253Reporting of misconduct by CSNSW staff members

#### 253 Reporting of misconduct by CSNSW staff members 253 Reporting of misconduct by CSNSW staff members > > (1) This clause applies if— > > > > > (a) an allegation is made to a CSNSW staff member that another CSNSW staff member has, while carrying out official duties, engaged in conduct that, in the opinion of the CSNSW staff member to whom the allegation is made, constitutes a criminal offence or other misconduct, or > > > > > (b) a CSNSW staff member sincerely believes another CSNSW staff member has engaged in conduct that, in the CSNSW staff member’s opinion, constitutes a criminal offence or other misconduct. > > > (2) The CSNSW staff member to whom the allegation has been made or who has formed the sincere belief must report the conduct, or alleged conduct, to— > > > > > (a) the Commissioner, or > > > > > (b) a person to whom the Commissioner has delegated the exercise of the function of receiving allegations of that kind. > > > (3) Subclause (1) does not apply to conduct or alleged conduct that— > > > > > (a) has been made the subject of any proceedings or action under section 69 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), or > > > > > (b) has been the subject of evidence or other material given, or submissions made, in the course of criminal proceedings. > > > > > (c) (Repealed) > > > (4) A CSNSW staff member must not, in relation to any other CSNSW staff member— > > > > > (a) fail to approve or recommend the promotion of the other CSNSW staff member, or > > > > > (b) take, approve or recommend disciplinary action against the other CSNSW staff member, or > > > > > (c) direct, approve or recommend the transfer of the other CSNSW staff member to another position in Corrective Services NSW, or > > > > > (d) make, approve or recommend a decision which detrimentally affects the benefits or awards of the other CSNSW staff member, or > > > > > (e) fail to approve or recommend that the other CSNSW staff member receive education or training which could reasonably be expected to improve the staff member’s opportunities for promotion or to confer some other advantage on the officer, or > > > > > (f) change, or approve or recommend a change to, the duties of the other CSNSW staff member so that they are not appropriate to the staff member’s salary or position, or > > > > > (g) otherwise act to the detriment of the other CSNSW staff member, > > > > in retaliation against the other CSNSW staff member because he or she has acted in accordance with this clause or has disclosed information relating to conduct contrary to law to any other CSNSW staff member. > > > (5) In this clause— > > > > CSNSW staff member means a person mentioned in the Act, section 231(b)–(g). > > > > official duties, for a CSNSW staff member, means duties carried out as a member of staff of Corrective Services NSW. > > **cl 253:** Am 2026 (137), Sch 1\[1\]–\[7\].