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PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 12A
Disclosures to LECC and LECC Inspector and to investigating authorities
12A Disclosures to LECC and LECC Inspector and to investigating authorities
(1) To be protected by this Act, a disclosure by a public official to the LECC
must-- (a) be made in accordance with the Law Enforcement Conduct Commission
Act 2016 , and
(b) be a disclosure of information that the person making the
disclosure honestly believes, on reasonable grounds, shows or tends to show
corrupt conduct, maladministration or serious and substantial waste of public
money by the NSW Police Force or a police officer or other member of the NSW
Police Force or the Crime Commission or a CC officer.
(2) To be protected by
this Act, a disclosure by a public official to the LECC Inspector must-- (a)
be made in accordance with the Law Enforcement Conduct Commission Act 2016 ,
and
(b) be a disclosure of information that the person making the disclosure
honestly believes, on reasonable grounds, shows or tends to show
corrupt conduct, maladministration or serious and substantial waste of public
money by the LECC, a LECC officer or a LECCI officer.
(3) To be protected by
this Act, a disclosure by a public official to an investigating authority
(being the Auditor-General, the Commission or the Ombudsman) concerning the
LECC or a LECC officer or the Crime Commission or a CC officer must relate to
a matter referred by the LECC Inspector to the investigating authority under
section 124 (1) (e) of the Law Enforcement Conduct Commission Act 2016 or by
the LECC under section 162 of that Act.
(4) Despite section 11, a disclosure
by a public official to the Ombudsman 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 the LECC Inspector, the LECC Inspector or a LECCI officer has
engaged or proposes to engage in conduct of a kind that amounts to
corrupt conduct or maladministration, or has seriously and substantially
wasted public money, is protected by this Act.
(5) The Ombudsman may
investigate, and report on, in accordance with the Ombudsman Act 1974 , any
matter raised by a disclosure made to it that is of a kind referred to in
subsection (4).
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