The ICAC Act defines misconduct as conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body:

  1. that constitutes an offence, whether in the Territory or elsewhere, for which the maximum penalty is a fine, or imprisonment for a term of less than two (2) years (with or without a fine), that is connected to public affairs; or
  2. that constitutes reasonable grounds for taking disciplinary action against the officer (short of dismissal or termination of appointment) or varying the officer’s terms of appointed, that is connected to public affairs and is mentioned in s10(2)(c) with respect to corrupt conduct; or
  3. that is engaged in by a public body, judicial officer, a minister, an MLA or a local councillor that is connected to public affairs and involves a breach of public trust (for a judicial officer or the Director of Public Prosecutions) or a breach of public trust not amounting to a serious breach of public trust (for a public body, minister, MLA or councillor).