Case Note: Procedural Fairness and Access to Documentation in Disciplinary Processes
The Queensland Industrial Relations Commission (QIRC) decision in Williams v State of Queensland (Queensland Health) [2025] QIRC 228 highlights the critical importance of ensuring employees have access to relevant documentation when facing a disciplinary process.
Background
Ms Williams, a Clinical Midwife at Kingaroy Hospital, was accused of improperly accessing patient records through Queensland Health’s clinical information system, The Viewer. Following an audit, the employer alleged she accessed records of patients to whom she was not providing care. A show cause notice was issued, and the matter proceeded to a disciplinary finding of misconduct.
Ms Williams appealed to the QIRC, arguing the decision was unfair and unreasonable.
The Commission’s Findings
Industrial Commissioner O’Neill found that the process leading to the disciplinary finding was procedurally flawed and therefore not fair or reasonable. Key points included:
1. Lack of access to records:
Ms Williams was provided only with audit log details (dates, times, and patient numbers) but not the underlying patient records. She was not informed she could request access to those records to prepare her response. This left her “with an impossible task” of defending herself without context for why she accessed the files.
2. Insufficient particulars in the show cause notice:
The allegations were broadly framed. While the later disciplinary decision included detailed particulars (such as specific screens viewed and duration of access), this level of detail was absent from the original notice. The Commission found the lack of particularisation compounded the unfairness.
3. Failure to test evidence:
The decision-maker relied on a “desktop review” of electronic systems (HBCIS and EDIS) but did not consider whether paper-based records at the rural hospital might explain Ms Williams’ actions.
4. Disputed factual assumptions:
A key issue concerned whether discharge summaries were routinely sent to Kingaroy Hospital when maternity patients birthed elsewhere. The employer assumed they were; Ms Williams argued they often were not, justifying her need to check records. The Commission noted this was a factual dispute that required further investigation.
Outcome
The QIRC set aside the disciplinary finding and returned the matter to the decision-maker for reconsideration, with directions to take into account Ms Williams’ further submissions and to properly address the fairness issues.
Key Takeaways for Employers
1. Provide full particulars:
Allegations must be detailed enough to allow employees to understand and respond to the case against them.
2. Ensure access to evidence:
Employees must be given access to relevant documentation, including patient records where appropriate, subject to confidentiality safeguards.
3. Avoid assumptions:
Findings should not be based on untested assumptions about systems or processes; evidence must be tested and alternatives considered.
4. Fairness is paramount:
Procedural fairness is not a formality. A flawed process, even if misconduct may have occurred, risks the decision being overturned.
Ensuring Fairness in Practice
This decision reinforces that in disciplinary matters, particularly involving allegations of misconduct, employers must do more than rely on audit data or assumptions. Providing employees with meaningful access to documentation and full particulars is essential to upholding natural justice and ensuring that any disciplinary outcome can withstand review.
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