Integrity Commission

What is misconduct?

The Integrity Commission promotes and enhances integrity in government and public authorities.

It achieves this objective, in-part, by dealing with complaints of misconduct in accordance with the requirements of the Integrity Commission Act 2009.

The Integrity Commission can only deal with issues that relate to officers of public authorities, for example State Government departments, Government Business Enterprises, police, custodial officers, Members of Parliament, employees of the University of Tasmania or elected members and employees of councils.

Is it misconduct?

Misconduct, and serious misconduct, is conduct, or an attempt to engage in conduct, that is or involves:

  • a breach of a code of conduct (if one applies)
  • exercising functions or powers in a way that is dishonest or improper
  • misusing information obtained in carrying out duties
  • behaviour that could be expected to lead to a public officer losing his or her job, or being charged with a criminal offence.

Examples of possible misconduct by public officers are:

  • theft of unauthorised removal of property belonging to a public authority
  • accepting money or an benefit to take action or make a decision
  • failing to declare or otherwise deal properly with a conflict of interest
  • unauthorised release of information

What is not misconduct?

Some examples of behaviour that are not misconduct, as determined by the Integrity Commission Act are:

  • decisions or actions by a Supreme Court Judge or Magistrate
  • actions or decisions by employees of private companies and businesses
  • conduct involving lawyers in private practice
  • actions of Members of Parliament during proceedings in Parliament
  • administrative decisions or actions by public authorities where there is no suggestions that the decisions were made dishonestly or improperly.

For a more comprehensive legal definition of misconduct and public officers, please refer to the Integrity Commission Act 2009.