Application of an employment limitation
Initial decisions regarding the imposition of employment limitations are made by the Executive Director, Conduct and Integrity Division (CID), or the directors within CID (CID executives) at their discretion. The terms of any employment limitation will be proportionate to the conduct which is the subject of the allegation, investigation, finding or child safety risk.
A non-exhaustive list of situations in which an ongoing employment limitation may be applied are set out below.
1. Following a misconduct or unsatisfactory performance disciplinary process
Where an investigation carried out in accordance with the relevant guidelines for managing Complaints, Misconduct and Unsatisfactory Performance has found a complaint or an allegation of misconduct or unsatisfactory performance to have been substantiated and/or the person’s employment with the department has come to an end. For more information, refer to:
- the department’s Managing Conduct and Unsatisfactory Performance in the Teaching Service policy
- Guidelines for Managing Complaints, Misconduct and Unsatisfactory Performance in the VPS
- Managing Conduct and Unsatisfactory Performance in Early Learning Victoria centres (coming soon).
2. Expiry of a period of fixed term employment or probationary period during the course of an investigation
When a person’s period of fixed-term employment or probationary period with the department expires during the course of an investigation into alleged misconduct or unsatisfactory performance, and there remain unresolved issues with that person’s conduct or performance, an employment limitation may be applied.
In making the decision as to whether an employment limitation will be applied or maintained in these circumstances, the following factors will be considered:
- the circumstances and context of the issue of concern
- any response to the allegations provided by the former employee
- the credibility of the evidence obtained or provided.
3. Resignation during the course of an investigation
If an employee resigns during the course of an investigation and where, due to the timing of their resignation, there are unresolved issues about their performance or conduct, an employment limitation may be applied.
This is to ensure that a person cannot circumvent a disciplinary or complaints process by resigning in order to avoid an adverse finding and later be re-employed without proper consideration of the circumstances of the resignation.
In making the decision as to whether an employment limitation will be applied or maintained in these circumstances, the following factors will be considered:
- the circumstances and context of the issue of concern
- any response to the allegations provided by the former employee
- the credibility of the evidence obtained or provided.
4. Conduct by a person who is not a current employee, which would warrant commencement of an investigation if they were a current employee
An employment limitation may be imposed if the department becomes aware of allegations or findings that a non-employee has engaged in conduct that, if they were employed, would constitute a ground for an investigation into:
- improper conduct (as defined in the Public Interest Disclosure Act 2012 )
- corrupt conduct (as defined in the Independent Broad-based Anti-corruption Commission Act 2011 )
- reportable conduct under the Child Wellbeing and Safety Act 2005
- other child safety allegations that would make them unsuitable for employment.
5. Application of an employment limitation on medical grounds
If an employee:
- of the teaching service resigns or retires following a period of long-term sick leave, or their employment is terminated due to physical or mental incapacity pursuant to Part 2.4 Division 8 of the ETR Act, an employment limitation may be applied
- of ELV resigns or retires following a period of long-term sick leave an employment limitation may be imposed.
These are not disciplinary measures but are to ensure that medical evidence is obtained to confirm that the person is fit for duty before they are re-employed.
In these circumstances, clauses 6.2.10 of Ministerial Order 1388 and Ministerial Order 1389 will apply for the teaching service and clause 5.2.9 of Ministerial Order 1454 for ELV, and the person seeking re-employment will not be permitted to return to duty until a medical practitioner, approved by the Secretary, has certified that he or she is fit to resume work. The person seeking re-employment will be responsible for the cost of the medical examination.
A non-exhaustive list of some situations in which an interim employment limitation may be applied are:
Allegations of reportable conduct have been notified by the department to the Commission for Children and Young People and an investigation is underway or due to commence.
In this situation, allegations have been made but they have not yet been substantiated. An interim limitation is reasonably required to prevent the relevant person working with children whilst the child safety allegations are being investigated.
Child safety or other serious allegations have been raised and further information is being sought to determine whether an investigation is required.
An interim limitation is reasonably required to prevent the relevant person working with children whilst further information is gathered and/or whilst the allegations are investigated.
Reviewed 11 June 2025