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PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 34

Meaning of authorised internal recipient

    The following table sets out who is an authorised internal recipient of a disclosure of information that the discloser believes on reasonable grounds may concern one or more instances of disclosable conduct.

 

Authorised internal recipients

Item

Column 1

If the conduct with which the disclosure is concerned relates to:

Column 2

An authorised officer of any of the following agencies is an authorised internal recipient of the disclosure:

1

an agency (other than an intelligence agency, the Ombudsman or the IGIS)

(a) in any case--that agency;

(b) the agency to which the discloser belongs, or last belonged;

(c) except if paragraph   (ca) applies, if the discloser believes on reasonable grounds that it would be appropriate for the disclosure to be investigated by the Ombudsman--the Ombudsman;

(ca) if the discloser believes on reasonable grounds that:

(i) the disclosure relates to action taken by ACIC or the Australian Federal Police in relation to that agency's intelligence functions; and

(ii) it would be appropriate for the disclosure to be investigated by the IGIS;

  the IGIS;

(d) if an investigative agency (other than the Ombudsman or the IGIS) has the power to investigate the disclosure otherwise than under this Act--the investigative agency.

2

an intelligence agency

(a) in any case--the intelligence agency;

(b) if the discloser believes on reasonable grounds that it would be appropriate for the disclosure to be investigated by the IGIS--the IGIS;

(c) if none of the information is intelligence information, and an investigative agency (other than the Ombudsman or the IGIS) has the power to investigate the disclosure otherwise than under this Act--the investigative agency.

3

the Ombudsman

the Ombudsman.

4

the IGIS

the IGIS.

Note 1:   For authorised officer , see section   36.

Note 2:   A discloser may also disclose information to his or her supervisor (who is then obliged under subsection   60A(3) to give the information to an authorised officer).


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