Commonwealth Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 32

  (1)   Despite section   29, conduct is not disclosable conduct if it is:

  (a)   conduct of a judicial officer; or

  (b)   conduct of:

  (i)   the chief executive officer of a court; or

  (ii)   a member of the staff of the chief executive officer of a court;

    when exercising a power of the court, performing a function of a judicial nature or exercising a power of a judicial nature; or

  (c)   conduct of:

  (i)   a member of a Commonwealth tribunal; or

  (ii)   the chief executive officer of a Commonwealth tribunal; or

  (iii)   a member of the staff of the chief executive officer of a Commonwealth tribunal;

    when exercising a power of the Commonwealth tribunal; or

  (d)   any other conduct of, or relating to, a court or Commonwealth tribunal, unless the conduct:

  (i)   is of an administrative nature; and

  (ii)   does not relate to the management or hearing of matters before the court or tribunal.

  (2)   Judicial officer means:

  (a)   a Justice of the High Court; or

  (b)   a Judge or Justice of a court created by the Parliament; or

  (c)   a Judge, Justice or Magistrate of a court of a State or Territory.

  (3)   Member of the staff of the chief executive officer of a court or Commonwealth tribunal means:

  (a)   an officer of the court or Commonwealth tribunal (other than the chief executive officer); or

  (b)   a member of the staff of the registry or registries of the court or Commonwealth tribunal; or

  (c)   an officer or employee of an agency whose services are made available to the court or Commonwealth tribunal; or

  (d)   a person prescribed by the PID rules to be a member of the staff of the court or Commonwealth tribunal for the purposes of this Act.

Note:   For declaration by class, see subsection   13(3) of the Legislation Act 2003 .

  (4)   For the purposes of subsection   (3):

  (a)   a judicial officer of a court is not taken to be an officer of the court; and

  (b)   a member of a Commonwealth tribunal is not taken to be an officer of the tribunal; and

  (c)   if a statutory officeholder is a Commonwealth tribunal--the statutory officeholder is not taken to be an officer of the tribunal.