Meaning of disclosable conduct

In force

(1)

For this Act, disclosable conduct means an action or a policy, practice or procedure of a public sector entity, or public official for a public sector entity, that—

(a)

is maladministration; or

(b)

results in a substantial and specific danger to public health or safety, or the environment.

(2)

However, disclosable conduct does not include an action or a policy practice or procedure of a public sector entity, or a public official for a public sector entity, that—

(a)

relates to a personal work-related grievance of the person disclosing the conduct; or

(b)

is to give effect to a policy of the Territory about amounts, purposes or priorities of public expenditure.

Examples—par (a)

1 an interpersonal conflict between the person and another employee

2 a decision not to approve the person’s leave application

3 a decision relating to the employment, transfer or promotion of the person

4 a decision relating to the terms and conditions of employment of the person

5 a decision to suspend or terminate the employment of the person, or to discipline the person

(3)

In this section:

environment—see the Environment Protection Act 1997, dictionary.

maladministration means conduct or a policy, practice or procedure that—

(a)

results in a substantial mismanagement of public resources or public funds; or

(b)

involves substantial mismanagement in the performance of official functions.

public funds means funds available to, or under the control of, a public sector entity including public and trust money within the meaning of the Financial Management Act 1996.

public health or safety includes the health or safety of people—

(a)

under lawful care or control; or

(b)

using community facilities or services provided by the private sector or public sector; or

(c)

in workplaces.

Examples—par (a)

1 students under the care or control of a teacher

2 patients in a health facility

3 detainees in a correctional facility

This Act’s bill:Explanatory statement Second reading speech

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8 Meaning of disclosable conduct