(1) Disclosable conduct is conduct of a kind mentioned in the following table that is conduct:
(a) engaged in by an agency; or
(b) engaged in by a public official, in connection with his or her position as a public official; or
(c) engaged in by a contracted service provider for a Commonwealth contract, in connection with entering into, or giving effect to, that contract.
Item | Kinds of disclosable conduct |
1 | Conduct that contravenes a law of the Commonwealth, a State or a Territory. |
2 | Conduct, in a foreign country, that contravenes a law that: (a) is in force in the foreign country; and (b) is applicable to the agency, public official or contracted service provider; and (c) corresponds to a law in force in the Australian Capital Territory. |
3 | Conduct that: (a) perverts, or is engaged in for the purpose of perverting, or attempting to pervert, the course of justice; or (b) involves, or is engaged in for the purpose of, corruption of any other kind. |
4 | Conduct that constitutes maladministration, including conduct that: (a) is based, in whole or in part, on improper motives; or (b) is unreasonable, unjust or oppressive; or (c) is negligent. |
5 | Conduct that is an abuse of public trust. |
6 | Conduct that is: (a) fabrication, falsification, plagiarism, or deception, in relation to: (i) proposing scientific research; or (ii) carrying out scientific research; or (iii) reporting the results of scientific research; or (b) misconduct relating to scientific analysis, scientific evaluation or the giving of scientific advice. |
7 | Conduct that results in the wastage of: (a) relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); or (b) relevant property (within the meaning of that Act); or (c) money of a prescribed authority; or (d) property of a prescribed authority. |
8 | Conduct that: (a) unreasonably results in a danger to the health or safety of one or more persons; or (b) unreasonably results in, or increases, a risk of danger to the health or safety of one or more persons. |
9 | Conduct that: (a) results in a danger to the environment; or (b) results in, or increases, a risk of danger to the environment. |
10 | Conduct of a kind prescribed by the PID rules. |
(2) Without limiting subsection (1), the following are also disclosable conduct :
(a) conduct engaged in by a public official that involves, or is engaged in for the purpose of, the public official abusing his or her position as a public official;
(b) conduct engaged in by a public official that could, if proved, give reasonable grounds for disciplinary action resulting in the termination of the official's engagement or appointment.
(2A) Despite subsections (1) and (2), personal work - related conduct is not disclosable conduct unless:
(a) the conduct would constitute taking a reprisal against another person, or an offence under section 19 (reprisals in relation to disclosures--offences); or
(i) is of such a significant nature that it would undermine public confidence in an agency (or agencies); or
(ii) has other significant implications for an agency (or agencies).
Note 1: For personal work - related conduct , see section 29A.
Note 2: For what constitutes taking a reprisal , see section 13.
(2B) To avoid doubt, if a disclosure includes information that tends to show (or that may tend to show) disclosable conduct, the disclosure is not prevented from being a public interest disclosure only because:
(a) the disclosure includes other information; and
(b) the other information tends to show (or may tend to show) personal work - related conduct.
(3) For the purposes of this section, it is immaterial:
(a) whether conduct occurred before or after the commencement of this section; or
(b) if an agency has engaged in conduct--whether the agency has ceased to exist after the conduct occurred; or
(c) if a public official has engaged in conduct--whether the public official has ceased to be a public official after the conduct occurred; or
(d) if a contracted service provider has engaged in
conduct--whether the contracted service provider has ceased to be a
contracted service provider after the conduct occurred.