Public Sector Management Act 1994

A public servant must—

take all reasonable steps to avoid a conflict of interest; and

declare or manage a conflict of interest that cannot reasonably be avoided; and

when acting in connection with the public servant’s job—

comply with laws applying in the Territory; and

comply with any lawful and reasonable direction given by a person with the authority to give the direction; and

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

treat all people with courtesy and sensitivity to their rights and aspirations; and

do the public servant’s job with reasonable care and diligence, impartiality and honesty.

A public servant must not—

behave in a way that—

is inconsistent with the public sector values; or

undermines the integrity and reputation of the service; or

take improper advantage of the public servant’s job or information gained through the public servant’s job; or

improperly use a Territory resource, including information, accessed through the public servant’s job; or

without lawful authority—

disclose confidential information gained through the public servant’s job; or

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.

make a comment that reasonably appears to be an official comment; or

when acting in connection with the public servant’s job—bully, harass or intimidate anyone; or

when doing the public servant’s job—apply improper influence, favouritism or patronage.

For a misconduct procedure, failing to act in a way that is consistent with subsection (1) or (2) may be misconduct.

A misconduct procedure means a procedure set out in an industrial instrument or prescribed by regulation (see dict, def misconduct procedure).

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:

the head of service;

if the alleged maladministration or corrupt or fraudulent conduct is by the head of service—

the director-general of the administrative unit in which the public servant is employed; or

if the head of service is the director-general of the administrative unit in which the public servant is employed—another director-general.

This section does not—

affect the operation of any other Act; or

create or affect any other legal right.