Duty of employees to act honestly
36A Duty of employees to act honestly
An employee of a public corporation must at all times act honestly in the performance of his or her duties, whether within or outside the
State.
Penalty:
Division 4 fine or division 4 imprisonment, or both.
Subsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the public interest.
If a person is convicted of an offence against this section in relation to a public corporation, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the corporation—
if the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and
if the court is satisfied that the corporation or a subsidiary of the corporation suffered loss or damage as a result of the contravention—compensation for the loss or damage.
If a person contravenes this section in relation to a public corporation, the corporation or the corporation's Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—
if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and
if the corporation or a subsidiary of the corporation suffered loss or damage as a result of the contravention—compensation for the loss or damage.
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