12Meaning of unsatisfactory conduct

12 Meaning of unsatisfactory conduct (1) Conduct is unsatisfactory conduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body: (a) that involves: (i) illegality or impropriety; or (ii) negligence; or (iii) incompetence; and

Independent Commissioner Against Corruption Act 2017 15 (c) that results in: (i) substantial mismanagement of public resources; or (ii) the inappropriate or significantly inefficient use of public resources; or (iii) substantial mismanagement in relation to the performance of official functions; or (iv) substantial detriment to the public interest. (2) For subsection (1)(a)(iii), incompetence: (a) is conduct that would not be engaged in by a reasonable public officer or public body: (i) having the skills and knowledge reasonably expected of a person or body with the role of the public officer or public body; and (ii) having taken appropriate steps to obtain adequate resources, information and advice; but (b) does not include conduct: (i) that is less than best practice; or (ii) that is a matter of policy about which reasonable public officers or public bodies may disagree. (3) Despite subsection (1), unsatisfactory conduct does not include any conduct engaged in by a judicial officer in the performance of judicial functions.