Public Sector Conduct

Public Sector Conduct

The following statement contains information regarding public sector conduct, working outside the service and the unauthorised disclosure of information.

Public Sector Conduct

Section 9 of the Public Sector Management Act 1994

(1) A public servant must—

(2) A public servant must not—

(3) For a misconduct procedure, failing to act in a way that is consistent with subsection (1) or (2) may be misconduct.

Note A misconduct procedure means a procedure set out in an industrial instrument or prescribed by regulation (see dict, def misconduct procedure).

(4) A public servant (a discloser) must tell the following person about any maladministration or corrupt or fraudulent conduct by a public servant or a public sector member of which the discloser becomes aware:

(5) This section does not—

Work Outside the Service

Section 244 of the Public Sector Management Act 1994.

(1) A public servant must have the approval of the head of service for any of the following activities, other than in the exercise of the public servant’s functions:

(2) However, a public servant does not need approval to be a member or shareholder of, or hold an unpaid position in, an incorporated company, a political party or a body registered under a law of the Territory, a State or the Commonwealth. Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

Unauthorised Disclosure of Information

Unauthorised disclosure, or leaking, of official information is a breach of the Code of Ethics (Section 9 of the Act) and potentially of the Crimes Act 1900 (ACT).

Section 153(1) of the Crimes Act 1900 (ACT), states:'(1)  A person who, being an officer of the Territory, publishes or communicates except to some person to whom he or she is authorised to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of him or her being an officer of the Territory and which it is his or her duty not to disclose, is guilty of an offence punishable, on conviction, by imprisonment for a period not exceeding 2 years.'