69Misconduct—Public Service and other prescribed government sector employees

69 Misconduct—Public Service and other prescribed government sector employees

69 Misconduct—Public Service and other prescribed government sector employees

(1) In this section—

detrimental action has the same meaning as in the Public Interest Disclosures Act 2022.

detrimental action offence has the same meaning as in the Public Interest Disclosures Act 2022.

government sector agency means—

(a) a Public Service agency, and

(a1) that part of the NSW Police Force comprising administrative employees under the Police Act 1990, and

(b) any other government sector agency prescribed by the regulations for the purposes of this section.

misconduct extends to the following—

(a) a contravention of this Act or an instrument made under this Act,

(b) taking action that constitutes a detrimental action offence,

(c) 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 a disclosure about alleged misconduct by an employee of a government sector agency, and

(ii) the suspicion, belief or awareness, whether correct or incorrect, is a contributing factor to the taking of the detrimental action,

(d) a conviction or finding of guilt for a serious offence.

The subject matter of any misconduct by an employee may relate to an incident or conduct that happened while the employee was not on duty or before his or her employment.

serious offence means an offence punishable by imprisonment for life or for 12 months or more (including an offence committed outside New South Wales that would be an offence so punishable if committed in New South Wales).

(2) The person who exercises employer functions in relation to an employee of a government sector agency is responsible for dealing with any misconduct by that employee in accordance with this section.