New South Wales Consolidated Acts

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PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 11

Disclosure to Ombudsman concerning maladministration

11 Disclosure to Ombudsman concerning maladministration

(1) To be protected by this Act, a disclosure by a public official to the Ombudsman must:
(a) be made in accordance with the Ombudsman Act 1974 , and
(b) be a disclosure of information that the person making the disclosure honestly believes, on reasonable grounds, shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on a public authority or another public official, the public authority or public official has engaged, is engaged or proposes to engage in conduct of a kind that amounts to maladministration.
(2) For the purposes of this Act, conduct is of a kind that amounts to maladministration if it involves action or inaction of a serious nature that is:
(a) contrary to law, or
(b) unreasonable, unjust, oppressive or improperly discriminatory, or
(c) based wholly or partly on improper motives.



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