9Public sector conduct

9 Public sector conduct (1) A public servant must— (a) take all reasonable steps to avoid a conflict of interest; and (b) declare or manage a conflict of interest that cannot reasonably be avoided; and (c) when acting in connection with the public servant’s job— (i) comply with laws applying in the Territory; and (ii) comply with any lawful and reasonable direction given by a person with the authority to give the direction; and (iii) if dealing with a member of the public—make all reasonable efforts to help the person to understand the person’s entitlements, and any requirement the person is obliged to meet, under a territory law; and (iv) treat all people with courtesy and sensitivity to their rights and aspirations; and (d) do the public servant’s job with reasonable care and diligence, impartiality and honesty. (2) A public servant must not— (a) behave in a way that— (i) is inconsistent with the public sector values; or (ii) undermines the integrity and reputation of the service; or (b) take improper advantage of the public servant’s job or information gained through the public servant’s job; or (c) improperly use a Territory resource, including information, accessed through the public servant’s job; or (d) without lawful authority— (i) disclose confidential information gained through the public servant’s job; or Note The Crimes Act 1900, s 153 (1) makes it an offence for a public servant to disclose information that it is the public servant’s duty not to disclose. (ii) make a comment that reasonably appears to be an official comment; or Public sector standards Division 2.1 (e) when acting in connection with the public servant’s job—bully, harass or intimidate anyone; or (f) when doing the public servant’s job—apply improper influence, favouritism or patronage. (3) For a misconduct procedure, failing to act in a way that is consistent with subsection (1) or (2) may be misconduct. Note A misconduct procedure means a procedure set out in an industrial instrument or prescribed by regulation (see dict, def misconduct procedure). (4) A public servant (a discloser) must tell the following person about any maladministration or corrupt or fraudulent conduct by a public servant or a public sector member of which the discloser becomes aware: (a) the head of service; (b) if the alleged maladministration or corrupt or fraudulent conduct is by the head of service— (i) the director-general of the administrative unit in which the public servant is employed; or (ii) if the head of service is the director-general of the administrative unit in which the public servant is employed—another director-general. (5) This section does not— (a) affect the operation of any other Act; or (b) create or affect any other legal right.