New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 79D

79D Meaning of "protected action" and "limited protected action"

(1) In this Part,
"protected action" means--

(a) complying with or performing a protected obligation, or

(b) making a complaint or disclosure of information to a primary agency about--

(i) a matter that concerns or may concern corrupt conduct, or

(ii) another matter the primary agency may deal with under this Act, or

Example : Under section 57B(1)(b), the Inspector may deal with complaints of abuse of power, impropriety and other forms of misconduct on the part of the Commission or officers of the Commission.

(c) appearing as a witness before a primary agency otherwise than by complying with or performing a protected obligation, or

(d) assisting a primary agency in some other way.

(2) However, the following are not protected action--

(a) making a public interest disclosure,

(b) wilfully making a false statement to, or misleading or attempting to mislead, a primary agency or person acting on behalf of a primary agency.

Note : Equivalent protections are available under the Public Interest Disclosures Act 2022 to persons who make public interest disclosures.

(3) In this Part,
"limited protected action" means protected action consisting only of 1 or more of the following--

(a) protected action mentioned in subsection (1)(b)(i), if the maker of the complaint or disclosure--

(i) is a public official within the meaning of the Public Interest Disclosures Act 2022 , and

(ii) does not honestly, and on reasonable grounds, believe the complaint or disclosure shows or tends to show corrupt conduct,

(b) protected action mentioned in subsection (1)(b)(ii),

(c) protected action mentioned in subsection (1)(d).