Staff misconduct, however, could concern issues such as allegations of:
- sexual impropriety – behaviour that is sexually demeaning to a consumer including comments or gestures
- sexual misconduct
- breaches of patient confidentiality
- physical or mental impairment of a health care professional which comprises the care of a consumer (for example, under the influence of drugs or alcohol)
- fraud or illegal practice of a financial nature
- theft by a public officer
- medication issues, where it is alleged that the loss of patient’s own medication is as a result of the actions of a public officer (for example, theft).
The Corruption, Crime and Misconduct Act (2003) defines two types of misconduct – serious and minor.
Serious misconduct
Serious misconduct is when a public officer, for example a staff member either:
- acts corruptly or corruptly fails to act in the course of their duties
- corruptly takes advantage of their position for the benefit or detriment of any person
- commits an offence which carries a penalty of two or more years.
Examples include:
- abuse of public office
- blackmail
- bribery
- deliberately releasing confidential information
- extortion
- obtaining or offering a secret commission
- fraud or stealing
- forgery
- perverting the course of justice.
Read more information on serious misconduct reporting and processes:
Minor misconduct
Minor misconduct is behaviour by a public officer which either:
- adversely affects the honest or impartial performance of the functions of a public authority or public officer
- involves the performance of functions in a manner that is not honest or impartial
- involves a breach of the trust placed in the public officer
- involves the misuse of information or material that the public officer has acquired in connection with their functions as a public officer, whether the misuse is for the benefit of the public officer or the benefit or detriment of another person.
and constitutes, or could constitute -
- a disciplinary offence providing reasonable grounds for the termination of a person’s office or employment as a public service officer under the Public Sector Management Act 1994 (whether or not the public officer to whom the allegation relates is a public service officer or is a person whose office or employment could be terminated on the grounds of such conduct).
Read more information on minor misconduct reporting and processes: