Division 4 Miscellaneous matters relating to conduct of officers

79   Officer to report bankruptcy etc

(1979 Act, s 98)

(1)  If an officer becomes bankrupt or makes a composition, arrangement or assignment for the benefit of the officer’s creditors, the officer shall:

(a)  immediately give to the appropriate Department Head notice of the bankruptcy, composition, arrangement or assignment, and

(b)  within such period as the Department Head specifies, provide that Department Head with such further information with respect to the cause of the bankruptcy or of the making of the composition, arrangement or assignment as that Department Head requires.

(2)  If any such officer is the Department Head, subsection (1) applies as if references to the appropriate Department Head were references to the appropriate Minister.

80   Officer not to engage in other employment without permission

(1979 Act, s 99)

(1)  An officer shall not:

(a)  accept or continue to hold or discharge the duties of or be employed in any paid office in connection with any banking, insurance, mining, mercantile or other commercial business, whether it is carried on by a corporation, company, firm or individual, or

(b)  engage in or undertake any such business, whether as principal or agent, or

(c)  engage in or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerative or not, with any corporation, company, firm or individual so engaged,

      except with the permission of the appropriate Department Head.

(2)  The appropriate Department Head may withdraw any such permission at any time.

(3)  Subsections (1) and (2) are subject to any other Act that expressly applies to officers.

(4)  If an officer:

(a)  is the holder of an office or position, or

(b)  is engaged in any employment whatever,

      otherwise than in connection with the duties of the officer’s position under the Crown, the officer must at once notify the fact to the appropriate Department Head.

(5)  If an officer has given a notification to the appropriate Department Head under subsection (4), that Department Head may require the officer to resign the office or position or to abstain from engaging in the employment.

(6)  Nothing in this section prevents an officer from accepting and continuing to hold office in any friendly society established for the benefit of public servants only.

(7)  This section does not apply to chief executive officers or senior executive officers.

81   Officers retiring or resigning before breach of discipline dealt with

(1)  If an officer who has been charged with a breach of discipline, or who has been informed that such a charge is about to be laid, retires or resigns from the Public Service, a disciplinary inquiry may be commenced or continued even though the officer has retired or resigned, and:

(a)  the person shall, for the purposes only of the inquiry, be taken to be an officer suspended from duty without pay, and

(b)  a decision may be made as to the punishment (if any) that would have been imposed under this Part if the officer had not retired or resigned.

(2)  Any such decision (other than a fine) does not affect the former officer’s retirement or resignation or the benefits, rights and liabilities arising from the retirement or resignation.

(3)  A fine imposed under any such decision may be recovered from the former officer as a debt due to the Crown in any court of competent jurisdiction, or out of any money payable to or in respect of the former officer by the Crown, or both.

(4)  Nothing in this section affects any power under this Act to refuse to accept the resignation of an officer.

(5)  (Repealed)