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25.1.5 Is counselling disciplinary action?


Whether counselling is disciplinary action will depend very much on the facts of the case 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 disciplinary 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 counselling 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.