Western Australian Consolidated Acts Western Australian Consolidated Acts Misconduct occurs
if —
(a) a
public officer corruptly acts or corruptly fails to act in the performance of
the functions of the public officer’s office or employment;
(b) a
public officer corruptly takes advantage of the public officer’s office
or employment as a public officer to obtain a benefit for himself or herself
or for another person or to cause a detriment to any person;
(c) a
public officer whilst acting or purporting to act in his or her official
capacity, commits an offence punishable by 2 or more years’
imprisonment; or
(d) a
public officer engages in conduct that —
(i)
adversely affects, or could adversely affect, directly or
indirectly, the honest or impartial performance of the functions of a public
authority or public officer whether or not the public officer was acting in
their public officer capacity at the time of engaging in the conduct;
(ii)
constitutes or involves the performance of his or her
functions in a manner that is not honest or impartial;
(iii)
constitutes or involves a breach of the trust placed in
the public officer by reason of his or her office or employment as a public
officer; or
(iv)
involves the misuse of information or material that the
public officer has acquired in connection with his or her functions as a
public officer, whether the misuse is for the benefit of the public officer or
the benefit or detriment of another person,
and constitutes or
could constitute —
(v)
an offence against the
Statutory Corporations (Liability of Directors) Act 1996 or any other
written law; or
(vi)
a disciplinary offence providing reasonable grounds for
the termination of a person’s office or employment as a public service
officer under the Public Sector Management Act 1994 (whether or not the
public officer to whom the allegation relates is a public service officer or
is a person whose office or employment could be terminated on the grounds of
such conduct).
[Section 4 inserted by No. 78 of 2003
s. 6.]