2017-08-08 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   8 AUGUST 2017




                                                    Page 20 of 146

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                          8 AUGUST 2017

    APPENDIX ONE: DEFINITIONS

  [Conduct                        Cid Definition
    Corrupt conduct                   Pursuant to s15 of the Crime and Corruption Act 2001,
                                          (1) Corrupt conduct means conduct of a person, regardless of
                                             whether the person holds or held an appointment, that —
                                          (a) Adversely affects, or could adversely affect, directly or
                                             indirectly, the performance of functions or the exercise of
                                             powers of —
                                             (i)    A unit of public administration; or
                                            (ii)    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
                                            (ii)    Involves a breach of the trust placed in a person
                                                    holding an appointment, either Knowingly or
                                                    recklessly; or
                                            (iii)   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 in 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)    A criminal offence; or
                                            (ii)    A disciplinary breach providing reasonable grounds
                                                    for terminating the person’s services, if the person is
                                                    or were the hold of an appointment.
                                          (2) Without limiting subsection (1), conduct that involves any of
                                             the following could be corrupt conduct under subsection (1) —
                                             (a) Abuse of public office;
                                             (b) Bribery, including bribery relating to an election;
                                             (c) Extortion;
                                             (d) Obtaining or offering a secret commission;
                                             (e) Fraud;
                                             (f) Stealing;
                                             (g) Forgery;
                                             (h) Perverting the course of justice;
                                             (i) An offence relating to an electoral donation;
                                             (j) Loss of revenue of the State;
                                             (k) Sedition;
                                             (1) Homicide, serious assault or assault occasioning bodily
                                                 harm or grievous bodily harm;
                                             (m) Obtaining a financial benefit from procuring prostitution or
                                                 from unlawful prostitution engaged in by another person;
                                             (n) Illegal drug trafficking;
                                              0) Illegal gambling.
  |Discloser                        | Mearns the personmakingaPiDtoCouncil,
   Maladministration                  Defined in schedule 4 of the Public Interest Disclosure Act 2010,
                                      maladministration is administrative action that —
                                          (a) Was taken contrary to law; or
                                          (b) Was unreasonable, unjust, oppressive, or improperly
                                             discriminatory; or
                                          (c) Was in accordance with a rule of law or a provision of an Act
                                             or a practice that is or may be unreasonable, unjust,
                                                                                            Page 13 of 16
    Public Interest Disclosure Management Pregram-and-Procedure

                                                                                            Page 20 of 146