PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 4 Meaning of improper conduct
PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 4
Meaning of improper conduct(1) For the purposes of this Act, "improper conduct" means—
(a) corrupt conduct; or
(b) conduct specified in subsection (2) that is not corrupt conduct but that, if proved, would constitute—
(i) a criminal offence; or
(ii) reasonable grounds for dismissing or dispensing with, or otherwise terminating, the services of the officer who was, or is, engaged in that conduct.
(2) For the purposes of subsection (1)(b), specified conduct is conduct—
(a) of any person that adversely affects the honest performance by a public officer or public body of his or her or its functions as a public officer or public body; or
(b) of a public officer or public body that constitutes or involves the dishonest performance of his or her or its functions as a public officer or public body; or
(c) of a public officer or public body that constitutes or involves knowingly or recklessly breaching public trust; or
(d) of a public officer or public body that involves the misuse of information or material acquired in the course of the performance of his or her or its functions as a public officer or public body, whether or not for the benefit of the public officer or public body or any other person; or
(e) that could constitute a conspiracy or an attempt to engage in any conduct referred to in paragraph (a), (b), (c) or (d); or
(f) of a public officer or public body in his or her capacity as a public officer or its capacity as a public body that—
(i) involves substantial mismanagement of public resources; or
(ii) involves substantial risk to public health or safety; or
(iii) involves substantial risk to the environment.
(3) This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002 .