Meaning of unsatisfactory conduct

Current

(1) Conduct is unsatisfactory conduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body:

(a)

that involves:

(i)

illegality or impropriety; or

(ii)

negligence; or

(iii)

incompetence; and

(b)

that is connected to public affairs; and

(c)

that results in:

(i)

substantial mismanagement of public resources; or

(ii) the inappropriate or significantly inefficient use of public resources; or

(iii) substantial mismanagement in relation to the performance of official functions; or

(iv)

substantial detriment to the public interest.

(2)

For subsection (1)(a)(iii), incompetence:

(a) is conduct that would not be engaged in by a reasonable public officer or public body:

(i) having the skills and knowledge reasonably expected of a person or body with the role of the public officer or public body; and

(ii) having taken appropriate steps to obtain adequate resources, information and advice; but

(b)

does not include conduct:

(i)

that is less than best practice; or

(ii) that is a matter of policy about which reasonable public officers or public bodies may disagree.

(3) Despite subsection (1), unsatisfactory conduct does not include any conduct engaged in by a judicial officer in the performance of judicial functions.

This Act’s bill:Explanatory statement Second reading speech

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12 Meaning of unsatisfactory conduct