The following are simple explanations of our key terms. These terms are defined further in the CCM Act, or other relevant legislation.
Appropriate authority is a public authority with the power to take investigatory or other action (or both) in response to misconduct.
Independent agency means the Auditor General, Director of Public Prosecutions, Public Sector Commissioner, Parliamentary Commissioner (more commonly known as the Ombudsman) and the Inspector of Custodial Services.
Public authorities include Western Australian State Government departments, the WA Police Force, local governments, tertiary bodies, port authorities and some boards.
Public officers include all public sector employees, police officers, prison officers (including privately operated prisons), members of Parliament, members of government boards and committees, local government elected officials and employees, employees of public universities, employees of public utilities and some volunteers.
Senior public officers include chief executives, senior executives, commissioned police officers, and superintendents and senior officers in the Department of Justice.
Serious misconduct - the definition of ‘serious misconduct’ for police is different from the definition for ‘public officers’ generally. For police, serious misconduct includes all misconduct described in CCM Act s 4, not just misconduct falling within paragraphs 4(a) to (c). Serious misconduct also
includes conduct described as ‘reviewable police action’. This definition applies
to police officers, police staff and persons seconded to the WA Police Force.
For all other public officers, ‘serious misconduct’ refers only to corrupt or criminal conduct described in CCM Act s 4(a) to (c), which occurs when a public officer:
- acts corruptly or corruptly fails to act in the course of their duties; or
- corruptly takes advantage of their position for the benefit or detriment of him or herself or any person; or
- commits an offence, while acting or purporting to act in his or her official capacity, which carries a penalty of two or more years imprisonment.