29Meaning of “misconduct”

#### 29 Meaning of “misconduct” 29 Meaning of “misconduct” > > (1) For the purposes of this Part, misconduct includes, but is not limited to, any of the following— > > > > > (a) a contravention of any provision of this Act or the regulations, > > > > > (b) engaging in, or having engaged in, any conduct that justifies the taking of disciplinary action, > > > > > (c) taking action that constitutes a detrimental action offence, > > > > > (d) taking detrimental action against another person in circumstances where— > > > > > > > (i) the person taking the detrimental action suspects, believes or is aware, when taking the action, that any person has made, may have made, may make or proposes to make an internal disclosure, and > > > > > > > (ii) the suspicion, belief or awareness, whether correct or incorrect, is a contributing factor to the taking of the detrimental action. > > > (2) For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened— > > > > > (a) while the permanent employee concerned was not on duty, or > > > > > (b) before the permanent employee was appointed to his or her position. > > > (3) In this section— > > > > detrimental action has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014). > > > > detrimental action offence has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014). > > > > internal disclosure means a disclosure made in good faith by a person about the alleged misconduct of another person. > > **s 29:** Am 2002 No 43, Sch 7.3 \[1\]. Subst 2006 No 24, Sch 1.3 \[5\]. Am 2010 No 84, Sch 2.2; 2011 No 37, Sch 2.1; 2022 No 14, Sch 8.6\[1\] \[2\].