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Code of Conduct - Office of the Commissioner for Public Employment

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Circumstances in which public comment is inappropriate13.4. While a <strong>Public</strong> Sector <strong>Office</strong>r, as a member <strong>of</strong> <strong>the</strong> community, has <strong>the</strong> right tomake public comment and enter into public debate on political and socialissues, <strong>the</strong>re are some circumstances in which public comment isinappropriate. These include:a) <strong>the</strong> implication that <strong>the</strong> public comment, although made in a private capacity, isin some way seen to be an <strong>of</strong>ficial comment <strong>of</strong> <strong>the</strong> Government or <strong>of</strong> <strong>the</strong> <strong>Public</strong>Sector <strong>Office</strong>r‟s agency;b) where a <strong>Public</strong> Sector <strong>Office</strong>r is directly involved in advising on or directing <strong>the</strong>administration or implementation <strong>of</strong> Government policy and <strong>the</strong> public commentwould compromise his or her ability to continue to do so in an efficient andpr<strong>of</strong>essional manner; andc) where public comment, regardless <strong>of</strong> <strong>the</strong> connection (or lack <strong>of</strong> connection) witha <strong>Public</strong> Sector <strong>Office</strong>r‟s normal duties, amounts to criticism sufficiently strongor persistent to give rise to <strong>the</strong> public perception that <strong>the</strong> <strong>Public</strong> Sector <strong>Office</strong>r isnot prepared to implement or administer <strong>the</strong> policies <strong>of</strong> <strong>the</strong> Government <strong>of</strong> <strong>the</strong>day as <strong>the</strong>y relate to his or her duties.14. Use <strong>of</strong> in<strong>for</strong>mation acquired in <strong>the</strong> course <strong>of</strong> employmentDisclosure <strong>of</strong> in<strong>for</strong>mation acquired in <strong>the</strong> course <strong>of</strong> employment14.1. A <strong>Public</strong> Sector <strong>Office</strong>r must not disclose in<strong>for</strong>mation or documents acquired in<strong>the</strong> course <strong>of</strong> his or her employment, o<strong>the</strong>r than as required by law or whereproper authority has been given.Misuse <strong>of</strong> in<strong>for</strong>mation14.2. A <strong>Public</strong> Sector <strong>Office</strong>r must not misuse in<strong>for</strong>mation gained in his or her <strong>of</strong>ficialcapacity. Misuse includes, but is not limited to:a) speculation, <strong>for</strong> personal gain or o<strong>the</strong>rwise, in shares on <strong>the</strong> basis <strong>of</strong>confidential in<strong>for</strong>mation about <strong>the</strong> affairs <strong>of</strong> a business or <strong>of</strong> proposedGovernment action;b) seeking to take advantage <strong>for</strong> personal reasons or <strong>for</strong> ano<strong>the</strong>r person on <strong>the</strong>basis <strong>of</strong> in<strong>for</strong>mation about that person held in <strong>of</strong>ficial records;c) gossiping or rumour mongering on <strong>the</strong> basis <strong>of</strong> personal or o<strong>the</strong>r in<strong>for</strong>mationheld in <strong>of</strong>ficial records; andd) providing a <strong>for</strong>mer <strong>Public</strong> Sector <strong>Office</strong>r, or appearing to provide a <strong>for</strong>mer <strong>Public</strong>Sector <strong>Office</strong>r, favourable treatment or access to privileged in<strong>for</strong>mation.EI No 12 <strong>Code</strong> <strong>of</strong> <strong>Conduct</strong> Page 6

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