32Meaning of “misconduct”

32 Meaning of “misconduct”

32 Meaning of “misconduct”

(1) For this part, misconduct includes the following—

(a) a contravention of Part 3,

(b) performance of duties in a way that justifies the taking of disciplinary action,

(c) making a statement in connection with an application for appointment as a firefighter that is false or misleading in a material particular,

(d) taking detrimental action against a person that is substantially in reprisal for the person making a public interest disclosure,

(e) taking action against another firefighter that is substantially in reprisal for an internal disclosure made by the other firefighter.

(2) For this part, the subject matter of an allegation of misconduct may relate to an incident or conduct that happened—

(a) while the firefighter was not on duty, or

(b) before the firefighter was appointed to his or her position.

(3) In this part, a reference to an allegation that a firefighter may have engaged in misconduct includes a reference to the Commissioner being made aware, or becoming aware, by any means that the firefighter may have engaged in misconduct.

(4) In this section—

detrimental action has the same meaning as in the Public Interest Disclosures Act 1994.

internal disclosure means a disclosure made by a firefighter regarding the alleged misconduct of another firefighter.

public interest disclosure has the same meaning as in the Public Interest Disclosures Act 1994.