Protected Disclosures Act 1994 No 92
Historical version for 17 July 2001 to 13 December 2001 (accessed 24 May 2013 at 01:44) Current version
Part 4

Part 4 Miscellaneous

25   Referral of disclosures by investigating authorities

(1)  An investigating authority may refer any disclosure concerning an allegation of corrupt conduct, maladministration or serious and substantial waste 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.

26   Referral of disclosures by public officials

(1)  A public official may refer any disclosure concerning an allegation of corrupt conduct, maladministration or serious and substantial waste 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.
(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.

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.

29   Proceedings for offences

Proceedings for an offence against this Act are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.

30   Regulations

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.

31   (Repealed)

32   Review

(1)  A joint committee of members of Parliament is to review this Act.
(2)  The review is to be undertaken as soon as practicable after the expiration of one year after the date of assent to this Act, and after the expiration of each following period of 2 years.
(3)  The committee is to report to both Houses of Parliament as soon as practicable after the completion of each review.

33   Savings, transitional and other provisions

Schedule 2 has effect.
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