The elements of the common law offence of misconduct in public office in Victoria are: (1) a public official; (2) in the course of or connected to his public office; (3) wilfully misconducts himself by act or omission; (4) without reasonable excuse or justification; and (5) where such misconduct is serious and meriting criminal punishment having regard to the responsibilities of the office. The nexus element does not require the officer to be on duty or exercising powers of office at the time of the misconduct; a sufficient connection to the office is enough. Off-duty conduct, including misuse of information obtained through office, may satisfy the nexus requirement.
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