Misconduct in public administration is intentional and serious contravention of a code of conduct by a public officer that constitutes a ground for disciplinary action.
This could be a breach of the Public Sector Code of Ethics, or another relevant code of conduct.
The conduct must involve the public officer acting in their capacity as a public officer.
Misconduct
You applied for a job at a State Government department and were unsuccessful. Later on, you discovered that the successful applicant is someone who is close friends with the chair of the recruitment panel.
A friend told you they saw the successful applicant and the panel chair having coffee and overhead them discussing what sounded like potential interview questions.
Not misconduct
You applied for a job at a State Government department and were unsuccessful. You asked for the reasons why you were unsuccessful and were told that you lacked the experience required for the role.
You disagree and think the panel made the wrong decision.
What does the law say?
Misconduct is a term used in section 4 of the Ombudsman Act 1972 to describe intentional and serious conduct by a public officer that contravenes a code of conduct and constitutes a ground for disciplinary action.
The conduct must involve the public officer acting their capacity as a public officer.
