25 Referral of disclosures by investigating authorities
(1) An investigating authority may refer any disclosure concerning an allegation of corrupt conduct, maladministration, serious and substantial waste, government information contravention or local government pecuniary interest contravention that is made to it by a public official to another investigating authority or to a public official or public authority considered by the authority to be appropriate in the circumstances, for investigation or other action.(2) The investigating authority must refer such a disclosure if:(a) it is not authorised to investigate the matter concerned under the relevant investigation Act, and(b) it is of the opinion that another investigating authority or some public official or public authority may appropriately deal with the matter concerned.(3) A disclosure may be referred before or after the matter concerned has been investigated and whether or not any investigation of the matter is complete or any findings have been made by the investigating authority.(4) The investigating authority may communicate to the other investigating authority or to the public official or public authority any information the investigating authority has obtained during the investigation (if any) of the matter concerned.(5) The investigating authority may recommend what action should be taken by the other investigating authority or the public official or public authority.(6) The investigating authority is not to refer the disclosure to another investigating authority, or to a public official or public authority, except after taking into consideration the views of the authority, public official or public authority.(7) An investigating authority referring a matter to another investigating authority may enter into arrangements with the other authority:(a) to avoid duplication of action, and(b) to allow the resources of both authorities to be efficiently and economically used to take action, and(c) to ensure that action is taken in a manner providing the most effective result.(8) A public interest disclosure that is referred under this section remains a public interest disclosure after it is referred.
26 Referral of disclosures by public officials
(1) A public official may refer any disclosure concerning an allegation of corrupt conduct, maladministration, serious and substantial waste or government information contravention made to the public official under Part 2 to an investigating authority or to another public official or a public authority considered by the public official to be appropriate in the circumstances, for investigation or other action.(1A) If the public official to whom the disclosure referred to in subsection (1) was made does not belong to the public authority or investigating authority to which the disclosure relates, the public official must refer the disclosure to the principal officer of, or officer who constitutes, the authority concerned, or to an investigating authority, for investigation or other action.(2) The public official may communicate to the investigating authority, the other public official or the public authority any information the public official has obtained during investigation (if any) of the matter concerned.(3) A public interest disclosure that is referred under this section remains a public interest disclosure after it is referred.
26A Transitional disclosure procedure when public authority becomes separate office within another public authority
(1) If a public authority becomes a separate office within another public authority (the new public authority), a disclosure made to the principal officer of the separate office during the transition period is taken to have been made to the principal officer of the new public authority.(2) The transition period is the period beginning when the public authority becomes a separate office within the new public authority and ending when either of the following happens:(a) a procedure is established by the new public authority that provides for the reporting of allegations of corrupt conduct, maladministration or serious and substantial waste of public money by officers of the separate office,(b) an existing procedure of the new public authority is varied or confirmed to be applicable to the reporting of allegations of corrupt conduct, maladministration or serious and substantial waste of public money by officers of the separate office.(3) A public authority can be the new public authority under this section even if the public authority is not newly created and even if it is formed by the amalgamation of 2 or more existing public authorities that become separate offices of the new public authority.
26B Ombudsman’s role in resolution of disputes
The regulations may make provision for or with respect to the conferring of functions on the Ombudsman in connection with the resolution of disputes arising as a result of a public official making a public interest disclosure.
27 Notification to person making disclosure
The investigating authority, public authority or officer to whom a disclosure is made under this Act or, if the disclosure is referred, the investigating authority, public authority or officer to whom the disclosure is referred must notify the person who made the disclosure, within 6 months of the disclosure being made, of the action taken or proposed to be taken in respect of the disclosure.
28 False or misleading disclosures
A public official must not, in making a disclosure to an investigating authority, public authority or public official, wilfully make any false statement to, or mislead or attempt to mislead, the investigating authority, public authority or public official.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
Proceedings for an offence against this Act are to be dealt with summarily before the Local Court.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) The Minister must not recommend the making of a regulation under this Act unless the Minister certifies that the Minister has consulted with the Steering Committee concerning the making of the regulation.
31 Reports to Parliament by public authorities
(1) Each public authority must, within 4 months after the end of each reporting year, prepare an annual report on the public authority’s obligations under this Act for submission to the Minister responsible for the public authority. A copy of the report is to be provided to the Ombudsman.(2) An annual report under this section must be tabled in each House of Parliament by the relevant Minister as soon as practicable after it is prepared unless it is included in an annual report prepared for the purposes of the Annual Reports (Departments) Act 1985 or the Annual Reports (Statutory Bodies) Act 1984.(3) The regulations may make provision for or with respect to:(a) the information to be included in annual reports, and(b) the form in which annual reports are to be prepared.(4) In this section, a reference to the reporting year of a public authority is a reference to:(a) the financial year of the public authority for the purposes of the Annual Reports (Departments) Act 1985 or the Annual Reports (Statutory Bodies) Act 1984, or(b) if the public authority does not have a financial year for the purposes of either of those Acts, the year ending 30 June.
31A Special report by Ombudsman
(1) The power of the Ombudsman to make a special report under section 31 (Special report to Parliament) of the Ombudsman Act 1974 extends to the making of a special report on any matter arising in connection with the discharge of the Ombudsman’s functions under or in connection with the operation of this Act, including systemic or other problems identified by the Ombudsman in connection with the operation of this Act.(2) A special report can include proposals for legislative change.(3) The Minister must table in each House of Parliament a response to any special report of the Ombudsman made pursuant to this section. The Minister’s response to a special report must address each proposal for legislative change included in the report.Note. The requirements of the Ombudsman Act 1974 apply in respect of a special report under section 31 of that Act on matters arising under this Act.
31B Review of Commonwealth legislation
(1) The Steering Committee is to review any legislation of the Commonwealth that is enacted in response to the 2009 report Whistleblower protection: A comprehensive scheme for the Commonwealth public sector of the House of Representatives Standing Committee on Legal and Constitutional Affairs.(2) The review is to be conducted within 6 months after the enactment of the Commonwealth legislation (or within 6 months after the commencement of this section if the Commonwealth legislation is enacted before the commencement of this section).(3) The Steering Committee is to provide the Minister with a report on the outcome of the review and any recommendations for reform of this Act arising from the review.(4) A copy of the Steering Committee’s report is to be tabled in each House of Parliament as soon as practicable after the report is provided to the Minister.
(1) A joint committee of members of Parliament is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) Without limiting subsection (1), the review is to consider:(a) the effectiveness of the amendments made by the Protected Disclosures Amendment (Public Interest Disclosures) Act 2010, in particular the amendments providing for the role of the Steering Committee and the Ombudsman, and(b) whether the structures in place to support the operation of the public interest disclosures scheme remain appropriate, and(c) the need for further review of the Act after the review under this section.(3) The joint committee is to consult on the review with each of the members of the Steering Committee and the members of the Steering Committee may assist the joint committee on the review and provide advice in connection with the review.(4) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Protected Disclosures Amendment (Public Interest Disclosures) Act 2010.(5) The joint committee is to report on the outcome of the review to both Houses of Parliament as soon as practicable after the completion of the review.(6) The Minister administering this Act is to provide a response to the outcome of the report to both Houses of Parliament within 6 months of the report being tabled.
33 Savings, transitional and other provisions
Schedule 2 has effect.