New South Wales Consolidated Acts
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PUBLIC INTEREST DISCLOSURES ACT 2022
- As at 14 July 2023
- Act 14 of 2022
TABLE OF PROVISIONS
Long Title
PART 1 - INTRODUCTION
Division 1 - Preliminary
1. Name of Act
2. Commencement
3. Objects of Act
4. Act binds Crown
5. Definitions
6. Legal personality and responsibilities of agency head
Division 2 - Relationship with other Acts and laws
7. General
8. Legally privileged communications
9. Privilege against self-incrimination
10. Public interest immunity
11. Powers of compulsion and entry
12. Corporations legislation
Division 3 - Key terms
Note
13. Meaning of "serious wrongdoing"
14. Meaning of "public official"
15. Meaning of "manager" of a public official
16. Meaning of "agency"
17. Meaning of "head" of an agency
18. Meaning of "disclosure officer" for an agency
19. Meaning of "integrity agency"
20. Key terms--relationships
PART 2 - PUBLIC INTEREST DISCLOSURES
Division 1 - General
21. Categories of public interest disclosure
22. Meaning of "witness public interest disclosure"
23. Meaning of "mandatory public interest disclosure"
Division 2 - Voluntary public interest disclosures
24. Meaning of "voluntary public interest disclosure"
25. Makers of voluntary public interest disclosures
26. Content of voluntary public interest disclosures
27. Recipients of voluntary public interest disclosures
28. Voluntary public interest disclosures to members of Parliament or journalists
29. Deemed voluntary public interest disclosures
PART 3 - PROTECTIONS
Division 1 - General
30. Application of Part
31. Reasonable management action not prevented
Division 2 - Detrimental action
32. Meaning of "detriment" and "detrimental action"
33. Detrimental action offence
34. Detrimental action offence--referrals of information
35. Detrimental action--recovery of damages
36. Employer liability for detrimental action by employee
37. Injunctions relating to detrimental action
38. Immunity from costs orders
39. Detrimental action--relationship between criminal and civil proceedings
Division 3 - Civil and criminal liability
40. Protections from liability for makers of public interest disclosures
41. Disclosures of own past conduct
PART 4 - PUBLIC INTEREST DISCLOSURE POLICIES
42. Policy mandatory for agencies
43. Content of policy
44. Relationship between policy and Ombudsman's guidelines
45. Adoption of model policy
46. Review and update of policy
47. Publication requirements
48. Agency to ensure awareness of employees and other persons
PART 5 - RECEIVING AND DEALING WITH VOLUNTARY PUBLIC INTEREST DISCLOSURES
Division 1 - Receipt of disclosures
49. Agency obligation on receipt of disclosures that are or may be voluntary public interest disclosures
50. Agency receipt of disclosures
51. Obligation of managers of public officials
52. Obligation of Ministers and staff members
53. Written record of oral disclosures
Division 2 - Dealing with voluntary public interest disclosures
54. Agency action under Division
55. Voluntary public interest disclosures relating to agency
56. Voluntary public interest disclosures not relating to agency
57. Referrals
58. Additional investigative powers
59. Information to be provided to disclosers
60. Internal review of certain agency decisions
61. Risk management
62. Risk management--agency liability
63. Regulations
Division 3 - Miscellaneous
64. Identifying information not to be disclosed
65. Obligation to assist in investigation
66. Corrective action
PART 6 - OVERSIGHT OF ACT
Division 1 - Steering Committee
67. Constitution of Steering Committee
68. Functions of Steering Committee
69. Appointment of nominees
70. Quorum for Steering Committee
71. Procedures of Steering Committee
Division 2 - Functions of Ombudsman and reporting requirements
72. Functions of Ombudsman--general
73. Ombudsman's guidelines
74. Voluntary dispute resolution
75. Provision of information to Ombudsman for audit and monitoring purposes
76. Annual report by Ombudsman
77. Special report by Ombudsman
78. Agencies to provide annual return to Ombudsman
PART 7 - MISCELLANEOUS
79. Application of Act unaffected by certain matters
80. Delegation of functions of agency head
81. Exercise of functions on behalf of agency
82. Agency service contracts
83. Provision of information relating to public interest disclosures
84. False or misleading statements
85. Offences relating to influencing or impeding other persons
86. Proceedings for offences
87. Rights and privileges of Parliament
88. Regulations
89. Review of Act
90. Repeals
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
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