PUBLIC SECTOR MANAGEMENT REGULATIONS 1995 - REG 15

This legislation has been repealed.

PUBLIC SECTOR MANAGEMENT REGULATIONS 1995 - REG 15

15—Rules of employee conduct (section 57)—disclosure of information

        (1)         For the purposes of section 57(g) of the Act, an employee may disclose information gained in the employee's official capacity, or comment on matters affecting the Public Service or the business of the Public Service if the disclosure or comment—

            (a)         is required as part of the employee's official duties; or

            (b)         is required or authorised under the Freedom of Information Act 1991 or the Whistleblowers Protection Act 1993 or is otherwise required by law; or

            (c)         is made with the permission of the Chief Executive of the administrative unit in which the employee is employed; or

            (d)         —

                  (i)         does not give rise to any reasonably foreseeable possibility of prejudice to the Government in the conduct of its policies, having regard to the nature of the disclosure or comment, the employee's current position or previous positions in the Public Service and the circumstances in which the disclosure or comment is made; and

                  (ii)         is not made with a view to securing a pecuniary or other advantage for the employee or any other person; and

                  (iii)         does not involve—

                        (A)         any disclosure of information contrary to any law or lawful instruction or direction; or

                        (B)         any disclosure of trade secrets or information of commercial value the disclosure of which would diminish its value or unfairly advantage a person in commercial dealings with the Government; or

                        (C)         any disclosure of information in breach of intellectual property rights.

        (2)         Subregulation (1)(c) and (d) apply whether the disclosure or comment is made in an official or private capacity.

        (3)         For the purposes of section 57(g) of the Act, an employee may comment on matters affecting the Public Service or the business of the Public Service if the comment is made in the employee's capacity as a member of the governing body of a recognised organisation.