broken down then a grievance exists. Staff cannot harass fellow employees and will be the subject of a grievance process if they behave in this way. An employee has the right for a grievance to be heard. It is the objective of this procedure to ensure that grievances are resolved by negotiation and discussion between the parties.

Grievance procedures can only take place after written notification to the staff member concerned. A fair and confidential process is followed.

Step 1.

Write to the staff member(s) involved notifying them of the grievance procedure, explaining specifically what the problem is, and what is expected from the employee.

Step 2.

If the problems remain unresolved, the administrator should organise a mediated meeting between the staff concerned and attempt to reach an agreement on how the dispute can be managed.

Step 3.

If the employee still feels aggrieved, then the matter shall be referred to the health board

The employee may have a union representative, or another advocate of their choice present during these processes. The administrator should document the process and file copies in the relevant staff personnel files.

External mediation and counselling, if appropriate, can be organised through:

• Employee Assistance Service
• Congress, Wurli Wurlinjang and Danila Dilba Social and Emotional Wellbeing Programs
• CRANA – Bush Crisis Line

Staff cannot be forced to attend external counselling. However, they have an obligation to participate in internal personnel counselling and in other internal attempts to reach resolution.

Further advice regarding grievances.

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Disciplinary Procedures

Performance Dispute Procedure

It is in everybody’s interest when a grievance exists that a fair and confidential process, including negotiation and discussion between the parties, is followed. Also it is a right of both employee and employer to have a grievance heard. Disciplinary procedures include a staged process of counselling, warnings and termination.

In the case of a complaint or performance grievance against an employee involving a specific incident that does not warrant immediate dismissal, the employer must implement the proceedings within seven days of the incident. Throughout the process the worker is entitled to have a representative of the union or other person of their choice attend the discussion. It is important to remember that if an employee is paid under an award, the grievance and disciplinary procedures outlined in the award override this procedure.

Step 1. First (Verbal) Warning

• An employee is told as soon as possible of any complaint concerning their work performance.

• Complaints must be specific and relate to the job being done as outlined in the job description, not just “s/he can’t get along with us”.
• The administrator and employee should discuss the complaint, and the administrator should outline how the worker must improve their performance; the employee will be provided with an opportunity to discuss the complaint.
• Any assistance needed by the employee to improve their performance will be identified and provided where possible.
• The employee is entitled to have a representative of the union or any other advocate attend this discussion.
• A review plan of the employee’s performance can be set if required.
• The administrator should keep a record of these proceedings in the employee’s personnel file.

If this resolves the dispute there is no need to proceed further.

Step 2. First Written Warning

• If up to the time of the review set in Step 1, the problem continues or occurs again there will be further discussion with the employee; this will include the employee, a representative of their choice (eg union), the president or other member of the health board.
• The complaint against the employee and plans for improvement will be put in writing and a copy given to the employee clearly stating that a lack of improvement by a given date will result in a final written warning. A copy is filed in the employee’s personnel file.
• The matter should be discussed at a properly constituted meeting of the health board; the employee should attend; s/he has the right of reply and should be able to discuss the complaints made against them; the employee is entitled to be represented by their union or other representative of their choice at this meeting.
• The aim of the meeting is to resolve the dispute but if this is not possible the two parties should negotiate how the situation may be improved. For example, both the employee and the board might undertake to do certain things or change certain things within a trial period; a date for a review can be set to take place after this trial period

After this, the dispute may be resolved and there may be no need to proceed further.

Step 3: Final Written Warning

• If at the review date set in Step 2 the problem still persists and the employee’s performance has not improved, there will be further discussion with the employee. It should be discussed at the next health board meeting and the employee should be given notice to attend; again they have the right of reply and can discuss the situation. The employee is entitled to have a union representatives or other representative of their choice attend the meeting.
• The complaint against the employee should be discussed and plans for improvement will be recorded in the “final written warning”; the two parties need to negotiate what this action might be and the worker will be given a copy clearly stating that a lack of improvement by a given date will result in termination of employment. A copy is filed in the employee’s personnel file.
• A date for a review can be set to take place after this trial period

If this resolves the dispute there is no need for further action.

Step 4: Termination of Employment

If the problem still persists after the date set in the final written warning, the employer may terminate the employment of the employee. The health board should discuss the situation and make a decision as to the employment of the worker. The dismissal must be by a majority vote of the health board.

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Other Staff: Locums and Consultants

Locum Relief Staff

Locums and relief staff should be employed when permanent staff are on leave for more than five days so that health services are maintained, provided that funds are available for this purpose. Locum accommodation and travel expenses must be provided.

Locum staff have an employment contract based on the length of the work period. If the locum is employed as a casual employee they receive 20-25% loading on salary in lieu of paid leave (including sick leave), entitlements and district allowance. Check the award and enterprise bargaining agreement as to actual requirements in particular services

Recruiting locums can be difficult. Professional recruitment agencies may be able to help, but are quite expensive. For medical locums, the GPPHCNT can assist – contact them first and early.

