Commonwealth Consolidated Acts

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PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 59

Additional obligations of principal officers

Facilitating public interest disclosures

  (1)   The principal officer of an agency must take reasonable steps to ensure that:

  (a)   the number of authorised officers of the agency is sufficient to ensure that they are readily accessible by public officials who belong to the agency; and

  (b)   public officials who belong to the agency are aware of the identity of each authorised officer of the agency.

  (2)   The principal officer of an agency must take reasonable steps to encourage and support:

  (a)   public officials who make, or are considering making, public interest disclosures relating to the agency; and

  (b)   any other persons who provide, or are considering providing, assistance in relation to such public interest disclosures.

Procedures for dealing with public interest disclosures

  (3)   The principal officer of an agency must, by instrument in writing, establish procedures for facilitating and dealing with public interest disclosures relating to the agency.

  (4)   The procedures must:

  (a)   deal with the assessment of risks that reprisals may be taken in relation to those disclosures; and

  (b)   provide for confidentiality of investigative processes; and

  (c)   comply with any standards in force under subsection   74(1).

  (5)   An instrument under subsection   (3) is not a legislative instrument.

Responding to investigations

  (6)   The principal officer of an agency must, as soon as reasonably practicable, ensure that appropriate action in relation to the agency is taken in response to any recommendations in a report under section   51.

Training and education

  (7)   The principal officer of an agency must take reasonable steps to provide ongoing training and education to public officials belonging to the agency about this Act including, without limitation, training and education about the following:

  (a)   integrity and accountability;

  (b)   how to make a public interest disclosure;

  (c)   the protections available under this Act;

  (d)   the performance by those officials of their functions under this Act;

  (e)   the circumstances (if any) in which a public interest disclosure must be referred to an agency, or other person or body, under another law of the Commonwealth.

  (8)   The principal officer of an agency must take reasonable steps to ensure that a public official belonging to the agency who is appointed to a position that requires, or could require, the public official to perform the functions or duties, or exercise the powers, of an authorised officer or supervisor under this Act is given training and education appropriate for the position within a reasonable time after that appointment.

Duty to protect public officials against reprisals

  (9)   The principal officer of an agency must take reasonable steps to protect public officials who belong to the agency against reprisals that have been, or may be, taken in relation to public interest disclosures that:

  (a)   have been made; or

  (b)   may have been made; or

  (c)   are proposed to be made; or

  (d)   could be made;

to an authorised officer or a supervisor belonging to the agency.


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