State Sector Act 1988

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57 Commissioner may set minimum standards of integrity and conduct

(1)

The Commissioner may set minimum standards of integrity and conduct that are to apply in—

(a)

the Public Service:

(b)

all or any Crown entities (except for tertiary education institutions and Crown Research Institutes and any of their subsidiaries):

(ba)

companies named in Schedule 4A of the Public Finance Act 1989:

(c)

the Parliamentary Counsel Office:

(d)

the Parliamentary Service.

(2)

The Commissioner may set those minimum standards by issuing a code of conduct and applying it in accordance with subsection (3), by written notice to the agency or to those concerned.

(3)

The Commissioner may apply a code, with any variations that the Commissioner thinks appropriate in light of the legal, commercial, or operational context, to any of the following:

(a)

any agency or agencies referred to in subsection (1):

(b)

any particular persons or groups of persons in relation to an agency or agencies referred to in subsection (1) who—

(i)

are undertaking particular functions, duties, or powers:

(ii)

are the board:

(iii)

are board members:

(iv)

are office holders:

(v)

are chief executives:

(vi)

are employees:

(vii)

are individuals working as contractors or secondees.

(4)

The Commissioner’s functions include providing advice and guidance to the State services (except Crown Research Institutes and their subsidiaries) on matters, or at times, that affect the integrity and conduct of those within the State services (including, for example, on the interpretation of relevant standards and on the application of a code of conduct in specific cases).

Compare: 1988 No 20 ss 6(ha), 57C(2)

Section 57: substituted, on 25 January 2005, by section 11 of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

Section 57(1)(b): amended, on 18 July 2013, by section 46(1) of the State Sector Amendment Act 2013 (2013 No 49).

Section 57(1)(ba): inserted, on 18 July 2013, by section 46(2) of the State Sector Amendment Act 2013 (2013 No 49).

Section 57(2): amended, on 31 October 2018, by section 14(1) of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 57(3): replaced, on 31 October 2018, by section 14(2) of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 57(4): inserted, on 18 July 2013, by section 46(3) of the State Sector Amendment Act 2013 (2013 No 49).

Section 57 compare note: inserted, on 18 July 2013, by section 46(4) of the State Sector Amendment Act 2013 (2013 No 49).