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Employees should not bring their employer into disrepute through their private activities

This third principle is about not compromising the Department through your personal behaviour.

Personal behaviour

You should avoid any activity (work-related or private) which could reflect badly on the Department or jeopardise its relationships with Ministers, stakeholders, or the general public.

Whether any such activity constitutes misconduct will depend on the circumstances of the case and may vary according to the position you hold.

Minor offences against the law outside of your work may be of no concern to the Department where they do not involve breaches of trust, or otherwise impair your ability to carry out your duties.

However, other cases may be of concern and may call into question fitness for continued employment.

If you work with offenders you will be held to particularly high standards of personal behaviour and compliance with the law as you should be a role model for offenders.

You must inform your manager immediately:

  • of any criminal charge laid against you in a criminal court and any convictions you receive
  • if you apply for bankruptcy or become bankrupt.

Every situation will be judged on its own merits but, in general, if you are convicted of an offence and receive a custodial or community-based sentence your employment will be discontinued.

If you are convicted of an offence which is punishable by a custodial or community-based sentence your continued employment will be subject to the discretion of the General Manager of your service or group.

Some situations leading to a court appearance may constitute serious misconduct and thus render your continued employment inappropriate, even though you may be placed on diversion or discharged without conviction.

Personal liability

You need to be aware of your personal liability in respect of any civil action taken by individuals. Section 86 of the State Sector Act protects employees from personal liability when they are performing the functions of the Department in good faith. However any employee who is not acting in good faith may be personally liable financially, in addition to any disciplinary action imposed by the Department.


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