Public Sector Employment & Management Act 2002 - Part 43 Meaning of “misconduct” (1988 Act, s 66)
- Category: Legislation and Acts
- Created: Friday, 19 March 2010 12:24
- Written by Alecomm
(1) For the purposes of this Part, "misconduct" includes, but is not limited to, any of the following:
(a) a contravention of any provision of this Act or the regulations,
(b) performance of duties in such a manner as to justify the taking of disciplinary action,
(c) taking any detrimental action (within the meaning of the Protected Disclosures Act 1994) against a person that is substantially in reprisal for the person making a protected disclosure within the meaning of that Act,
(d) taking any action against another officer that is substantially in reprisal for an internal disclosure made by that officer.
(2) For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened:
(a) while the officer concerned was not on duty, or
(b) before the officer was appointed to his or her position.
(3) In this section, "internal disclosure" means a disclosure made by an office rregarding the alleged misconduct of another officer belonging to the same Department as that to which the officer belongs.
Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/pseama2002379/s43.html