Recruitment Procedure

• Leave application forms need to be submitted as soon as possible to allow time for locum recruitment – four weeks notice is required, however, employing locums can take longer and three months is recommended.
• The administrator co-ordinates employment of locums.
• There must be discussion and negotiation with all staff before and after a locum is employed, to ensure accommodation arrangements, travel arrangements and work delegation have been organised.
• Locum staff with some expertise in Aboriginal health and accident and emergency are preferable. If a midwife is taking leave, a female locum nurse should ideally have midwifery qualifications – if this is not possible, the clinic needs to review potential births and make alternate plans.
• Check qualifications and registration with relevant registration board.
• Locum staff should receive appropriate orientation, which involves:
• talking to the locum over the phone to give an idea of requirements and
• sending the locum the Orientation Information Package prior to the period of work.
• It is preferable that locum staff arrive before the staff member takes leave to enable a handover.
• The administrator should seek feedback from clinic staff about the locum’s suitability for re-employment.

When the locum arrives, assist him/her to find their way around the community, show them the clinic and their accommodation and introduce them to all staff and members of the health board.

Locums must:

• adhere to the employees code of conduct  
• follow all policies and procedures of the health service
• follow the CARPA Standard Treatment, Alukura/Nganampa Minymaku Kutju Tjukurpa Women’s Business Manuals and other protocols used by the service
• carry out all delegated duties
• not change current systems, eg pharmacy and imprest systems, outstation/homeland visit routine, immunisation lists, without discussion with and agreement of permanent staff
• pay for all personal expenses such as personal travel, food and telephone.

Check list for handovers

• introduction to health board members and staff
• delegation of duties
• hours of work and after hours arrangements
• outstation/homeland visits
• instruction on how to use computerised medical records
• telecommunication system
• any special advice regarding particular clients and their treatment
• client referral and evacuation arrangements.

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Consultants

Consultants can be used to help review the health service programs or activity, provide particular services, such as health board training, or be engaged to develop a particular resource, such as a policy and procedure manual.

For consultancies worth less than $5,000, OATSIH does not require a tendering process. For consultancies worth more than $5,000 a tendering process should be followed and at least three quotes obtained.

Before beginning the process, the administrator should identify where the funds are coming from, and, if necessary, gain approval from the supplier of the funds to use them for the consultancy if that is not already allowed for in the funding agreement.

Consultants should be contracted for the provision of specific services and products for a set payment. It is usual to specify a date(s) for the delivery of the product, and a timetable of payments linked to satisfactory progress of the work. It is common for a schedule of payments to include a payment up front (say 20%), with another payment halfway through the project (say 30%), a payment on delivery of the product (say 30%) and the final payment when the health board is satisfied with the product (say 20%). The actual details need to be negotiated with the consultant, but payments should not be made without evidence that stated progress has been achieved.

It is usual for the service to have ownership of the product, not the consultant. This should be included in the contract with the consultant, and it may be necessary to also include specific details about ownership of community and cultural information, and limiting the consultant’s right to use information collected in the course of the project in any other way (including publications) without the health board’s specific consent.

Consultants are not in an employer/employee relationship. All expectations of the consultants must be included in their consultant contract as they are only required to fulfil those requirements.

Consultants normally provide their own workplace and equipment. However, it is common for rural and remote services to provide some office space, computer access and other support whilst the consultant is actually present in the community. What is offered in this regard should be clearly stated in the contract. Otherwise, consultants are responsible for the provision of:

• tools and equipment
• their own insurance, workers compensation and superannuation.

Consultants have a responsibility to:

• Repair any defects in their own work, including editing written work to satisfy the standard specified in the contract.
• Manage their own risks, eg accident, damage, legal liabilities and illness.

Consultants work differently to employees in that they:

• work to their own program
• may work for numerous people or organisations at any one time
• are not paid annual leave, sick leave, or long service leave
• can be dismissed for failure to carry out their contractual obligations
• may employ other people to carry out tasks but need to include this in their tender.

Consultants are required to provide the health service with an Australian Business Number (ABN) in order to receive their full fees without tax being deducted. If an ABN is not provided the service must withhold 48.5% of the fees and forward them to the ATO. This is done in conjunction with the BAS, which has a section for documenting funds withheld in this way.

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Termination of Employment

Resignation

Termination of employment may occur as a result of the employee resigning from the position. Resignation should be in writing, and filed in the personnel file. Normally two weeks notice should be given, except for professional staff where from 1-3 months’ notice should be given to enable replacement. Check the award and enterprise bargaining agreement (EBA) as to actual requirements in particular services.

Commonly where the employee has been employed:

• less than 1 year full-time continuous service, 1 week’s notice must be given
• 1 to 3 years, 2 weeks’ notice must be given
• 3–5 years, 3 weeks’ notice must be given
• 5 years or more, 4 weeks’ notice must be given.

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Abandonment of Employment

If the employee abandons their employment without notice, pay representative of the above notice periods can be deducted from termination pay entitlements.

