The below table outlines what each of the categories of misconduct or serious misconduct may typically involve and is intended as a guide to assist categorisation for reporting purposes only. Organisations will continue to make their own determinations about what constitutes misconduct or serious misconduct for their employees.
The conduct covered in these categories may breach an organisation’s policies or code of conduct, the code of conduct for the public sector, model standards issued by the Commissioner or other relevant standards and guidance.
|
Category of misconduct or serious misconduct |
Description of category |
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Gifts, benefits or sensitive expenditure |
Misconduct or serious misconduct that relates to giving or receiving gifts, benefits or sensitive expenditure. For example, inappropriate spending on a work credit card or spending that does not align with an agency’s gifts and benefits policy. |
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Political neutrality |
Public servants are required to act in a politically neutral manner at work. Misconduct or serious misconduct related to this requirement could include using work time or resources to campaign for a political party. |
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Information security and acceptable use of IT resources |
Misconduct or serious misconduct that relates to information security and acceptable use of IT resources. For example, sharing information without authorisation, using a work device to access inappropriate websites or using a non-secure email for work purposes. |
|
Use of social media |
Misconduct or serious misconduct that relates to use of social media. For example, posting offensive content on a personal social media page that lists where the employee works, potentially bringing their agency into disrepute. |
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Racial harassment |
Racial harassment is when someone expresses hostility or ridicules someone else on the basis of race, colour, ethnic group or national origin, is hurtful or offensive to you, and it is serious or frequent enough to have a negative effect on your job performance or job satisfaction. This could include things like racist remarks or mocking someone for their ethnicity. |
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Sexual harassment |
Sexual harassment is any unwelcome or offensive sexual behaviour that is repeated, or is serious enough to have a harmful effect, or includes a promise of preferential treatment or a threat of detrimental treatment. This could include things like making unwanted sexual comments or sending offensive messages or images to a colleague. |
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Bullying and/or other harassment |
Bullying is repeated and unreasonable behaviour directed towards an employee or group of employees that can lead to physical or psychological harm. Bullying can be physical, verbal, psychological or social. It can include victimising, humiliating, intimidating or threatening. Workplace bullying is not one-off or occasional instances of rudeness, constructive peer review, a manager requiring reasonable verbal or written work instructions to be carried out, warning or disciplining workers in line with the organisation’s code of conduct. Examples of bullying include belittling remarks, yelling at staff or ignoring and excluding a staff member. Harassment includes any unwanted and unjustified behaviour that another person finds offensive or humiliating, which is serious or repeated, and has a negative effect on the person’s employment, job performance or job satisfaction. |
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Discrimination |
Discrimination is treating someone unfairly based on personal characteristics such as gender, age, ethnicity, country of origin, disability, sexual orientation or religious beliefs. Examples of discrimination include someone being denied a career development opportunity due to a personal characteristic or being denied a reasonable accommodation for an impairment/disability. |
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Fraud or corruption |
Misconduct or serious misconduct that relates to fraud or corruption. Fraud is an intentional act using deception to obtain an unjust or illegal advantage. Corruption is a type of fraud. It is the abuse of entrusted power for private gain (such as soliciting or receiving gifts or other gratuities to perform an official duty). Examples of fraud and corruption could include submitting false travel claims or accepting bribes. |
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Theft |
Unauthorised taking or using of property or resources belonging to the organisation, colleagues or a member of the public. |
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Dishonesty |
Providing false, misleading or incomplete information. Examples may include falsifying timesheets or lying about work related matters. |
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Conduct outside of work |
Behaviour outside of work that has a negative impact on the employment relationship, such as bringing the employer into disrepute or engaging in criminal activity outside work. |
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Dangerous behaviour at work |
Dangerous behaviour at work is conduct that puts the employee, their colleagues, or the public at risk of harm. This includes violent behaviour, dangerous or reckless driving while undertaking work duties, being drunk and disorderly at work or using illegal drugs at work. Such behaviour can compromise safety, wellbeing, and the ability of others to perform their roles. Conduct of this nature could result in criminal charges. |
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Failure to follow reasonable instructions or meet workplace expectations |
Failure to follow reasonable instructions or meet workplace expectations. For example: repeated lateness or absenteeism, continued failure to follow reasonable work-related instructions, ongoing inappropriate language or disrespectful behaviour to colleagues or the public. |
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Other – please describe |
Misconduct or serious misconduct that is not covered by another category. |