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2021-12-13 General Committee Meeting Agenda

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GENERAL COMMITTEE MEETING AGENDA   13 DECEMBER 2021




                                        Page 40 of 65

GENERAL COMMITTEE MEETING AGENDA                                                                13 DECEMBER 2021

               (a)  adversely affects, or could adversely affect, directly or indirectly, the performance of functions
                    or the exercise of powers of —
                    (i)   aunit of public administration; or
                    (il) | a person holding an appointment; and
               (b)  results, or could result, directly or indirectly, in the performance of functions or the exercise of
                    powers mentioned in paragraph (a) in a way that —
                    (i)   is not honest or is not impartial; or
                    (il) | involves a breach of trust placed in a person holding an appointment, either knowingly
                          or recklessly; or
                    (iil) involves a misuse of information or material acquired in or in connection with the
                          performance of functions or the exercise of powers of a person holding an appointment;
                          and
               (c)  is engaged for the purpose of providing a benefit to the person or another person or causing a
                    detriment to another person; and
               (d)  would, if proved, be —
                    (i) | acriminal offence; or
                    (ii) | adisciplinary breach providing reasonable grounds for terminating the person’s services,
                          if the person is or were the holder of an appointment.

             Many forms of corruption are also offences under the Queens/and Criminal Code 1899 which
             includes offences such as extortion, abuse of office, disclosure of official secrets, computer hacking,
             false claims, stealing, issuing false certificates, receipt or solicitation of secret commissions, forgery
             and election fraud.
              For education purposes, examples of corruption are outlined below. It is important to note that the
             below lists of examples are not exclusive and as such Council will use legislation and other measures
             to determine on a reasonable basis if information or a matter can be classified as corruption.
             Within this context, examples of corruption include, but are not limited to:
               e  release of confidential information in exchange for financial benefit or some form of non-financial
                  benefit or advantage to the employee releasing the information
               e  aCouncil employee looking up the department’s records about an individual without a valid work
                  need
               e  conflict of interest involving an Officer acting in his or her own self-interest rather than the
                  interests of Council
               e  a Council employee manipulating a selection panel decision to ensure that a relative or close
                  friend gets the job
               e  manipulation of the procurement process by favouring one tenderer over others for personal
                  reasons or selectively providing information to some tenderers
               e  provision of false credentials, references or identification by an applicant to gain a position within
                  Council
              e   payment or receipt of secret commissions (bribes), which may be paid in money or in some other
                  form of value to the receiver and may relate to a specific decision or action by the receiver or
                  generally
               e  collusive tendering (the act of multiple tenderers for a particular contract colluding in preparation
                  of their bids)
               e  payment or solicitation of donations for an improper political purpose
               e  Council employee cheating on travel allowances
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