Commonwealth Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 60A

Scope

  (1)   This section applies if:

  (a)   a public official (the discloser ) discloses information to a supervisor of the official; and

  (b)   the supervisor has reasonable grounds to believe that the information concerns, or could concern, one or more instances of disclosable conduct; and

  (c)   the supervisor is not an authorised officer of the agency to which the supervisor belongs.

Obligation to explain matters to discloser

  (2)   The supervisor must:

  (a)   inform the discloser that the disclosure could be treated as an internal disclosure for the purposes of this Act; and

  (b)   explain to the discloser the procedures under this Act for such a disclosure to be:

  (i)   given to an authorised officer; and

  (ii)   allocated to the discloser's agency or another agency; and

  (iii)   investigated by the principal officer of that agency; and

  (c)   advise the individual about 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; and

  (d)   explain to the discloser the civil and criminal protections this Act provides to protect disclosers, and those providing assistance in relation to such disclosures, from reprisals.

Obligation to give information to an authorised officer

  (3)   The supervisor must, as soon as reasonably practicable after the disclosure is made, give the information to an authorised officer of the agency.