Misconduct is improper behaviour by a public officer, as defined in the Integrity Commission Act 2009. It means:
- breaching an applicable code of conduct
- exercising functions or powers dishonestly or improperly
- misusing information obtained in carrying out duties
- misusing public resources, or
- adversely affecting or attempting to adversely affect the honest or proper performance of another public officer.
‘Serious misconduct’ means misconduct that could lead to a public officer losing their job or being charged with a serious offence.
The Commission only considers the conduct of public sector employees, which includes those working in:
- Local Government
- the Tasmanian State Service
- a Statutory Authority
- a government business or state-owned company
- Tasmania Police
- the University of Tasmania
We also consider the conduct of Members of Parliament. We do not however have jurisdiction over alleged misconduct by Members of Parliament in connection with a proceeding in Parliament.
Misconduct by public officers could include:
- using public resources or property for personal benefit
- accepting money or gifts to take action or make a decision
- not declaring or managing a conflict of interest, for example, purposefully allocating contracts to a friend’s business or employing a relative without proper recruitment or selection processes
- the use of excessive force, including by a police or prison officer, or
- the unauthorised release or use of official information, including using work databases for personal reasons.
The Integrity Commission is not a court of law. We cannot apply sanctions, or decide if people are guilty of criminal offences.
Find out more about misconduct risks in Tasmania.