About minor misconduct

Minor misconduct, as defined in the Corruption, Crime and Misconduct Act 2003 (CCM Act) is actually not that minor. To meet the definition, the misconduct should be so significant that it could reasonably lead to termination of a public officer’s employment if proved.

However, misconduct matters that do not meet that threshold still need to be dealt with. Conduct matters that are not misconduct under the CCM Act definition are appropriately managed by the employing authority under relevant discipline, grievance or performance management policies.

Minor misconduct defined

Section 4(d) of the CCM Act defines minor misconduct.

Minor misconduct occurs if a public officer engages in conduct that:

  1. adversely affects, or could adversely affect, directly or indirectly, the honest or impartial performance of the functions of a public authority or public officer, whether or not the public officer was acting in their public officer capacity at the time of engaging in the conduct; or
  2. constitutes or involves the performance of his or her functions in a manner that is not honest or impartial; or
  3. constitutes or involves a breach of trust placed in the public officer by reason of his or her office or employment as a public officer, or
  4. involves the misuse of information or material that the public officer has acquired in connection with his or her functions as a public officer, whether the misuse is for the benefit of the public officer or the benefit or detriment of another person

and constitutes, or could constitute -

  1. a disciplinary offence providing reasonable grounds for the termination of a person’s office or employment as a public service officer under the Public Sector Management Act 1994 (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct).

Page last updated 28 September 2018