Commonwealth Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 50A

  (1)   If:

  (a)   the principal officer of the agency has decided under section   48 or 49 not to investigate the disclosure under this Division, or not to investigate the disclosure further; and

  (b)   the agency is not the Ombudsman, the IGIS or an intelligence agency; and

  (c)   if the agency is ACIC or the Australian Federal Police--the disclosure does not relate to the intelligence functions of the agency;

the principal officer must, as soon as reasonably practicable, give written notice to the Ombudsman of the decision, and of the reasons for the decision.

  (2)   If:

  (a)   the principal officer of the agency has decided under section   48 or 49 not to investigate the disclosure under this Division, or not to investigate the disclosure further; and

  (b)   either:

  (i)   the agency is an intelligence agency; or

  (ii)   the agency is ACIC or the Australian Federal Police, and the disclosure relates to the intelligence functions of the agency;

the principal officer must, as soon as reasonably practicable, give written notice to the IGIS of the decision, and of the reasons for the decision.

  (3)   The notice under subsection   (1) or (2) must:

  (a)   indicate whether the principal officer has taken action, or proposes to take action, under section   50AA in relation to the referral of the conduct disclosed for investigation under another law or power; and

  (b)   if the principal officer has taken, or proposes to take, such action--include details of the following:

  (i)   the other law or power;

  (ii)   the agency or other person or body to which the conduct has been, or is to be, referred;

  (iii)   the steps taken, or proposed to be taken, for the conduct to be referred or to facilitate its referral.

  (4)   If a stop action direction under the NACC Act prevents the principal officer of the agency from investigating, or further investigating, the disclosure under this Division, the principal officer must, as soon as reasonably practicable, give written notice of the stop action direction to:

  (a)   the Ombudsman (unless paragraph   (b) applies); or

  (b)   the IGIS, if the disclosure concerns conduct relating to:

  (i)   an intelligence agency; or

  (ii)   the IGIS; or

  (iii)   ACIC or the Australian Federal Police in relation to that agency's intelligence functions.