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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