25.1.5 Is counselling disciplinary action?
Whether counselling is disciplinary action will depend very much on the facts of the c — ase and the formal disciplinary framework applicable to the member.
In most cases, informal counselling, or warning counselling putting a member on notice to improve performance, would not be disciplinary action, but rather would be a step preceding disc — iplinary action.
Note, however, that in the case example given below at Section 25.1.7 the AAT decided on the facts of that case, that a 'performance review interview' was disciplinary action. Furthermore, where co — unselling is an integral part of the continuum of disciplinary action, or is a 'punishment' option specified in the relevant regulations, it may be appropriately described as 'disciplinary action'.
Ultimately this is a matter of judgment for the Delegate after fully considering the facts of the case and the disciplinary code or regulations applicable to the member.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2515-counselling-disciplinary-action