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PUBLIC ADMINISTRATION AMENDMENT ACT 2009 (NO. 27 OF 2009) - SECT 3

Definition of misconduct

See:
Act No.
108/2004.
Reprint No. 1
as at
11 October 2006
and amending
Act Nos
23/2006, 24/2006, 43/2006, 28/2007, 58/2007, 4/2008 and 24/2008.
LawToday:
www.
legislation.
vic.gov.au
s. 3

In section 4 of the Public Administration Act 2004 insert the following definition—

""misconduct" includes—

        (a)     a contravention of a provision of this Act, the regulations or a binding code of conduct;

        (b)     improper conduct in an official capacity;

        (c)     a contravention, without reasonable excuse, of a lawful direction given to the employee as an employee by a person authorised (whether under this Act or otherwise) to give the direction;

        (d)     a refusal by an employee to perform duties assigned to the employee under Part 3 or Part 7A;

        (e)     an employee making improper use of his or her position for personal gain;

        (f)     an employee making improper use of information acquired by him or her by virtue of his or her position to gain personally or for anyone else financial or other benefits or to cause detriment to the public service or the public sector;".



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