Redundancy

Redundancy may occur if the position ceases because of funding cuts or organisational restructuring. It is usual for a redundancy payment of a size determined by the length of employment of the employee to be paid. Check the award and EBA as to actual entitlements in particular services.

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Summary or Instant Dismissal

Termination of employment through dismissal should only occur after a performance dispute procedure has been followed with an unsatisfactory result (see above).

Reasons for dismissal can include:

• recurring neglect of duty or negligence
• malingering – pretending to be sick in order to work in another job
• gross misbehaviour likely to endanger other employees or consumers, destroy property of the service, sabotage or interfere with the fulfilment of the organisations objectives (excluding legal industrial action or union activity)
• dishonesty – theft of the service’s property or money
• falsification of organisation records for personal gain or on behalf of any other employee
• persistent disobedience – failure to follow fair and reasonable instructions of the employer
• intoxication through alcohol or other substances during working hours or whilst in charge of a health service vehicle
• fighting, insubordination or abuse in extreme situations
• recurrent/habitual absenteeism or lateness for work
• committing a criminal offence outside the workplace (proven or charged), which the employer reasonably believes could also occur in the workplace
• blatant breach of confidentiality agreement.

It is illegal to dismiss on the following grounds of discrimination - temporary absence from work because of illness or injury, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, non membership of a trade union, national extraction or social origin.

If instant dismissal is warranted, but the incident is under investigation, it may be necessary to suspend the employee whilst the investigation continues. Normal salary must be paid until this is resolved.

Whilst instant dismissal is now possible under WorkChoices legislation for organisations employing less than 100 people it should be used with great caution. It should only be used for extreme situations and in many cases in the list above, it may be more judicious to follow the Performance Dispute Procedure. In all cases, conduct a discussion with the employee about the incident before action is taken. Get advice from other agencies, and the relevant union, before taking extreme action. Failure to follow appropriate procedures, or to use extreme remedies inappropriately has cost some health services a great deal of time and funds when court challenges have occurred and the health service has lost. Check relevant award and  EBA about specific conditions or procedures that may apply to the health service.

Always keep accurate notes about incidents, consequent discussion with employees, any directives given and action taken on the employee’s personnel file. If the health service does terminate or suspend a health practitioner's employment because of alleged or actual misconduct or incompetence to practise, the health service must provide a written report of the cirumstance to the relevant registration board and to the health practitioner.

If an employee is instantly dismissed, the employer may or may not have to pay the employee their salary for designated notice of termination periods depending on the details of the award and EBA.

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Other Dismissals

Other dismissal should only follow the performance dispute procedure described above. Termination of employment is only enacted after a series of counselling sessions and formal warnings.

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Employee Appeals

An appeal against dismissal can be made to the health board. If the next meeting of the health board is not due to be held within 10 working days, a special meeting should be requested. An appeal against dismissal of the employee can be upheld by a majority vote of health board members. If the dismissal of the employee is overturned, full pay for the period of dismissal and all entitlements shall be restored.

If the employee is aggrieved by the decision, they may take the case to hearing in the Industrial Court where damages can be awarded against the employer if it is judged that the dismissal was unfair. Following proper procedure can prevent such an adverse outcome.

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Termination Procedure

Check the award and agreement as to actual requirements in particular services.

Many services provide relocation support to employees after 12 months’ equivalent full-time service. This may include transport of personal belongings and one-way economy airfares back to the nearest capital city to place of recruitment.

Termination pay includes all pay for work performed, any annual leave and leave loading accrued, and long service leave accrued if their continuous equivalent full-time work exceeds seven years.

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Exit Procedure

When an employee leaves the health service the following procedure should be followed:

• Arrange an exit or termination interview - see below
• prepare the employee's termination payment     
• calculate ordinary wages due or wages in lieu of notice
• calculate annual leave due to the date of termination – this is paid at the employee’s current rate of pay
• calculate leave loading (17%) in accordance with the employment contract
• check if the employee is entitled to long service leave payments
• check if any allowances are owing (eg travel, meals)
• deduct any monies owing to the health service
• prepare a written statement showing the detailed calculation of all monies to be paid to the employee.
• Make sure there is a letter of resignation from the employee if they resigned, or a letter of termination from the health board if they were dismissed. Copies of these letters should be kept on the employee’s personnel file.
• If requested, prepare a written statement of employment detailing the period of employment and type of work performed.
• If requested, prepare a reference.
• If appropriate, complete a Department of Social Security Employment Separation Certificate and give it to the employee.
• Ensure that any property belonging to health service is returned, including keys, files and equipment.

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Exit Interview

ACCHOs are concerned with empowering Aboriginal people in the workplaces and as clients of services. To help make improvements in the management and delivery of PHC it is useful for the health service to be able to constantly consider ways of providing the best possible environment for people who access the services, and for those who work and manage the organisation. It also provides useful feedback about the health service for use in planning and evaluation. The exit interview is offered to every employee before they leave the organisation, and, if necessary, is to be filled in with the help of a person with whom the employee feels at ease. Confidentiality applies.

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