When we assess allegations, we apply the strict definition of minor misconduct in section 4(d) of the Corruption, Crime and Misconduct Act 2003 (CCM Act).
The threshold for minor misconduct is quite high so the term “minor” can be misleading.
It is important to know 2 things about minor misconduct.
1. As a guide, minor misconduct by a public officer includes:
- performance of their functions in a way that is not honest or impartial
- misuse of information they have access to in their role for personal benefit or
- breach of the trust placed in them by their employer.
2. For an allegation to be assessed as minor misconduct, it must be serious enough that it could result in the public officer losing their job as part of a disciplinary process.
Examples of minor misconduct:
- A public officer uses inappropriate force (that doesn’t result in injury) to respond to a non-compliant prisoner.
- A public officer uses a racist slur against a colleague or client.
- A public officer sexually harasses a colleague or client.
- A public officer inappropriately uses work resources for their personal benefit (for example uses a work trailer to take mulch home).
- A public officer commits a crime outside of work that damages the trust placed in them by their employer.
- A public officer performs their role while under the influence of drugs or alcohol.
In all instances, the individual circumstances are carefully considered as in some cases the matter may potentially involve serious misconduct.
The video below explains more about what minor misconduct is and how to report it.
After reviewing this information, if you believe that minor misconduct has occurred, we encourage you to report the matter to us.
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