Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 29

Meaning of disclosable conduct

  (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.

 

Disclosable conduct

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

  (b)   the conduct:

  (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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback