{"id":"qld:act-2010-038","name":"Public Interest Disclosure Act 2010","slug":"public-interest-disclosure-act-2010","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"38 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29839,"registerId":"qld-act-2010-038-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Interest Disclosure Act 2010 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Main objects","content":"# Main objects","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main objects of Act","content":"### sec.3 Main objects of Act\n\nThe main objects of this Act are—\nto promote the public interest by facilitating public interest disclosures of wrongdoing in the public sector; and\nto ensure that public interest disclosures are properly assessed and, when appropriate, properly investigated and dealt with; and\nto ensure that appropriate consideration is given to the interests of persons who are the subject of a public interest disclosure; and\nto afford protection from reprisals to persons making public interest disclosures.\n- (a) to promote the public interest by facilitating public interest disclosures of wrongdoing in the public sector; and\n- (b) to ensure that public interest disclosures are properly assessed and, when appropriate, properly investigated and dealt with; and\n- (c) to ensure that appropriate consideration is given to the interests of persons who are the subject of a public interest disclosure; and\n- (d) to afford protection from reprisals to persons making public interest disclosures.","sortOrder":4},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of proper authority","content":"### sec.5 Meaning of proper authority\n\nA proper authority is—\na public sector entity; or\na member of the Legislative Assembly.\n- (a) a public sector entity; or\n- (b) a member of the Legislative Assembly.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of public sector entity","content":"### sec.6 Meaning of public sector entity\n\nA public sector entity is any of the following—\na committee of the Legislative Assembly, whether or not a statutory committee;\nthe parliamentary service;\na court or tribunal;\nthe administrative office attached to a court or tribunal;\nthe Executive Council;\na department;\nThe following are, or are included in, departments—\nthe Queensland Ambulance Service\nthe Queensland Fire and Rescue Service\nthe Queensland Police Service.\na local government;\na registered higher education provider or TAFE Queensland;\nan entity established under an Act or under State or local government authorisation for a public, State or local government purpose;\nan entity, prescribed under a regulation, that is assisted by public funds.\nHowever, the following are not public sector entities—\na corporate entity, other than to the extent expressly stated in this Act;\na GOC, other than to the extent expressly stated in this Act;\nthe following entities under the Education (General Provisions) Act 2006 —\nan advisory committee;\na non-State school;\na parents and citizens association;\nan entity prescribed under a regulation.\nAlso, a State educational institution or school council is part of the department in which the Education (General Provisions) Act 2006 is administered.\nSee also the Corrective Services Act 2006 , section 273 (5) .\nIn this section—\nregistered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .\nTAFE Queensland means TAFE Queensland established under the TAFE Queensland Act 2013 , section 5 (1) .\ns 6 amd 2013 No. 27 s 70 sch 1 pt 2 ; 2014 No. 4 s 44 sch 1 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2014 No. 62 s 140 sch 1 ; 2020 No. 3 s 136 sch 1\n(sec.6-ssec.1) A public sector entity is any of the following— a committee of the Legislative Assembly, whether or not a statutory committee; the parliamentary service; a court or tribunal; the administrative office attached to a court or tribunal; the Executive Council; a department; The following are, or are included in, departments— the Queensland Ambulance Service the Queensland Fire and Rescue Service the Queensland Police Service. a local government; a registered higher education provider or TAFE Queensland; an entity established under an Act or under State or local government authorisation for a public, State or local government purpose; an entity, prescribed under a regulation, that is assisted by public funds.\n(sec.6-ssec.2) However, the following are not public sector entities— a corporate entity, other than to the extent expressly stated in this Act; a GOC, other than to the extent expressly stated in this Act; the following entities under the Education (General Provisions) Act 2006 — an advisory committee; a non-State school; a parents and citizens association; an entity prescribed under a regulation.\n(sec.6-ssec.3) Also, a State educational institution or school council is part of the department in which the Education (General Provisions) Act 2006 is administered. See also the Corrective Services Act 2006 , section 273 (5) .\n(sec.6-ssec.4) In this section— registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 . TAFE Queensland means TAFE Queensland established under the TAFE Queensland Act 2013 , section 5 (1) .\n- (a) a committee of the Legislative Assembly, whether or not a statutory committee;\n- (b) the parliamentary service;\n- (c) a court or tribunal;\n- (d) the administrative office attached to a court or tribunal;\n- (e) the Executive Council;\n- (f) a department; Note— The following are, or are included in, departments— • the Queensland Ambulance Service • the Queensland Fire and Rescue Service • the Queensland Police Service.\n- • the Queensland Ambulance Service\n- • the Queensland Fire and Rescue Service\n- • the Queensland Police Service.\n- (g) a local government;\n- (h) a registered higher education provider or TAFE Queensland;\n- (j) an entity established under an Act or under State or local government authorisation for a public, State or local government purpose;\n- (k) an entity, prescribed under a regulation, that is assisted by public funds.\n- • the Queensland Ambulance Service\n- • the Queensland Fire and Rescue Service\n- • the Queensland Police Service.\n- (a) a corporate entity, other than to the extent expressly stated in this Act;\n- (b) a GOC, other than to the extent expressly stated in this Act;\n- (c) the following entities under the Education (General Provisions) Act 2006 — (i) an advisory committee; (ii) a non-State school; (iii) a parents and citizens association;\n- (i) an advisory committee;\n- (ii) a non-State school;\n- (iii) a parents and citizens association;\n- (d) an entity prescribed under a regulation.\n- (i) an advisory committee;\n- (ii) a non-State school;\n- (iii) a parents and citizens association;","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of public officer","content":"### sec.7 Meaning of public officer\n\nA public officer , of a public sector entity, is an employee, member or officer of the entity.\nAlso—\nthe Minister responsible for the administration of a department is a public officer of the department; and\na member of a school council is a public officer of the department in which the Education (General Provisions) Act 2006 is administered; and\na Ministerial staff member employed in the office of a Minister is a public officer of each department administered by the Minister; and\na Ministerial staff member employed in the office of an Assistant Minister is a public officer of each department for which the Assistant Minister is given responsibility under her or his functions.\nUnder the Constitution of Queensland 2001 , section 25 , an Assistant Minister has the functions decided by the Premier.\nIn this section—\nAssistant Minister means a member of the Legislative Assembly appointed as an Assistant Minister under the Constitution of Queensland 2001 , section 24 .\nministerial staff member means a person employed under the Ministerial and Other Office Holder Staff Act 2010 as a staff member in the office of a Minister.\ns 7 amd 2012 No. 6 s 27 sch amdts 1(1)(d), (2), 2(1)(e), (2)\n(sec.7-ssec.1) A public officer , of a public sector entity, is an employee, member or officer of the entity.\n(sec.7-ssec.2) Also— the Minister responsible for the administration of a department is a public officer of the department; and a member of a school council is a public officer of the department in which the Education (General Provisions) Act 2006 is administered; and a Ministerial staff member employed in the office of a Minister is a public officer of each department administered by the Minister; and a Ministerial staff member employed in the office of an Assistant Minister is a public officer of each department for which the Assistant Minister is given responsibility under her or his functions. Under the Constitution of Queensland 2001 , section 25 , an Assistant Minister has the functions decided by the Premier.\n(sec.7-ssec.3) In this section— Assistant Minister means a member of the Legislative Assembly appointed as an Assistant Minister under the Constitution of Queensland 2001 , section 24 . ministerial staff member means a person employed under the Ministerial and Other Office Holder Staff Act 2010 as a staff member in the office of a Minister.\n- (a) the Minister responsible for the administration of a department is a public officer of the department; and\n- (b) a member of a school council is a public officer of the department in which the Education (General Provisions) Act 2006 is administered; and\n- (c) a Ministerial staff member employed in the office of a Minister is a public officer of each department administered by the Minister; and\n- (d) a Ministerial staff member employed in the office of an Assistant Minister is a public officer of each department for which the Assistant Minister is given responsibility under her or his functions. Note— Under the Constitution of Queensland 2001 , section 25 , an Assistant Minister has the functions decided by the Premier.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of chief executive officer","content":"### sec.8 Meaning of chief executive officer\n\nThe chief executive officer of a public sector entity includes, if the entity is listed in schedule 1 , a person mentioned in the schedule as chief executive officer of the entity.\nA regulation may prescribe a person who is to be treated as a chief executive officer of a particular public sector entity for all or particular public interest disclosures.\nA regulation under subsection (2) may not prescribe a chief executive officer for a public sector entity mentioned in schedule 1 , other than a part of a department.\n(sec.8-ssec.1) The chief executive officer of a public sector entity includes, if the entity is listed in schedule 1 , a person mentioned in the schedule as chief executive officer of the entity.\n(sec.8-ssec.2) A regulation may prescribe a person who is to be treated as a chief executive officer of a particular public sector entity for all or particular public interest disclosures.\n(sec.8-ssec.3) A regulation under subsection (2) may not prescribe a chief executive officer for a public sector entity mentioned in schedule 1 , other than a part of a department.","sortOrder":10},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Operation of Act","content":"# Operation of Act","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act binds all persons","content":"### sec.9 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Other protection saved","content":"### sec.10 Other protection saved\n\nThis Act does not limit the protection given by another law to a person who makes a disclosure of any type or affect another remedy available to the person.\nIf there is an inconsistency between this Act and another law mentioned in subsection (1) , the other law prevails to the extent of the inconsistency.\n(sec.10-ssec.1) This Act does not limit the protection given by another law to a person who makes a disclosure of any type or affect another remedy available to the person.\n(sec.10-ssec.2) If there is an inconsistency between this Act and another law mentioned in subsection (1) , the other law prevails to the extent of the inconsistency.","sortOrder":13},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of public interest disclosure","content":"### sec.11 Meaning of public interest disclosure\n\nA public interest disclosure is a disclosure under this chapter and includes all information and help given by the discloser to a proper authority for the disclosure.\nThis chapter sets out requirements about the information that may be disclosed and who may disclose it, to whom, and how.","sortOrder":15},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"General public interest disclosures","content":"# General public interest disclosures","sortOrder":16},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Information that may be disclosed and who may disclose it","content":"## Information that may be disclosed and who may disclose it","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Disclosure by any person","content":"### sec.12 Disclosure by any person\n\nThis section applies if a person (whether or not the person is a public officer) has information about—\na substantial and specific danger to the health or safety of a person with a disability; or\nthe commission of an offence against a provision mentioned in schedule 2 , if the commission of the offence is or would be a substantial and specific danger to the environment; or\na contravention of a condition imposed under a provision mentioned in schedule 2 , if the contravention is or would be a substantial and specific danger to the environment; or\nthe conduct of another person that could, if proved, be a reprisal.\nThe person may make a disclosure under section 17 in relation to the information to a proper authority.\nFor subsection (1) , a person has information about the conduct of another person or another matter if—\nthe person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or\nthe information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.\n(sec.12-ssec.1) This section applies if a person (whether or not the person is a public officer) has information about— a substantial and specific danger to the health or safety of a person with a disability; or the commission of an offence against a provision mentioned in schedule 2 , if the commission of the offence is or would be a substantial and specific danger to the environment; or a contravention of a condition imposed under a provision mentioned in schedule 2 , if the contravention is or would be a substantial and specific danger to the environment; or the conduct of another person that could, if proved, be a reprisal.\n(sec.12-ssec.2) The person may make a disclosure under section 17 in relation to the information to a proper authority.\n(sec.12-ssec.3) For subsection (1) , a person has information about the conduct of another person or another matter if— the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.\n- (a) a substantial and specific danger to the health or safety of a person with a disability; or\n- (b) the commission of an offence against a provision mentioned in schedule 2 , if the commission of the offence is or would be a substantial and specific danger to the environment; or\n- (c) a contravention of a condition imposed under a provision mentioned in schedule 2 , if the contravention is or would be a substantial and specific danger to the environment; or\n- (d) the conduct of another person that could, if proved, be a reprisal.\n- (a) the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or\n- (b) the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Disclosure by a public officer","content":"### sec.13 Disclosure by a public officer\n\nThis section applies if a person who is a public officer has information about—\nthe conduct of another person that could, if proved, be—\ncorrupt conduct; or\nmaladministration that adversely affects a person’s interests in a substantial and specific way; or\na substantial misuse of public resources (other than an alleged misuse based on mere disagreement over policy that may properly be adopted about amounts, purposes or priorities of expenditure); or\na substantial and specific danger to public health or safety; or\na substantial and specific danger to the environment.\nThe person may make a disclosure under section 17 in relation to the information to a proper authority.\nFor subsection (1) , a person has information about the conduct of another person or another matter if—\nthe person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or\nthe information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.\nIf the other person is a commission officer, subsection (1) (a) (i) applies as though the Crime and Corruption Commission were a unit of public administration.\nIn this section—\ncommission officer see the Crime and Corruption Act 2001 , schedule 2 , definition commission officer , paragraph (a) .\nunit of public administration see the Crime and Corruption Act 2001 , section 20 .\ns 13 amd 2014 No. 21 s 94 (2) sch 2 ; 2024 No. 41 s 50\n(sec.13-ssec.1) This section applies if a person who is a public officer has information about— the conduct of another person that could, if proved, be— corrupt conduct; or maladministration that adversely affects a person’s interests in a substantial and specific way; or a substantial misuse of public resources (other than an alleged misuse based on mere disagreement over policy that may properly be adopted about amounts, purposes or priorities of expenditure); or a substantial and specific danger to public health or safety; or a substantial and specific danger to the environment.\n(sec.13-ssec.2) The person may make a disclosure under section 17 in relation to the information to a proper authority.\n(sec.13-ssec.3) For subsection (1) , a person has information about the conduct of another person or another matter if— the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.\n(sec.13-ssec.4) If the other person is a commission officer, subsection (1) (a) (i) applies as though the Crime and Corruption Commission were a unit of public administration.\n(sec.13-ssec.5) In this section— commission officer see the Crime and Corruption Act 2001 , schedule 2 , definition commission officer , paragraph (a) . unit of public administration see the Crime and Corruption Act 2001 , section 20 .\n- (a) the conduct of another person that could, if proved, be— (i) corrupt conduct; or (ii) maladministration that adversely affects a person’s interests in a substantial and specific way; or\n- (i) corrupt conduct; or\n- (ii) maladministration that adversely affects a person’s interests in a substantial and specific way; or\n- (b) a substantial misuse of public resources (other than an alleged misuse based on mere disagreement over policy that may properly be adopted about amounts, purposes or priorities of expenditure); or\n- (c) a substantial and specific danger to public health or safety; or\n- (d) a substantial and specific danger to the environment.\n- (i) corrupt conduct; or\n- (ii) maladministration that adversely affects a person’s interests in a substantial and specific way; or\n- (a) the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or\n- (b) the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.","sortOrder":19},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"To whom disclosure may be made","content":"## To whom disclosure may be made","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"When member of the Legislative Assembly is a proper authority","content":"### sec.14 When member of the Legislative Assembly is a proper authority\n\nA member of the Legislative Assembly is a proper authority to whom a person may make any disclosure under section 12 or 13 .\nHowever, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer.\n(sec.14-ssec.1) A member of the Legislative Assembly is a proper authority to whom a person may make any disclosure under section 12 or 13 .\n(sec.14-ssec.2) However, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Public sector entity is a proper authority if particular connection","content":"### sec.15 Public sector entity is a proper authority if particular connection\n\nA public sector entity is a proper authority to which a person may make a disclosure under section 12 or 13 if—\nthe information that is the subject of the disclosure relates to—\nthe conduct of the entity or any of its public officers; or\nanything the entity has a power to investigate or remedy; or\nthe conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or\nthe person honestly believes that the information that is the subject of the disclosure relates to a matter mentioned in paragraph (a) .\nHowever, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer.\n(sec.15-ssec.1) A public sector entity is a proper authority to which a person may make a disclosure under section 12 or 13 if— the information that is the subject of the disclosure relates to— the conduct of the entity or any of its public officers; or anything the entity has a power to investigate or remedy; or the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or the person honestly believes that the information that is the subject of the disclosure relates to a matter mentioned in paragraph (a) .\n(sec.15-ssec.2) However, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer.\n- (a) the information that is the subject of the disclosure relates to— (i) the conduct of the entity or any of its public officers; or (ii) anything the entity has a power to investigate or remedy; or (iii) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or\n- (i) the conduct of the entity or any of its public officers; or\n- (ii) anything the entity has a power to investigate or remedy; or\n- (iii) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or\n- (b) the person honestly believes that the information that is the subject of the disclosure relates to a matter mentioned in paragraph (a) .\n- (i) the conduct of the entity or any of its public officers; or\n- (ii) anything the entity has a power to investigate or remedy; or\n- (iii) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Chief judicial officer etc. is only proper authority","content":"### sec.16 Chief judicial officer etc. is only proper authority\n\nThis section applies to a disclosure relating to a judicial officer, other than a disclosure made under section 23 .\nA disclosure relating to a judicial officer that could, if the conduct were proved, be corrupt conduct or a reprisal relating to a previous disclosure under this Act, may be made only—\nto the chief judicial officer of the relevant court or tribunal; or\nto the Crime and Corruption Commission.\nAnother disclosure relating to a judicial officer may be made only to the chief judicial officer of the relevant court or tribunal.\nA chief judicial officer of a court or tribunal may receive a public interest disclosure only if the disclosure is about the conduct of another judicial officer of the court or tribunal.\nThe chief judicial officer may refer a public interest disclosure made to the chief judicial officer about the conduct of another judicial officer to a proper authority that is a public sector entity.\nSection 31 (2) to (5) applies to a referral under subsection (5) as if the chief judicial officer were a public sector entity.\nIn this section—\ndisclosure relating to a judicial officer means a disclosure where the information that is the subject of the disclosure relates to the conduct of the judicial officer.\nrelevant court or tribunal , for a judicial officer, is the court or tribunal of which the judicial officer is a member or to which the judicial officer is attached.\ns 16 amd 2014 No. 21 s 94 (2) sch 2\n(sec.16-ssec.1) This section applies to a disclosure relating to a judicial officer, other than a disclosure made under section 23 .\n(sec.16-ssec.2) A disclosure relating to a judicial officer that could, if the conduct were proved, be corrupt conduct or a reprisal relating to a previous disclosure under this Act, may be made only— to the chief judicial officer of the relevant court or tribunal; or to the Crime and Corruption Commission.\n(sec.16-ssec.3) Another disclosure relating to a judicial officer may be made only to the chief judicial officer of the relevant court or tribunal.\n(sec.16-ssec.4) A chief judicial officer of a court or tribunal may receive a public interest disclosure only if the disclosure is about the conduct of another judicial officer of the court or tribunal.\n(sec.16-ssec.5) The chief judicial officer may refer a public interest disclosure made to the chief judicial officer about the conduct of another judicial officer to a proper authority that is a public sector entity.\n(sec.16-ssec.6) Section 31 (2) to (5) applies to a referral under subsection (5) as if the chief judicial officer were a public sector entity.\n(sec.16-ssec.7) In this section— disclosure relating to a judicial officer means a disclosure where the information that is the subject of the disclosure relates to the conduct of the judicial officer. relevant court or tribunal , for a judicial officer, is the court or tribunal of which the judicial officer is a member or to which the judicial officer is attached.\n- (a) to the chief judicial officer of the relevant court or tribunal; or\n- (b) to the Crime and Corruption Commission.","sortOrder":23},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"How disclosure may be made","content":"## How disclosure may be made","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"How disclosure to be made","content":"### sec.17 How disclosure to be made\n\nA person may make a disclosure to a proper authority in any way, including anonymously.\nHowever, if a proper authority has a reasonable procedure for making a public interest disclosure to the proper authority, the person must use the procedure.\nDespite subsection (2) , if the proper authority is a public sector entity, the person may make the disclosure to—\nits chief executive officer; or\nfor a public sector entity that is a department—the Minister responsible for its administration; or\nif the proper authority that is a public sector entity has a governing body—a member of its governing body; or\nif the person is an officer of the entity—another person who, directly or indirectly, supervises or manages the person; or\nan officer of the entity who has the function of receiving or taking action on the type of information being disclosed.\nan officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i)\na health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d)\nthe officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity\nThis Act does not affect a procedure required under another Act for disclosing the type of information being disclosed.\nIf a public interest disclosure is properly made to a proper authority, the proper authority is taken to have received the disclosure for the purposes of this Act.\n(sec.17-ssec.1) A person may make a disclosure to a proper authority in any way, including anonymously.\n(sec.17-ssec.2) However, if a proper authority has a reasonable procedure for making a public interest disclosure to the proper authority, the person must use the procedure.\n(sec.17-ssec.3) Despite subsection (2) , if the proper authority is a public sector entity, the person may make the disclosure to— its chief executive officer; or for a public sector entity that is a department—the Minister responsible for its administration; or if the proper authority that is a public sector entity has a governing body—a member of its governing body; or if the person is an officer of the entity—another person who, directly or indirectly, supervises or manages the person; or an officer of the entity who has the function of receiving or taking action on the type of information being disclosed. an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i) a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d) the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity\n(sec.17-ssec.4) This Act does not affect a procedure required under another Act for disclosing the type of information being disclosed.\n(sec.17-ssec.5) If a public interest disclosure is properly made to a proper authority, the proper authority is taken to have received the disclosure for the purposes of this Act.\n- (a) its chief executive officer; or\n- (b) for a public sector entity that is a department—the Minister responsible for its administration; or\n- (c) if the proper authority that is a public sector entity has a governing body—a member of its governing body; or\n- (d) if the person is an officer of the entity—another person who, directly or indirectly, supervises or manages the person; or\n- (e) an officer of the entity who has the function of receiving or taking action on the type of information being disclosed. Examples of officers for paragraph (e) — 1 an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i) 2 a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d) 3 the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity\n- 1 an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i)\n- 2 a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d)\n- 3 the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity\n- 1 an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i)\n- 2 a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d)\n- 3 the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disclosure concerning corporate entity","content":"### sec.18 Disclosure concerning corporate entity\n\ns 18 om 2012 No. 33 s 192 sch\namd 2014 No. 21 s 94 (2) sch 2 (amdts could not be given effect)","sortOrder":26},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Specific public interest disclosures—corporate entities and GOCs","content":"# Specific public interest disclosures—corporate entities and GOCs","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disclosure concerning GOC or rail government entity","content":"### sec.19 Disclosure concerning GOC or rail government entity\n\nThis section applies if an employee of a GOC or rail government entity has information about—\nthe conduct of another employee of the GOC or rail government entity, that could, if proved, be corrupt conduct; or\nthe conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the employee to the GOC, rail government entity or the Crime and Corruption Commission.\nThe employee may make a disclosure in relation to the information to the GOC, rail government entity or the Crime and Corruption Commission.\nFor subsection (1) , an employee has information about the conduct of a person if—\nthe employee honestly believes on reasonable grounds that the information tends to show the conduct; or\nthe information tends to show the conduct, regardless of whether the employee honestly believes the information tends to show the conduct.\nThe employee may make a disclosure under this section in any way, including anonymously.\nHowever, for a disclosure to a GOC or rail government entity, if the GOC or rail government entity has a reasonable procedure for making a public interest disclosure to the GOC or rail government entity, the employee must use the procedure.\nThis Act does not affect a procedure required under another Act for disclosing the type of information being disclosed.\nIf a public interest disclosure is properly made to a GOC or rail government entity, the GOC or rail government entity is taken to have received the disclosure for the purposes of this Act.\nThis section does not affect—\nthe making of a public interest disclosure by any person under section 12 ; or\nthe making of a complaint to the Crime and Corruption Commission under the Crime and Corruption Act 2001 .\nThis section does not affect a referral under section 31 —\nfrom a GOC or rail government entity to a public sector entity of a public interest disclosure made to the GOC or rail government entity under this section; or\nfrom a public sector entity to a GOC or rail government entity of a public interest disclosure made to the public sector entity under section 15 .\nThis section is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to section 1317AE of that Act.\nThe Corporations Act , section 5G , provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\ns 19 amd 2013 No. 19 s 120 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 9 s 97\n(sec.19-ssec.1) This section applies if an employee of a GOC or rail government entity has information about— the conduct of another employee of the GOC or rail government entity, that could, if proved, be corrupt conduct; or the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the employee to the GOC, rail government entity or the Crime and Corruption Commission.\n(sec.19-ssec.2) The employee may make a disclosure in relation to the information to the GOC, rail government entity or the Crime and Corruption Commission.\n(sec.19-ssec.3) For subsection (1) , an employee has information about the conduct of a person if— the employee honestly believes on reasonable grounds that the information tends to show the conduct; or the information tends to show the conduct, regardless of whether the employee honestly believes the information tends to show the conduct.\n(sec.19-ssec.4) The employee may make a disclosure under this section in any way, including anonymously.\n(sec.19-ssec.5) However, for a disclosure to a GOC or rail government entity, if the GOC or rail government entity has a reasonable procedure for making a public interest disclosure to the GOC or rail government entity, the employee must use the procedure.\n(sec.19-ssec.6) This Act does not affect a procedure required under another Act for disclosing the type of information being disclosed.\n(sec.19-ssec.7) If a public interest disclosure is properly made to a GOC or rail government entity, the GOC or rail government entity is taken to have received the disclosure for the purposes of this Act.\n(sec.19-ssec.8) This section does not affect— the making of a public interest disclosure by any person under section 12 ; or the making of a complaint to the Crime and Corruption Commission under the Crime and Corruption Act 2001 .\n(sec.19-ssec.9) This section does not affect a referral under section 31 — from a GOC or rail government entity to a public sector entity of a public interest disclosure made to the GOC or rail government entity under this section; or from a public sector entity to a GOC or rail government entity of a public interest disclosure made to the public sector entity under section 15 .\n(sec.19-ssec.10) This section is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to section 1317AE of that Act. The Corporations Act , section 5G , provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n- (a) the conduct of another employee of the GOC or rail government entity, that could, if proved, be corrupt conduct; or\n- (b) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the employee to the GOC, rail government entity or the Crime and Corruption Commission.\n- (a) the employee honestly believes on reasonable grounds that the information tends to show the conduct; or\n- (b) the information tends to show the conduct, regardless of whether the employee honestly believes the information tends to show the conduct.\n- (a) the making of a public interest disclosure by any person under section 12 ; or\n- (b) the making of a complaint to the Crime and Corruption Commission under the Crime and Corruption Act 2001 .\n- (a) from a GOC or rail government entity to a public sector entity of a public interest disclosure made to the GOC or rail government entity under this section; or\n- (b) from a public sector entity to a GOC or rail government entity of a public interest disclosure made to the public sector entity under section 15 .","sortOrder":28},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Public interest disclosures to journalists","content":"# Public interest disclosures to journalists","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"When disclosure may be made to a journalist","content":"### sec.20 When disclosure may be made to a journalist\n\nThis section applies if—\na person has made a public interest disclosure under this chapter; and\nthe entity to which the disclosure was made or, if the disclosure was referred under section 31 or 34 , the entity to which the disclosure was referred—\ndecided not to investigate or deal with the disclosure; or\ninvestigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or\ndid not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.\nThe person may make a disclosure of substantially the same information that was the subject of the public interest disclosure mentioned in subsection (1) (a) to a journalist.\nTo remove any doubt, it is declared that—\nthe disclosure of information to a journalist under this section is a public interest disclosure; and\na journalist to whom information is disclosed under this section is not a relevant person for the purposes of section 64 ; and\na journalist to whom information is disclosed under this section does not, for the purposes of section 65 , gain the information because of the journalist’s involvement in this Act’s administration.\nIn this section—\njournalist means a person engaged in the occupation of writing or editing material intended for publication in the print or electronic news media.\n(sec.20-ssec.1) This section applies if— a person has made a public interest disclosure under this chapter; and the entity to which the disclosure was made or, if the disclosure was referred under section 31 or 34 , the entity to which the disclosure was referred— decided not to investigate or deal with the disclosure; or investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.\n(sec.20-ssec.2) The person may make a disclosure of substantially the same information that was the subject of the public interest disclosure mentioned in subsection (1) (a) to a journalist.\n(sec.20-ssec.3) To remove any doubt, it is declared that— the disclosure of information to a journalist under this section is a public interest disclosure; and a journalist to whom information is disclosed under this section is not a relevant person for the purposes of section 64 ; and a journalist to whom information is disclosed under this section does not, for the purposes of section 65 , gain the information because of the journalist’s involvement in this Act’s administration.\n(sec.20-ssec.4) In this section— journalist means a person engaged in the occupation of writing or editing material intended for publication in the print or electronic news media.\n- (a) a person has made a public interest disclosure under this chapter; and\n- (b) the entity to which the disclosure was made or, if the disclosure was referred under section 31 or 34 , the entity to which the disclosure was referred— (i) decided not to investigate or deal with the disclosure; or (ii) investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or (iii) did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.\n- (i) decided not to investigate or deal with the disclosure; or\n- (ii) investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or\n- (iii) did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.\n- (i) decided not to investigate or deal with the disclosure; or\n- (ii) investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or\n- (iii) did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.\n- (a) the disclosure of information to a journalist under this section is a public interest disclosure; and\n- (b) a journalist to whom information is disclosed under this section is not a relevant person for the purposes of section 64 ; and\n- (c) a journalist to whom information is disclosed under this section does not, for the purposes of section 65 , gain the information because of the journalist’s involvement in this Act’s administration.","sortOrder":30},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conduct of unknown person","content":"### sec.21 Conduct of unknown person\n\nA person may make a public interest disclosure whether or not the person is able to identify a particular person to whom the information disclosed relates.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Involuntary disclosure","content":"### sec.22 Involuntary disclosure\n\nA person may make a public interest disclosure even though the person makes it under a legal requirement.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Disclosure in court or tribunal proceeding","content":"### sec.23 Disclosure in court or tribunal proceeding\n\nThe section applies if a person—\nhas information that the person may disclose as a public interest disclosure to a proper authority; and\ndiscloses the information to a court or tribunal in a proceeding in which the information is relevant and admissible.\nThe disclosure is taken to be a public interest disclosure made to the court or tribunal as a proper authority under section 15 (1) (a) (ii) .\nThe court or tribunal may refer the disclosure to another proper authority.\nSection 31 (2) to (5) applies to a referral under subsection (3) as if the court or tribunal were a public sector entity.\nThe fact that a court or tribunal is treated as a public sector entity under this Act, and therefore can be a proper authority under section 15 (1) (a) (ii) to receive a public interest disclosure, does not give a person a right to take a proceeding before the court or tribunal that the person does not have apart from this Act.\n(sec.23-ssec.1) The section applies if a person— has information that the person may disclose as a public interest disclosure to a proper authority; and discloses the information to a court or tribunal in a proceeding in which the information is relevant and admissible.\n(sec.23-ssec.2) The disclosure is taken to be a public interest disclosure made to the court or tribunal as a proper authority under section 15 (1) (a) (ii) .\n(sec.23-ssec.3) The court or tribunal may refer the disclosure to another proper authority.\n(sec.23-ssec.4) Section 31 (2) to (5) applies to a referral under subsection (3) as if the court or tribunal were a public sector entity.\n(sec.23-ssec.5) The fact that a court or tribunal is treated as a public sector entity under this Act, and therefore can be a proper authority under section 15 (1) (a) (ii) to receive a public interest disclosure, does not give a person a right to take a proceeding before the court or tribunal that the person does not have apart from this Act.\n- (a) has information that the person may disclose as a public interest disclosure to a proper authority; and\n- (b) discloses the information to a court or tribunal in a proceeding in which the information is relevant and admissible.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Past, present or future event","content":"### sec.24 Past, present or future event\n\nA person may make a public interest disclosure about—\nevents that happened or may have happened, whether before or after the commencement of this Act; or\nevents that are or may be happening; or\nevents that will or may happen.\n- (a) events that happened or may have happened, whether before or after the commencement of this Act; or\n- (b) events that are or may be happening; or\n- (c) events that will or may happen.","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Number of disclosures not limited","content":"### sec.25 Number of disclosures not limited\n\nThe fact that a person may make a public interest disclosure under a particular provision of this Act does not prevent the person from making the disclosure under another provision of this Act to the same or another proper authority.","sortOrder":36},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Definition for ch 3","content":"### sec.26 Definition for ch 3\n\nIn this chapter—\npublic sector entity includes a GOC.\ns 26 def public sector entity amd 2013 No. 19 s 120 sch 1\nsub 2012 No. 33 s 192 sch","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Purpose of chapter","content":"### sec.27 Purpose of chapter\n\nThe purpose of this chapter is to state the obligations of—\na public sector entity to which a public interest disclosure may be made; and\na member of the Legislative Assembly to whom a public interest disclosure may be made.\n- (a) a public sector entity to which a public interest disclosure may be made; and\n- (b) a member of the Legislative Assembly to whom a public interest disclosure may be made.","sortOrder":39},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Public sector entities","content":"# Public sector entities","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Reasonable procedures to deal with public interest disclosures","content":"### sec.28 Reasonable procedures to deal with public interest disclosures\n\nThe chief executive officer of a public sector entity must establish reasonable procedures to ensure that—\npublic officers of the entity who make public interest disclosures are given appropriate support; and\npublic interest disclosures made to the entity are properly assessed and, when appropriate, properly investigated and dealt with; and\nappropriate action is taken in relation to any wrongdoing that is the subject of a public interest disclosure made to the entity; and\na management program for public interest disclosures made to the entity, consistent with any standard made under section 60 , is developed and implemented; and\npublic officers of the entity are offered protection from reprisals by the entity or other public officers of the entity.\nThe chief executive officer of a public sector entity must ensure the procedures are published, as soon as practicable after the procedures are made, on a website that is maintained by the public sector entity and readily accessible to the public.\n(sec.28-ssec.1) The chief executive officer of a public sector entity must establish reasonable procedures to ensure that— public officers of the entity who make public interest disclosures are given appropriate support; and public interest disclosures made to the entity are properly assessed and, when appropriate, properly investigated and dealt with; and appropriate action is taken in relation to any wrongdoing that is the subject of a public interest disclosure made to the entity; and a management program for public interest disclosures made to the entity, consistent with any standard made under section 60 , is developed and implemented; and public officers of the entity are offered protection from reprisals by the entity or other public officers of the entity.\n(sec.28-ssec.2) The chief executive officer of a public sector entity must ensure the procedures are published, as soon as practicable after the procedures are made, on a website that is maintained by the public sector entity and readily accessible to the public.\n- (a) public officers of the entity who make public interest disclosures are given appropriate support; and\n- (b) public interest disclosures made to the entity are properly assessed and, when appropriate, properly investigated and dealt with; and\n- (c) appropriate action is taken in relation to any wrongdoing that is the subject of a public interest disclosure made to the entity; and\n- (d) a management program for public interest disclosures made to the entity, consistent with any standard made under section 60 , is developed and implemented; and\n- (e) public officers of the entity are offered protection from reprisals by the entity or other public officers of the entity.","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"Record of disclosure","content":"### sec.29 Record of disclosure\n\nThe chief executive officer of a public sector entity to which a public interest disclosure is made must keep a proper record of the disclosure, including—\nthe name of the person making the disclosure, if known; and\nthe information disclosed; and\nany action taken on the disclosure; and\nany other information required under a standard made under section 60 .\nThe chief executive officer of a public sector entity to which a public interest disclosure is referred under section 31 or 34 must keep a proper record of the disclosure, including—\nthe name of the person making the disclosure, if known; and\nthe information disclosed; and\nthe name of the public sector entity, or member of the Legislative Assembly, that referred the disclosure; and\nany action taken on the disclosure; and\nany other information required under a standard made under section 60 .\nIn this section—\npublic interest disclosure includes a purported public interest disclosure.\npublic sector entity does not include—\na court or tribunal; or\nthe Executive Council.\n(sec.29-ssec.1) The chief executive officer of a public sector entity to which a public interest disclosure is made must keep a proper record of the disclosure, including— the name of the person making the disclosure, if known; and the information disclosed; and any action taken on the disclosure; and any other information required under a standard made under section 60 .\n(sec.29-ssec.2) The chief executive officer of a public sector entity to which a public interest disclosure is referred under section 31 or 34 must keep a proper record of the disclosure, including— the name of the person making the disclosure, if known; and the information disclosed; and the name of the public sector entity, or member of the Legislative Assembly, that referred the disclosure; and any action taken on the disclosure; and any other information required under a standard made under section 60 .\n(sec.29-ssec.3) In this section— public interest disclosure includes a purported public interest disclosure. public sector entity does not include— a court or tribunal; or the Executive Council.\n- (a) the name of the person making the disclosure, if known; and\n- (b) the information disclosed; and\n- (c) any action taken on the disclosure; and\n- (d) any other information required under a standard made under section 60 .\n- (a) the name of the person making the disclosure, if known; and\n- (b) the information disclosed; and\n- (c) the name of the public sector entity, or member of the Legislative Assembly, that referred the disclosure; and\n- (d) any action taken on the disclosure; and\n- (e) any other information required under a standard made under section 60 .\n- (a) a court or tribunal; or\n- (b) the Executive Council.","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"When no action required","content":"### sec.30 When no action required\n\nA public sector entity may decide not to investigate or deal with a public interest disclosure if—\nthe substance of the disclosure has already been investigated or dealt with by another appropriate process; or\nthe entity reasonably considers that the disclosure should be dealt with by another appropriate process; or\nthe age of the information the subject of the disclosure makes it impracticable to investigate; or\nthe entity reasonably considers that the disclosure is too trivial to warrant investigation and that dealing with the disclosure would substantially and unreasonably divert the resources of the entity from their use by the entity in the performance of its functions; or\nanother entity that has jurisdiction to investigate the disclosure has notified the entity that investigation of the disclosure is not warranted.\nIf an entity decides not to investigate or deal with a public interest disclosure under subsection (1) , the entity must give written reasons for its decision to the person making the disclosure.\nA person who receives written reasons for a decision of an entity under subsection (2) may apply to the chief executive of the entity for a review of the decision within 28 days after receiving the written reasons.\n(sec.30-ssec.1) A public sector entity may decide not to investigate or deal with a public interest disclosure if— the substance of the disclosure has already been investigated or dealt with by another appropriate process; or the entity reasonably considers that the disclosure should be dealt with by another appropriate process; or the age of the information the subject of the disclosure makes it impracticable to investigate; or the entity reasonably considers that the disclosure is too trivial to warrant investigation and that dealing with the disclosure would substantially and unreasonably divert the resources of the entity from their use by the entity in the performance of its functions; or another entity that has jurisdiction to investigate the disclosure has notified the entity that investigation of the disclosure is not warranted.\n(sec.30-ssec.2) If an entity decides not to investigate or deal with a public interest disclosure under subsection (1) , the entity must give written reasons for its decision to the person making the disclosure.\n(sec.30-ssec.3) A person who receives written reasons for a decision of an entity under subsection (2) may apply to the chief executive of the entity for a review of the decision within 28 days after receiving the written reasons.\n- (a) the substance of the disclosure has already been investigated or dealt with by another appropriate process; or\n- (b) the entity reasonably considers that the disclosure should be dealt with by another appropriate process; or\n- (c) the age of the information the subject of the disclosure makes it impracticable to investigate; or\n- (d) the entity reasonably considers that the disclosure is too trivial to warrant investigation and that dealing with the disclosure would substantially and unreasonably divert the resources of the entity from their use by the entity in the performance of its functions; or\n- (e) another entity that has jurisdiction to investigate the disclosure has notified the entity that investigation of the disclosure is not warranted.","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Referral of disclosure","content":"### sec.31 Referral of disclosure\n\nA public sector entity to which a public interest disclosure is made under section 15 , or referred under section 34 , may refer the disclosure to another public sector entity (the referral entity ) if the disclosure is about—\nthe conduct of the referral entity or a public officer of the referral entity; or\nthe conduct of an entity (including itself), or another matter, that the referral entity has the power to investigate or remedy.\nThe power of a public sector entity to investigate or remedy conduct that is the subject of a public interest disclosure is not limited by a referral of the disclosure under subsection (1) .\nThe public sector entity must not refer a public interest disclosure to another public sector entity if it considers there is an unacceptable risk that a reprisal would happen because of the referral.\nIn considering whether there would be an unacceptable risk, the public sector entity must, if practicable, consult with the person who made the public interest disclosure.\nThis section does not affect another law under which a public sector entity must refer a report, complaint, information or evidence to another entity.\n(sec.31-ssec.1) A public sector entity to which a public interest disclosure is made under section 15 , or referred under section 34 , may refer the disclosure to another public sector entity (the referral entity ) if the disclosure is about— the conduct of the referral entity or a public officer of the referral entity; or the conduct of an entity (including itself), or another matter, that the referral entity has the power to investigate or remedy.\n(sec.31-ssec.2) The power of a public sector entity to investigate or remedy conduct that is the subject of a public interest disclosure is not limited by a referral of the disclosure under subsection (1) .\n(sec.31-ssec.3) The public sector entity must not refer a public interest disclosure to another public sector entity if it considers there is an unacceptable risk that a reprisal would happen because of the referral.\n(sec.31-ssec.4) In considering whether there would be an unacceptable risk, the public sector entity must, if practicable, consult with the person who made the public interest disclosure.\n(sec.31-ssec.5) This section does not affect another law under which a public sector entity must refer a report, complaint, information or evidence to another entity.\n- (a) the conduct of the referral entity or a public officer of the referral entity; or\n- (b) the conduct of an entity (including itself), or another matter, that the referral entity has the power to investigate or remedy.","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Person who made disclosure, or referring entity, to be informed","content":"### sec.32 Person who made disclosure, or referring entity, to be informed\n\nA public sector entity to which a public interest disclosure is made under section 15 , or referred under section 31 or 34 , must give the person who made the disclosure, or the entity that referred the disclosure, reasonable information about the disclosure.\nFor subsection (1) , reasonable information about the disclosure includes at least the following—\nconfirmation that the disclosure was received by the public sector entity;\na description of the action proposed to be taken, or taken, by the public sector entity in relation to the disclosure;\nif action has been taken by the public sector entity in relation to the disclosure—a description of the results of the action.\nThe information must be given to the person or the entity in writing.\nThe public sector entity need not give information under subsection (1) if giving the information would be likely to adversely affect—\nanybody’s safety; or\nthe investigation of an offence or possible offence; or\nnecessary confidentiality about an informant’s existence or identity.\nIf a person makes a public interest disclosure to the Crime and Corruption Commission in a complaint of corruption, this section does not impose on the commission any duty that the commission does not already have under the Crime and Corruption Act 2001 .\nIn this section—\ncorruption see the Crime and Corruption Act 2001 , schedule 2 .\ns 32 amd 2014 No. 21 s 94 (2) sch 2\n(sec.32-ssec.1) A public sector entity to which a public interest disclosure is made under section 15 , or referred under section 31 or 34 , must give the person who made the disclosure, or the entity that referred the disclosure, reasonable information about the disclosure.\n(sec.32-ssec.2) For subsection (1) , reasonable information about the disclosure includes at least the following— confirmation that the disclosure was received by the public sector entity; a description of the action proposed to be taken, or taken, by the public sector entity in relation to the disclosure; if action has been taken by the public sector entity in relation to the disclosure—a description of the results of the action.\n(sec.32-ssec.3) The information must be given to the person or the entity in writing.\n(sec.32-ssec.4) The public sector entity need not give information under subsection (1) if giving the information would be likely to adversely affect— anybody’s safety; or the investigation of an offence or possible offence; or necessary confidentiality about an informant’s existence or identity.\n(sec.32-ssec.5) If a person makes a public interest disclosure to the Crime and Corruption Commission in a complaint of corruption, this section does not impose on the commission any duty that the commission does not already have under the Crime and Corruption Act 2001 .\n(sec.32-ssec.6) In this section— corruption see the Crime and Corruption Act 2001 , schedule 2 .\n- (a) confirmation that the disclosure was received by the public sector entity;\n- (b) a description of the action proposed to be taken, or taken, by the public sector entity in relation to the disclosure;\n- (c) if action has been taken by the public sector entity in relation to the disclosure—a description of the results of the action.\n- (a) anybody’s safety; or\n- (b) the investigation of an offence or possible offence; or\n- (c) necessary confidentiality about an informant’s existence or identity.","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Disclosure information to be given to oversight agency","content":"### sec.33 Disclosure information to be given to oversight agency\n\nThe oversight agency may make, under section 60 , a standard that requires the chief executive officer of a public sector entity to give to the oversight agency all or any of the information mentioned in section 29 .\nThe standard may provide for the way in which and the period within which the information is to be given.\n(sec.33-ssec.1) The oversight agency may make, under section 60 , a standard that requires the chief executive officer of a public sector entity to give to the oversight agency all or any of the information mentioned in section 29 .\n(sec.33-ssec.2) The standard may provide for the way in which and the period within which the information is to be given.","sortOrder":46},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Members of Legislative Assembly","content":"# Members of Legislative Assembly","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Referral of disclosure","content":"### sec.34 Referral of disclosure\n\nA member of the Legislative Assembly to whom a public interest disclosure is made under section 14 may refer the disclosure to another public sector entity (the referral entity ) if the member considers the referral entity has power to investigate or remedy the conduct or other matter that is the subject of the disclosure.\nFor the purposes of this Act, the member has no role in investigating the disclosure.\nIn this section—\npublic interest disclosure includes a purported public interest disclosure.\n(sec.34-ssec.1) A member of the Legislative Assembly to whom a public interest disclosure is made under section 14 may refer the disclosure to another public sector entity (the referral entity ) if the member considers the referral entity has power to investigate or remedy the conduct or other matter that is the subject of the disclosure.\n(sec.34-ssec.2) For the purposes of this Act, the member has no role in investigating the disclosure.\n(sec.34-ssec.3) In this section— public interest disclosure includes a purported public interest disclosure.","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Legislative Assembly may still deal with disclosure","content":"### sec.35 Legislative Assembly may still deal with disclosure\n\nThis Act does not limit the immunities, powers, privileges or rights of the Legislative Assembly or its members or committees in relation to a public interest disclosure made to a member of the Legislative Assembly.\nIn this section—\ncommittee means a committee of the Legislative Assembly, whether or not a statutory committee.\npublic interest disclosure includes a purported public interest disclosure.\n(sec.35-ssec.1) This Act does not limit the immunities, powers, privileges or rights of the Legislative Assembly or its members or committees in relation to a public interest disclosure made to a member of the Legislative Assembly.\n(sec.35-ssec.2) In this section— committee means a committee of the Legislative Assembly, whether or not a statutory committee. public interest disclosure includes a purported public interest disclosure.","sortOrder":49},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Immunity from liability","content":"### sec.36 Immunity from liability\n\nA person who makes a public interest disclosure is not subject to any civil or criminal liability or any liability arising by way of administrative process, including disciplinary action, for making the disclosure.","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Confidentiality provisions do not apply","content":"### sec.37 Confidentiality provisions do not apply\n\nWithout limiting section 36 , a person who makes a public interest disclosure does not by doing so—\ncommit an offence under any Act that imposes a duty to maintain confidentiality in relation to a matter or any other restriction on the disclosure of information; or\nbreach an obligation by way of oath or rule of law or practice or under an agreement requiring the person to maintain confidentiality or otherwise restricting the disclosure of information in relation to a matter.\n- (a) commit an offence under any Act that imposes a duty to maintain confidentiality in relation to a matter or any other restriction on the disclosure of information; or\n- (b) breach an obligation by way of oath or rule of law or practice or under an agreement requiring the person to maintain confidentiality or otherwise restricting the disclosure of information in relation to a matter.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Protection from defamation action","content":"### sec.38 Protection from defamation action\n\nWithout limiting section 36 , in a proceeding for defamation, a person who makes a public interest disclosure has a defence of absolute privilege for publishing the information disclosed.","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Liability for own conduct","content":"### sec.39 Liability for own conduct\n\nA person’s liability for the person’s own conduct is not affected by the person’s disclosure of that conduct under this Act.\nIn this section—\nliability includes civil or criminal liability or any liability arising by way of administrative process, including disciplinary action.\n(sec.39-ssec.1) A person’s liability for the person’s own conduct is not affected by the person’s disclosure of that conduct under this Act.\n(sec.39-ssec.2) In this section— liability includes civil or criminal liability or any liability arising by way of administrative process, including disciplinary action.","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Reprisal and grounds for reprisal","content":"### sec.40 Reprisal and grounds for reprisal\n\nA person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that—\nthe other person or someone else has made, or intends to make, a public interest disclosure; or\nthe other person or someone else is, has been, or intends to be, involved in a proceeding under the Act against any person.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n(sec.40-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— the other person or someone else has made, or intends to make, a public interest disclosure; or the other person or someone else is, has been, or intends to be, involved in a proceeding under the Act against any person.\n(sec.40-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.40-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.40-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.40-ssec.5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n- (a) the other person or someone else has made, or intends to make, a public interest disclosure; or\n- (b) the other person or someone else is, has been, or intends to be, involved in a proceeding under the Act against any person.","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Offence of taking reprisal","content":"### sec.41 Offence of taking reprisal\n\nA person must not take a reprisal.\nMaximum penalty—167 penalty units or 2 years imprisonment.\nAn offence against subsection (1) is an indictable offence.\n(sec.41-ssec.1) A person must not take a reprisal. Maximum penalty—167 penalty units or 2 years imprisonment.\n(sec.41-ssec.2) An offence against subsection (1) is an indictable offence.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Damages entitlement for reprisal","content":"### sec.42 Damages entitlement for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal.\nIf the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\nThe right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal.\nProceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 .\nThe Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section.\n(sec.42-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\n(sec.42-ssec.2) Any appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal.\n(sec.42-ssec.3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\n(sec.42-ssec.4) The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal.\n(sec.42-ssec.5) Proceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 .\n(sec.42-ssec.6) The Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Vicarious liability of public sector entity","content":"### sec.43 Vicarious liability of public sector entity\n\nIf any of a public sector entity’s employees contravenes section 40 in the course of employment, both the public sector entity and the employee, as the case may be, are jointly and severally civilly liable for the contravention, and a proceeding under section 42 may be taken against either or both.\nIt is a defence to a proceeding against a public sector entity under section 42 if the public sector entity proves, on the balance of probabilities, that the public sector entity took reasonable steps to prevent the employee contravening section 40 .\nIn this section—\npublic sector entity includes a GOC.\ns 43 amd 2013 No. 19 s 120 sch 1 ; 2012 No. 33 s 192 sch\n(sec.43-ssec.1) If any of a public sector entity’s employees contravenes section 40 in the course of employment, both the public sector entity and the employee, as the case may be, are jointly and severally civilly liable for the contravention, and a proceeding under section 42 may be taken against either or both.\n(sec.43-ssec.2) It is a defence to a proceeding against a public sector entity under section 42 if the public sector entity proves, on the balance of probabilities, that the public sector entity took reasonable steps to prevent the employee contravening section 40 .\n(sec.43-ssec.3) In this section— public sector entity includes a GOC.","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Complaint under the Anti-Discrimination Act 1991","content":"### sec.44 Complaint under the Anti-Discrimination Act 1991\n\nA person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal.\nThe complaint may be dealt with under the Anti-Discrimination Act 1991 , chapters 6 and 7 as if the complaint were about an alleged contravention of the Anti-Discrimination Act 1991 .\nHowever—\nif a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and\nif the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal.\nA complaint under the Anti-Discrimination Act 1991 about a reprisal may be made even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 .\n(sec.44-ssec.1) A person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal.\n(sec.44-ssec.2) The complaint may be dealt with under the Anti-Discrimination Act 1991 , chapters 6 and 7 as if the complaint were about an alleged contravention of the Anti-Discrimination Act 1991 .\n(sec.44-ssec.3) However— if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal.\n(sec.44-ssec.4) A complaint under the Anti-Discrimination Act 1991 about a reprisal may be made even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 .\n- (a) if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and\n- (b) if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Reasonable management action not prevented","content":"### sec.45 Reasonable management action not prevented\n\nNothing in this part is intended to prevent a manager from taking reasonable management action in relation to an employee who has made a public interest disclosure.\nHowever, a manager may take reasonable management action in relation to an employee who has made a public interest disclosure only if the manager’s reasons for taking the action do not include the fact that the person has made the public interest disclosure.\nIn this section—\nmanager , of an employee, means a person to whom the employee reports or a person who directly or indirectly supervises the employee in the performance of the employee’s functions as an employee.\nreasonable management action , taken by a manager in relation to an employee, includes any of the following taken by the manager—\na reasonable appraisal of the employee’s work performance;\na reasonable requirement that the employee undertake counselling;\na reasonable suspension of the employee from the employment workplace;\na reasonable disciplinary action;\na reasonable action to transfer or deploy the employee;\na reasonable action to end the employee’s employment by way of redundancy or retrenchment;\na reasonable action in relation to an action mentioned in paragraphs (a) to (f) ;\na reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.\n(sec.45-ssec.1) Nothing in this part is intended to prevent a manager from taking reasonable management action in relation to an employee who has made a public interest disclosure.\n(sec.45-ssec.2) However, a manager may take reasonable management action in relation to an employee who has made a public interest disclosure only if the manager’s reasons for taking the action do not include the fact that the person has made the public interest disclosure.\n(sec.45-ssec.3) In this section— manager , of an employee, means a person to whom the employee reports or a person who directly or indirectly supervises the employee in the performance of the employee’s functions as an employee. reasonable management action , taken by a manager in relation to an employee, includes any of the following taken by the manager— a reasonable appraisal of the employee’s work performance; a reasonable requirement that the employee undertake counselling; a reasonable suspension of the employee from the employment workplace; a reasonable disciplinary action; a reasonable action to transfer or deploy the employee; a reasonable action to end the employee’s employment by way of redundancy or retrenchment; a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ; a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.\n- (a) a reasonable appraisal of the employee’s work performance;\n- (b) a reasonable requirement that the employee undertake counselling;\n- (c) a reasonable suspension of the employee from the employment workplace;\n- (d) a reasonable disciplinary action;\n- (e) a reasonable action to transfer or deploy the employee;\n- (f) a reasonable action to end the employee’s employment by way of redundancy or retrenchment;\n- (g) a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ;\n- (h) a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.","sortOrder":60},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Administrative actions","content":"# Administrative actions","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Right of appeal or review of public officer","content":"### sec.46 Right of appeal or review of public officer\n\nThis section applies to a public officer who, under an Act, may appeal against, or apply for a review of, any of the following actions—\ndisciplinary action taken against the public officer;\nthe appointment or transfer of the public officer or another public officer to a position as a public officer;\nunfair treatment of the public officer.\nWhether or not the Act specifies grounds for the appeal or review, the public officer may also appeal the action or apply to have the action set aside because it was the taking of a reprisal against the public officer.\nSubsection (2) applies even if the decision on the hearing of the appeal or review is in the form of a recommendation.\nIn this section—\npublic officer includes an employee of a GOC.\ns 46 amd 2013 No. 19 s 120 sch 1 ; 2012 No. 33 s 192 sch\n(sec.46-ssec.1) This section applies to a public officer who, under an Act, may appeal against, or apply for a review of, any of the following actions— disciplinary action taken against the public officer; the appointment or transfer of the public officer or another public officer to a position as a public officer; unfair treatment of the public officer.\n(sec.46-ssec.2) Whether or not the Act specifies grounds for the appeal or review, the public officer may also appeal the action or apply to have the action set aside because it was the taking of a reprisal against the public officer.\n(sec.46-ssec.3) Subsection (2) applies even if the decision on the hearing of the appeal or review is in the form of a recommendation.\n(sec.46-ssec.4) In this section— public officer includes an employee of a GOC.\n- (a) disciplinary action taken against the public officer;\n- (b) the appointment or transfer of the public officer or another public officer to a position as a public officer;\n- (c) unfair treatment of the public officer.","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Relocation of public service employee","content":"### sec.47 Relocation of public service employee\n\nThis section gives a public service employee a right to apply for relocation.\nThe application must be made on the ground that—\nit is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and\nthe only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee.\nThe application may be made by the public service employee to the industrial relations commission under the Industrial Relations Act 2016 .\nFor the purposes of subsection (3) —\nthe application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and\nthe decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) .\nIf the industrial relations commission considers the ground is established, the commission may direct that the employee be relocated within the employee’s department or to another department.\nThe industrial relations commission can not direct that the employee be relocated without the agreement of—\nthe public service employee; and\nif the relocation is to another department—the other department’s chief executive.\nFor subsection (5) , the industrial relations commission has power to do, or authorise the doing of, anything necessary or convenient to relocate the public service employee.\ns 47 amd 2012 No. 22 s 13 ; 2020 No. 35 s 16 ; 2022 No. 34 s 365 sch 3\n(sec.47-ssec.1) This section gives a public service employee a right to apply for relocation.\n(sec.47-ssec.2) The application must be made on the ground that— it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee.\n(sec.47-ssec.3) The application may be made by the public service employee to the industrial relations commission under the Industrial Relations Act 2016 .\n(sec.47-ssec.4) For the purposes of subsection (3) — the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) .\n(sec.47-ssec.5) If the industrial relations commission considers the ground is established, the commission may direct that the employee be relocated within the employee’s department or to another department.\n(sec.47-ssec.6) The industrial relations commission can not direct that the employee be relocated without the agreement of— the public service employee; and if the relocation is to another department—the other department’s chief executive.\n(sec.47-ssec.7) For subsection (5) , the industrial relations commission has power to do, or authorise the doing of, anything necessary or convenient to relocate the public service employee.\n- (a) it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and\n- (b) the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee.\n- (a) the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and\n- (b) the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) .\n- (a) the public service employee; and\n- (b) if the relocation is to another department—the other department’s chief executive.","sortOrder":63},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Injunctions","content":"# Injunctions","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Right to apply to industrial commission","content":"### sec.48 Right to apply to industrial commission\n\nAn application for an injunction about a reprisal may be made to the industrial commission if the reprisal—\nhas caused or may cause detriment to an employee; and\ninvolves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act.\nThe application may be made by—\nthe employee; or\nan industrial organisation—\nwhose rules entitle it to represent the industrial interests of the employee; and\nacting in the employee’s interests with the employee’s consent; or\nthe Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if—\nthe employee is a public officer; and\nthe reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\nThe Industrial Relations Act 2016 , section 473 applies to the application, but this part prevails if it is inconsistent with that section.\nIf the industrial commission has jurisdiction to grant an injunction on an application under subsection (1) , the jurisdiction is exclusive of the jurisdiction of any other court or tribunal other than the Industrial Court.\nWithout limiting this section, the application is an industrial cause within the meaning of the Industrial Relations Act 2016 .\ns 48 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 63 s 1157 sch 6\n(sec.48-ssec.1) An application for an injunction about a reprisal may be made to the industrial commission if the reprisal— has caused or may cause detriment to an employee; and involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act.\n(sec.48-ssec.2) The application may be made by— the employee; or an industrial organisation— whose rules entitle it to represent the industrial interests of the employee; and acting in the employee’s interests with the employee’s consent; or the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— the employee is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\n(sec.48-ssec.3) The Industrial Relations Act 2016 , section 473 applies to the application, but this part prevails if it is inconsistent with that section.\n(sec.48-ssec.4) If the industrial commission has jurisdiction to grant an injunction on an application under subsection (1) , the jurisdiction is exclusive of the jurisdiction of any other court or tribunal other than the Industrial Court.\n(sec.48-ssec.5) Without limiting this section, the application is an industrial cause within the meaning of the Industrial Relations Act 2016 .\n- (a) has caused or may cause detriment to an employee; and\n- (b) involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act.\n- (a) the employee; or\n- (b) an industrial organisation— (i) whose rules entitle it to represent the industrial interests of the employee; and (ii) acting in the employee’s interests with the employee’s consent; or\n- (i) whose rules entitle it to represent the industrial interests of the employee; and\n- (ii) acting in the employee’s interests with the employee’s consent; or\n- (c) the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— (i) the employee is a public officer; and (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\n- (i) the employee is a public officer; and\n- (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\n- (i) whose rules entitle it to represent the industrial interests of the employee; and\n- (ii) acting in the employee’s interests with the employee’s consent; or\n- (i) the employee is a public officer; and\n- (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"Right to apply to Supreme Court","content":"### sec.49 Right to apply to Supreme Court\n\nThis section applies only to a person who can not apply under section 48 to the industrial commission for an injunction about a reprisal.\nAn application for an injunction about a reprisal may be made to the Supreme Court by—\na person claiming that the person is suffering or may suffer detriment from a reprisal; or\nthe Crime and Corruption Commission acting in the person’s interests with the person’s consent if—\nthe person is a public officer; and\nthe reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\ns 49 amd 2014 No. 21 s 94 (2) sch 2\n(sec.49-ssec.1) This section applies only to a person who can not apply under section 48 to the industrial commission for an injunction about a reprisal.\n(sec.49-ssec.2) An application for an injunction about a reprisal may be made to the Supreme Court by— a person claiming that the person is suffering or may suffer detriment from a reprisal; or the Crime and Corruption Commission acting in the person’s interests with the person’s consent if— the person is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\n- (a) a person claiming that the person is suffering or may suffer detriment from a reprisal; or\n- (b) the Crime and Corruption Commission acting in the person’s interests with the person’s consent if— (i) the person is a public officer; and (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\n- (i) the person is a public officer; and\n- (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.\n- (i) the person is a public officer; and\n- (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"No right to apply for injunction if complaint made under the Anti-Discrimination Act 1991","content":"### sec.50 No right to apply for injunction if complaint made under the Anti-Discrimination Act 1991\n\nDespite sections 48 and 49 , a person may not apply for an injunction about a reprisal under either of those provisions if the person makes a complaint under the Anti-Discrimination Act 1991 about the reprisal.\nSee the Anti-Discrimination Act 1991 , section 144 (Applications for orders protecting complainant’s interests (before reference to tribunal)).","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Grounds for injunction","content":"### sec.51 Grounds for injunction\n\nThe industrial commission or Supreme Court may grant an injunction under this part, in terms it considers appropriate, if it is satisfied that a person has engaged, is engaging or is proposing to engage, in conduct amounting to—\na reprisal; or\nattempting a reprisal; or\naiding, abetting, counselling or procuring a reprisal; or\ninducing or attempting to induce, whether by threats, promises or otherwise, a reprisal; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, a reprisal.\n- (a) a reprisal; or\n- (b) attempting a reprisal; or\n- (c) aiding, abetting, counselling or procuring a reprisal; or\n- (d) inducing or attempting to induce, whether by threats, promises or otherwise, a reprisal; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, a reprisal.","sortOrder":68},{"sectionNumber":"sec.52","sectionType":"section","heading":"Order may require stated action","content":"### sec.52 Order may require stated action\n\nIf the industrial commission or Supreme Court is satisfied that a person has engaged or is engaging in conduct mentioned in section 51 , it may grant an injunction, under this part, requiring the person to take stated action to remedy any detriment caused by the conduct.","sortOrder":69},{"sectionNumber":"sec.53","sectionType":"section","heading":"Evidence","content":"### sec.53 Evidence\n\nThe industrial commission or Supreme Court may grant an injunction, under this part, restraining a person from engaging in conduct mentioned in section 51 —\nwhether or not it considers that the person intends to engage again, or to continue to engage, in the conduct; or\nwhether or not the person has previously engaged in the conduct; or\nwhether or not there is an imminent danger of substantial damage to anyone if the person engages in the conduct.\nThe industrial commission or Supreme Court may grant an injunction, under this part, requiring a person to do something—\nwhether or not it considers that the person intends to fail again, or to continue to fail, to do the thing; or\nwhether or not the person has previously failed to do the thing; or\nwhether or not there is an imminent danger of substantial damage to anybody if the person fails to do the thing.\n(sec.53-ssec.1) The industrial commission or Supreme Court may grant an injunction, under this part, restraining a person from engaging in conduct mentioned in section 51 — whether or not it considers that the person intends to engage again, or to continue to engage, in the conduct; or whether or not the person has previously engaged in the conduct; or whether or not there is an imminent danger of substantial damage to anyone if the person engages in the conduct.\n(sec.53-ssec.2) The industrial commission or Supreme Court may grant an injunction, under this part, requiring a person to do something— whether or not it considers that the person intends to fail again, or to continue to fail, to do the thing; or whether or not the person has previously failed to do the thing; or whether or not there is an imminent danger of substantial damage to anybody if the person fails to do the thing.\n- (a) whether or not it considers that the person intends to engage again, or to continue to engage, in the conduct; or\n- (b) whether or not the person has previously engaged in the conduct; or\n- (c) whether or not there is an imminent danger of substantial damage to anyone if the person engages in the conduct.\n- (a) whether or not it considers that the person intends to fail again, or to continue to fail, to do the thing; or\n- (b) whether or not the person has previously failed to do the thing; or\n- (c) whether or not there is an imminent danger of substantial damage to anybody if the person fails to do the thing.","sortOrder":70},{"sectionNumber":"sec.54","sectionType":"section","heading":"Interim injunction","content":"### sec.54 Interim injunction\n\nAn interim injunction may be granted pending the final decision on an application for an injunction under this part.","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":"Restrictions about application","content":"### sec.55 Restrictions about application\n\nFor an application for an injunction under this part that is before it, the industrial commission or Supreme Court may direct that—\na report of the whole or part of the proceeding for the application must not be published; or\nevidence given, or anything filed, tendered or exhibited in the application must be withheld from release or search, or released or searched only on a stated condition.\nThe direction may be given if the industrial commission or Supreme Court considers that—\ndisclosure of the report, evidence or thing would not be in the public interest; or\npersons other than parties to the application do not have a sufficient legitimate interest in being informed of the report, evidence or thing.\nAn application for an injunction under this part may be heard without notice to another person if the industrial commission or Supreme Court considers a hearing without notice to another person is necessary in the circumstances.\nThis section does not limit the power of the industrial commission or Supreme Court.\n(sec.55-ssec.1) For an application for an injunction under this part that is before it, the industrial commission or Supreme Court may direct that— a report of the whole or part of the proceeding for the application must not be published; or evidence given, or anything filed, tendered or exhibited in the application must be withheld from release or search, or released or searched only on a stated condition.\n(sec.55-ssec.2) The direction may be given if the industrial commission or Supreme Court considers that— disclosure of the report, evidence or thing would not be in the public interest; or persons other than parties to the application do not have a sufficient legitimate interest in being informed of the report, evidence or thing.\n(sec.55-ssec.3) An application for an injunction under this part may be heard without notice to another person if the industrial commission or Supreme Court considers a hearing without notice to another person is necessary in the circumstances.\n(sec.55-ssec.4) This section does not limit the power of the industrial commission or Supreme Court.\n- (a) a report of the whole or part of the proceeding for the application must not be published; or\n- (b) evidence given, or anything filed, tendered or exhibited in the application must be withheld from release or search, or released or searched only on a stated condition.\n- (a) disclosure of the report, evidence or thing would not be in the public interest; or\n- (b) persons other than parties to the application do not have a sufficient legitimate interest in being informed of the report, evidence or thing.","sortOrder":72},{"sectionNumber":"sec.56","sectionType":"section","heading":"Undertaking as to damages and costs","content":"### sec.56 Undertaking as to damages and costs\n\nIf the Crime and Corruption Commission applies for an injunction under this part, no undertaking about damages or costs is to be required.\ns 56 amd 2014 No. 21 s 94 (2) sch 2","sortOrder":73},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Transitional provisions for Act No. 38 of 2010","content":"# Transitional provisions for Act No. 38 of 2010","sortOrder":74},{"sectionNumber":"sec.73","sectionType":"section","heading":"Definitions for part","content":"### sec.73 Definitions for part\n\nIn this part—\ncommencement means the commencement of this section.\nnew Act means the Public Interest Disclosure Act 2010 .\nrepealed Act means the Whistleblowers Protection Act 1994 .\ns 73 amd 2024 No. 41 s 52","sortOrder":75},{"sectionNumber":"sec.74","sectionType":"section","heading":"Disclosures made under repealed Act","content":"### sec.74 Disclosures made under repealed Act\n\nA public interest disclosure made under the repealed Act before the commencement of this section is taken, from the commencement, to be a public interest disclosure under the new Act.","sortOrder":76},{"sectionNumber":"sec.75","sectionType":"section","heading":"Vicarious liability of employers","content":"### sec.75 Vicarious liability of employers\n\nProceedings under section 42 of the new Act may be taken against an employer of a person who causes detriment to another person in reprisal for a public interest disclosure only if the reprisal happens after the commencement.","sortOrder":77},{"sectionNumber":"sec.76","sectionType":"section","heading":"Complaint under the Anti-Discrimination Act 1991","content":"### sec.76 Complaint under the Anti-Discrimination Act 1991\n\nA complaint may be made under section 44(1) in relation to a reprisal only if the reprisal happens after the commencement.","sortOrder":78},{"sectionNumber":"sec.77","sectionType":"section","heading":"Confidentiality of information","content":"### sec.77 Confidentiality of information\n\nThis section applies if a person gained confidential information because of the person’s involvement as a public officer in the administration of the repealed Act.\nThe person is taken to have gained the information because of the person’s involvement as a public officer in the new Act’s administration.\nThe person may make a record of the confidential information, or disclose it to someone else, under section 65(3) of the new Act, even if the person gained the information before the commencement.\nIn this section—\npublic officer includes a former member of the former misconduct tribunal established under the repealed Misconduct Tribunals Act 1997 , section 11 .\n(sec.77-ssec.1) This section applies if a person gained confidential information because of the person’s involvement as a public officer in the administration of the repealed Act.\n(sec.77-ssec.2) The person is taken to have gained the information because of the person’s involvement as a public officer in the new Act’s administration.\n(sec.77-ssec.3) The person may make a record of the confidential information, or disclose it to someone else, under section 65(3) of the new Act, even if the person gained the information before the commencement.\n(sec.77-ssec.4) In this section— public officer includes a former member of the former misconduct tribunal established under the repealed Misconduct Tribunals Act 1997 , section 11 .","sortOrder":79},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Transitional provision for Public Service and Other Legislation Amendment Act 2012","content":"# Transitional provision for Public Service and Other Legislation Amendment Act 2012","sortOrder":80},{"sectionNumber":"sec.78","sectionType":"section","heading":"Continuation of standards made by oversight agency","content":"### sec.78 Continuation of standards made by oversight agency\n\nThis section applies to standards made by the Public Service Commission under section 60 that are in force immediately before the commencement of this section.\nThe standards are taken, on the commencement, to be the standards made by the ombudsman as the oversight agency.\ns 78 ins 2012 No. 22 s 19\n(sec.78-ssec.1) This section applies to standards made by the Public Service Commission under section 60 that are in force immediately before the commencement of this section.\n(sec.78-ssec.2) The standards are taken, on the commencement, to be the standards made by the ombudsman as the oversight agency.","sortOrder":81},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2024","content":"# Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2024","sortOrder":82},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application of s 13 to conduct of commission officer","content":"### sec.79 Application of s 13 to conduct of commission officer\n\nSection 13, as amended by the Crime and Corruption and Other Legislation Amendment Act 2024 , applies to the conduct of a commission officer whether the conduct occurs before or after, or both before and after, the commencement.\ns 79 ins 2024 No. 41 s 54","sortOrder":83}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":743},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2010 form. The provided text shows numerous amendments extending coverage to GOCs (2012/2013), updating references to renamed agencies (Crime and Corruption Commission replacing Crime Commission), adding rail government entities, adjusting for new industrial relations and public sector legislation, and most recently (2024) clarifying application to commission officer conduct. The scope has grown from a standard public sector whistleblower scheme to one that now interfaces with corporate law displacement provisions, multiple industrial relations pathways, and complex jurisdictional arrangements."},"complexity_factors":["Multiple overlapping disclosure pathways (general public, public officers, GOC employees, judicial officers) with different rules for each","Extensive cross-referencing to other Queensland legislation (Crime and Corruption Act, Industrial Relations Act, Anti-Discrimination Act, Public Sector Act, etc.)","Conditional logic throughout — who can report what to whom depends on the type of information, the person's status, and the entity involved","Nested definitions and exceptions (e.g., 'public sector entity' includes many things but explicitly excludes others, with further carve-outs)","Multiple amendment notes showing evolving scope (2012, 2013, 2014, 2016, 2019, 2020, 2022, 2024)","Parallel civil and criminal remedies for reprisals with interaction rules (can't pursue both discrimination complaint and damages lawsuit)","Transitional provisions preserving old disclosures under repealed legislation"],"plain_english_summary":"This is Queensland's **whistleblower protection law** — it creates a legal framework for people to report wrongdoing in the public sector without fear of retaliation.\n\n**What it does:**\n- **Allows two types of disclosures:**\n  - *General disclosures* (anyone can report): dangers to people with disabilities, environmental dangers, or reprisals against whistleblowers\n  - *Public officer disclosures* (government workers only): corruption, serious mismanagement, misuse of public money, or dangers to public health/safety/environment\n\n- **Sets up where reports go:** Most go to a \"proper authority\" — either a public sector entity (government department, local council, university, etc.) or a Member of Parliament. Special rules apply for reports about judges.\n\n- **Protects whistleblowers:**\n  - Immunity from lawsuits or criminal charges for making a disclosure\n  - Confidentiality agreements don't apply\n  - Protection from defamation claims\n  - **Strong anti-reprisal protections** — it's a criminal offence (up to 2 years jail) to punish someone for reporting, and victims can sue for damages\n\n- **Requires government bodies to:**\n  - Set up procedures to handle reports properly\n  - Keep records\n  - Inform whistleblowers what action was taken\n  - Refer reports to the right agency when needed\n\n- **Last-resort option:** If a report goes nowhere for 6 months, the whistleblower can go to a journalist.\n\n**Who it covers:** Public officers (government employees, ministers, ministerial staff, school council members), plus anyone in the community for certain serious matters. Government-owned corporations (GOCs) have their own reporting channel to the Crime and Corruption Commission.\n\n**Why it matters:** It tries to balance encouraging people to speak up about serious problems with protecting the rights of those accused, while giving whistleblowers multiple legal weapons if they're punished for reporting."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original scope appears to have broadened over time through multiple amendments. GOCs and rail government entities were brought into limited coverage (for corruption and reprisals) via subsequent amendments. The definition of 'public sector entity' was expanded to include TAFE Queensland and updated higher education provider definitions following changes to those sectors. References to the Crime and Corruption Commission replaced earlier references to the Crime and Misconduct Commission following that body's renaming and restructuring. The Corporations legislation displacement provision was added to deal with interaction with federal corporate whistleblower laws, reflecting a growing intersection with Commonwealth legislation that was not part of the original design."},"complexity_factors":["Multiple categories of disclosers (any person vs. public officer) with different disclosure rights and thresholds","Complex tiered system of 'proper authorities' with different eligibility rules depending on subject matter and who is being reported","Special carve-out rules for judicial officers with a separate, more restricted disclosure pathway","Interaction and overlap with multiple other Queensland and Commonwealth laws (Crime and Corruption Act, Anti-Discrimination Act, Industrial Relations Act, Corporations Act, various education and public sector Acts)","Multiple enforcement mechanisms available simultaneously (criminal prosecution, civil damages, Anti-Discrimination complaint, industrial injunctions, Supreme Court injunctions) with overlap restrictions and election of remedy rules","GOC and corporate entity treatment is inconsistent — partially included, partially excluded — requiring careful reading across multiple provisions","Vicarious liability provisions for public sector entities with specific defences","Definition of 'public sector entity' has numerous inclusions and exclusions with cross-references to other Acts","Referral chains between agencies add procedural complexity — a disclosure may pass through multiple entities","Journalist disclosure pathway has specific preconditions and timing requirements"],"plain_english_summary":"## What This Law Does\n\nThis is Queensland's **whistleblower protection law** — the *Public Interest Disclosure Act 2010*. It creates a system for people to report wrongdoing in Queensland's public sector (government agencies, councils, police, courts, universities, and similar bodies) while protecting them from retaliation.\n\n## Who Can Report What\n\n**Anyone** (not just government workers) can report:\n- A serious, specific danger to the health or safety of a person with a disability\n- Environmental offences that pose a real and specific danger\n- Someone taking a 'reprisal' (punishment) against a whistleblower\n\n**Government employees and public officers** (people who work for government agencies) can additionally report:\n- **Corrupt conduct** — misuse of official power for personal gain\n- **Maladministration** (poor or improper administration) that seriously harms someone\n- Substantial misuse of public money or resources\n- Serious dangers to public health, safety, or the environment\n\n## Who You Report To\n\nYou can make a disclosure (report) to:\n- The relevant government agency — especially the one responsible for the wrongdoing or able to fix it\n- Any member of the Queensland Legislative Assembly (your local MP)\n- Specific senior officers within an agency (CEO, supervisors, ethics officers, etc.)\n- The **Crime and Corruption Commission (CCC)** for serious corruption matters\n- A **journalist** — but only as a last resort, after the system has failed to act within 6 months or decided not to investigate\n- Reports about **judges** have special rules — usually only to the chief judge of that court or the CCC\n\nYou can report **anonymously**.\n\n## What Protection Do You Get?\n\nIf you make a valid disclosure, you:\n- **Cannot be sued** (no civil liability) for making the report\n- **Cannot be prosecuted** (no criminal liability) for the disclosure\n- Are **protected from defamation claims** (absolute privilege — a legal shield meaning you can't be sued for what you said in the report)\n- **Cannot be punished** for breaching confidentiality agreements or secrecy laws by making the report\n- Are protected against **reprisals** — any punishment, demotion, harassment, or other harm because you reported\n\n## What Is a 'Reprisal'?\n\nA reprisal is when someone harms you (or tries to) because you made — or might make — a disclosure. This includes things like:\n- Firing or demoting you\n- Harassing or intimidating you\n- Transferring you unfairly\n\nTaking a reprisal is a **criminal offence** — up to 2 years in jail or a substantial fine. You can also **sue for damages** (money compensation) if you suffer from a reprisal, and courts can grant **injunctions** (court orders to stop the harmful behaviour).\n\nImportantly, your employer (the government agency) can be held jointly responsible if their employee takes a reprisal against you.\n\n## What Agencies Must Do\n\nGovernment agencies that receive a disclosure must:\n- Have clear, published procedures for handling disclosures\n- Properly assess and (where appropriate) investigate the disclosure\n- Keep records of all disclosures\n- Inform you about what's happening with your report\n- Protect you from reprisals\n\nThey can choose *not* to investigate if the matter is trivial, already dealt with, too old, or better handled elsewhere — but they must tell you in writing why, and you can request a review of that decision within 28 days.\n\n## Important Limits\n\n- This law covers Queensland government bodies — it does **not** generally cover fully private companies or Government-Owned Corporations (GOCs), though GOC employees have limited coverage for corruption reports\n- Your own wrongdoing is **not** protected — reporting it doesn't get you off the hook for your own conduct\n- Normal, reasonable management actions (performance reviews, genuine disciplinary action) are **not** automatically reprisals — only actions taken *because* you whistleblew are prohibited"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.17(1) and sec.17(2)","severity":"medium","reasoning":"The absolute permission to disclose anonymously in s.17(1) is directly undercut by the mandatory procedure requirement in s.17(2). Many reasonable procedures will require identifying information or structured forms that are incompatible with anonymous disclosure. The Act does not resolve this tension.","confidence":0.75,"description":"Section 17(1) states a person may make a disclosure 'in any way, including anonymously.' Section 17(2) then mandates that if a proper authority has a reasonable procedure, 'the person must use the procedure.' An anonymous disclosure by definition cannot always comply with a formal procedure (which may require identification, written forms, etc.), creating an impossible compliance situation for anonymous disclosers subject to mandatory procedures."},{"type":"other","section":"sec.12(3)","severity":"medium","reasoning":"The disjunctive structure means a public interest disclosure can be made by a person who does not believe the information shows wrongdoing. This creates absurd consequences: the person may not know they are a 'discloser' and thus cannot assert protections they do not know they have, yet entities receiving the information are legally obligated to treat it as a PID.","confidence":0.72,"description":"Section 12(3) defines when a person 'has information' as either (a) the person honestly believes on reasonable grounds the information tends to show the conduct, OR (b) the information tends to show the conduct regardless of whether the person honestly believes it. Limb (b) effectively renders limb (a) superfluous and creates an objective standard that applies even when the discloser has no belief whatsoever that the information discloses wrongdoing. This means a person can unknowingly make a legally recognised public interest disclosure without any subjective awareness of doing so, triggering protections and obligations without the discloser's knowledge."},{"type":"other","section":"sec.16(4)","severity":"medium","reasoning":"A disclosure of corrupt conduct by a chief judicial officer must go to 'the chief judicial officer' per s.16(2)(a) — who is the very subject of the complaint — or to the CCC per s.16(2)(b). While the CCC option saves the provision from total absurdity, s.16(4) then contradicts s.16(2)(a) by prohibiting the chief judicial officer from receiving disclosures that are not about another judicial officer, creating an internal inconsistency.","confidence":0.78,"description":"Section 16(4) states a chief judicial officer 'may receive a public interest disclosure only if the disclosure is about the conduct of another judicial officer of the court or tribunal.' This means a chief judicial officer cannot receive a disclosure about their own conduct, yet no alternative recipient is specified for disclosures about corrupt conduct by a chief judicial officer themselves (since s.16(2) routes such disclosures to 'the chief judicial officer' or the CCC). The CCC is available, but the section creates an asymmetry where the very officer designated as the primary recipient is excluded from receiving complaints about themselves, and the provision does not make this explicit redirect clear within the section."},{"type":"retroactive_impossibility","section":"sec.47(4) and sec.47(6)","severity":"medium","reasoning":"The deeming provision in s.47(4) manufactures a refusal decision at the moment of application, which was never actually made. This is a legal fiction designed to create appellate jurisdiction, but it means the 'decision' being appealed is one that never existed and could not have been properly considered. The chief executive is deemed to have refused a relocation request that may never have been put to them.","confidence":0.7,"description":"Section 47(4) deems the employee's application to the industrial relations commission to be 'an appeal against a decision under the Public Sector Act 2022 not to relocate the employee' and deems that decision to have been made 'by the chief executive of the employee's department on the day the employee makes the application.' However, s.47(6) then requires the agreement of the public service employee AND the other department's chief executive before relocation can be directed. This means the mechanism is structured as an appeal against a fictitious decision that was never actually made, creating a legal fiction that the chief executive declined relocation on the very day the application was lodged — before any actual consideration occurred."},{"type":"other","section":"sec.30(3)","severity":"low","reasoning":"While not strictly circular or self-contradicting, the review mechanism in s.30(3) is incomplete to the point of near-absurdity. The same chief executive officer who heads the entity that made the original decision reviews that decision, with no procedural safeguards or further appeal pathway specified in the Act.","confidence":0.65,"description":"Section 30(3) allows a person who receives written reasons for a decision not to investigate to 'apply to the chief executive of the entity for a review of the decision within 28 days.' However, the Act provides no further mechanism — no criteria for the review, no obligation on the chief executive to overturn or uphold the decision, no appeal from the review outcome, and no timeframe for completing the review. The review right is functionally hollow."},{"type":"other","section":"sec.20(1)(b)(ii)","severity":"low","reasoning":"The trigger for journalist disclosure is the absence of an action recommendation, not a finding that the investigation was inadequate or in bad faith. This could incentivise disclosers to go to the media even after a legitimate finding of no wrongdoing, potentially undermining the Act's object of proper investigation.","confidence":0.6,"description":"Section 20(1)(b)(ii) permits disclosure to a journalist where an entity 'investigated the disclosure but did not recommend the taking of any action.' This means a thorough investigation concluding no wrongdoing occurred (a legitimate outcome) is treated identically to a sham investigation designed to suppress misconduct, both triggering the journalist disclosure right. The Act does not distinguish between a genuine finding of no wrongdoing and an inadequate investigation."}],"contradictions":[{"severity":"high","section_a":"sec.16(2)","section_b":"sec.16(4)","confidence":0.82,"description":"Section 16(2) directs that a disclosure relating to a judicial officer involving corrupt conduct may be made to 'the chief judicial officer of the relevant court or tribunal.' Section 16(4) states a chief judicial officer 'may receive a public interest disclosure only if the disclosure is about the conduct of another judicial officer.' When the corrupt conduct disclosure is about the chief judicial officer themselves, s.16(2) nominates the chief judicial officer as a recipient but s.16(4) prohibits the chief judicial officer from receiving it. The CCC option in s.16(2)(b) avoids total failure, but the two provisions are directly contradictory as to the chief judicial officer's capacity to receive."},{"severity":"low","section_a":"sec.10(1)","section_b":"sec.10(2)","confidence":0.55,"description":"Section 10(1) states this Act 'does not limit the protection given by another law' and does not 'affect another remedy available to the person.' Section 10(2) then states that if there is an inconsistency between this Act and 'another law mentioned in subsection (1)', the other law prevails. The reference to 'another law mentioned in subsection (1)' is self-referential in a problematic way: subsection (1) does not 'mention' any specific other law — it refers generically to all other laws. This creates interpretive uncertainty about which laws are captured by the inconsistency rule in s.10(2), and whether the inconsistency provision itself limits the protection of this Act in a way that s.10(1) says it cannot."},{"severity":"medium","section_a":"sec.44(3)(a)","section_b":"sec.44(3)(b)","confidence":0.65,"description":"Section 44(3)(a) bars an Anti-Discrimination Act complaint after court proceedings under s.42 are commenced. Section 44(3)(b) bars s.42 court proceedings after an Anti-Discrimination Act complaint is 'accepted.' The asymmetry is notable: the bar under (a) is triggered by mere commencement of court proceedings, whereas the bar under (b) requires acceptance of the complaint (a later stage). This creates a window where a person could commence s.42 proceedings and simultaneously have an Anti-Discrimination Act complaint accepted, leaving it unclear which bar applies first or whether both remedies are simultaneously extinguished."},{"severity":"low","section_a":"sec.36","section_b":"sec.39","confidence":0.5,"description":"Section 36 grants broad immunity from 'any civil or criminal liability or any liability arising by way of administrative process, including disciplinary action, for making the disclosure.' Section 39 preserves a person's liability for their own conduct disclosed. While s.39 is a clear carve-out, the interaction creates tension: a person who discloses their own misconduct gains absolute immunity for the act of disclosure (s.36) but retains full liability for the underlying conduct (s.39). In practice this is workable, but where the disclosure and the underlying conduct are inseparable (e.g., an admission in the disclosure itself), the boundary between 'liability for making the disclosure' and 'liability for the conduct' becomes unclear."},{"severity":"medium","section_a":"sec.47(5)","section_b":"sec.47(6)","confidence":0.8,"description":"Section 47(5) states the industrial relations commission 'may direct that the employee be relocated' if the ground is established. Section 47(6) states the commission 'can not direct that the employee be relocated without the agreement of the public service employee.' This creates a contradiction: the commission has the power to direct relocation under s.47(5) but cannot exercise that power without the employee's consent under s.47(6). If the employee refuses to consent, the commission's power is entirely neutralised, making the right to apply for relocation meaningless — an employee can simply withhold consent and no direction can be made. The provision appears to give a remedy that the employee must effectively grant to themselves."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaced and carried forward elements of the earlier Whistleblowers Protection Act 1994 through transitional provisions. Disclosures made under the repealed Act are taken to be disclosures under this Act (sec.74). Some remedies (vicarious liability of employers under sec.42 and Anti-Discrimination Act complaints under sec.44) apply only to reprisals that occur after commencement (secs.75–76). Standards previously made by the Public Service Commission were continued under the new oversight agency on commencement (sec.78). A 2024 amendment specifies that the public officer disclosure provision (sec.13), as amended, applies to conduct of commission officers irrespective of when the conduct occurred (sec.79). These transitional and saving provisions change the temporal scope and the institutional allocation of standards and certain liabilities compared with the repealed Act (secs.73–79)."},"complexity_factors":["Multiple definitions and cross-references (e.g. public sector entity, public officer, chief executive officer) requiring contextual reading (secs.4–8, 26).","Different disclosure channels and subject-matter rules (general public disclosures, public officer disclosures, GOCs/rail entities, judicial officers, court disclosures) creating branching decision paths (secs.12–16, 19, 23).","Interaction with other legislation and external bodies (Crime and Corruption Act, Corporations Act displacement, Anti-Discrimination Act, Industrial Relations Act), increasing interpretive complexity (secs.13, 19, 44, 48–50).","Procedural obligations on entities combined with discretionary exceptions (establishing procedures, publishing, recordkeeping, reasons for non-investigation, referral decisions) that require operational judgement (secs.28–31, 33).","Multiple remedies and enforcement mechanisms (criminal sanctions, tort damages, injunctive relief, administrative complaints) with overlapping jurisdictions (secs.36, 41–43, 48–56, 42–44).","Transitional provisions affecting timing and applicability of remedies and liabilities (secs.73–79).","Special protections and exceptions (confidentiality exclusions, journalist disclosure carve-out, judicial officer rules) that limit or expand access in specific scenarios (secs.16, 20, 37)."],"plain_english_summary":"### What this law does, who it affects, and how it works\n\n- Purpose: The Act sets out a framework for people to disclose (report) wrongdoing in the public sector, and for authorities to handle, investigate and protect people who make those disclosures (see sec.3). It defines who counts as a public sector entity, who can be a proper authority, and what kinds of information may be disclosed (see secs.5–6, 11–13).\n\n- Who can make disclosures and what may be disclosed: Any person may disclose certain dangers to people with disability, specified environmental risks, or possible reprisals (sec.12). Public officers (employees, members or officers of public sector entities) may disclose a wider range of matters including corrupt conduct, maladministration with substantial adverse effect, misuse of public resources, and serious dangers to public health, safety or the environment (sec.13). The Act treats information given and assistance supplied with a disclosure as part of the disclosure (sec.11).\n\n- To whom disclosures may be made: A disclosure can be made to a “proper authority” — a public sector entity or a member of the Legislative Assembly — depending on the subject matter and connection to the receiving entity (secs.5, 14–16, 15). There are special rules for disclosures about judicial officers (sec.16), for corporate-style government entities and rail government entities (sec.19), and for disclosures made in court proceedings (sec.23). Disclosures can be anonymous and may be made in any way, but persons must use a proper authority’s reasonable procedure if one exists (sec.17).\n\n- Protections for disclosers and limits: People who make public interest disclosures are protected from civil, criminal and administrative liability for making the disclosure (sec.36). Confidentiality duties do not stop a person from making a disclosure under the Act (sec.37). In defamation proceedings, the discloser has absolute privilege (sec.38). The Act does not protect a person from liability for their own unlawful conduct (sec.39).\n\n- Prohibition of reprisals and remedies: It is unlawful to cause detriment to someone because they made, intend to make, or were involved in a proceeding about a public interest disclosure (sec.40). Taking a reprisal is a criminal offence with a maximum penalty (167 penalty units or 2 years imprisonment) and is indictable (sec.41). The person who takes a reprisal is civilly liable in damages; courts may award any appropriate tort remedy, including exemplary damages (sec.42). Public sector employers can be vicariously liable for employees who take reprisals unless the employer proves it took reasonable steps to prevent the conduct (sec.43).\n\n- Obligations on public sector entities: The chief executive officer of any public sector entity must establish and publish reasonable procedures for handling disclosures, protecting disclosers and implementing a management program consistent with oversight standards (sec.28). The chief executive must keep records of disclosures and any action taken (sec.29). Entities must give written reasons if they decide not to investigate, and a discloser can seek a review of that decision (sec.30). Entities must give the discloser reasonable written information about how the disclosure is being handled, subject to safety, investigation and confidentiality exceptions (sec.32). An oversight agency may set standards requiring information about disclosures to be reported to it (sec.33).\n\n- Transfers, referrals and jurisdiction: Public sector entities and members of the Legislative Assembly may refer disclosures to other public sector entities if the referral entity has power to investigate or remedy the matter (secs.31, 34). A public sector entity must not refer a disclosure if it considers there is an unacceptable risk of reprisal and should consult the discloser where practicable (sec.31).\n\n- Disclosure to journalists: If a discloser already made a public interest disclosure under the Act and the receiving entity either refused to investigate, decided no action was needed, or failed to notify the discloser within 6 months, the discloser may make substantially the same disclosure to a journalist (sec.20). The Act declares such disclosure to a journalist to be a public interest disclosure and limits certain consequences for the journalist under the Act (sec.20).\n\n- Interim and court remedies: The Act provides routes to injunctive relief to stop or remedy reprisals: applications can be made to the Industrial Commission for employee-related matters (sec.48) or to the Supreme Court when the Industrial Commission route is not available (sec.49). The courts may grant interim injunctions, ordering remedial action and restraining conduct as the court considers appropriate (secs.51–54). Confidentiality and hearing-without-notice powers are available in these proceedings (sec.55). There are limits where the discloser has chosen the Anti-Discrimination Act complaint route instead of court proceedings (sec.50).\n\n- Transitional rules and continuity: Disclosures made under the repealed Whistleblowers Protection Act 1994 are taken to be disclosures under this Act (sec.74). Some remedies (vicarious liability, Anti-Discrimination Act complaints) attach only to reprisals that occur after commencement (secs.75–76). Standards previously made by one oversight body are carried over to the new oversight agency (sec.78). A 2024 amendment clarifies how disclosures involving commission officers are treated irrespective of timing (sec.79).\n\nAnalytical notes on costs, incentives, trade-offs and practical effects (source-cited)\n\n- Who pays and who decides: Public sector entities bear the implementation and compliance costs — they must create and publish procedures (sec.28), keep records (sec.29), notify disclosers in writing (sec.32), and may face civil liability (sec.43) and damages claims (sec.42) if reprisals occur. Courts and the Industrial Commission decide on injunctions and damages (secs.48–56, 42). The oversight agency can set standards that create additional reporting and process requirements (sec.33).\n\n- Compliance burden and administrative discretion: Chief executives must design and publish reasonable procedures (sec.28) and keep prescribed records (sec.29). Public sector entities have specific statutory discretion not to investigate on enumerated grounds (e.g. triviality, duplication, age of information) but must give written reasons and allow review (sec.30). Entities exercising referral powers must assess reprisal risk and consult the discloser where practicable (sec.31) — these are concrete discretion points that require judgment.\n\n- Incentives and behaviour change: The Act provides strong legal protections for disclosers (secs.36–38) and clear penalties for reprisals (secs.40–41, 42). That structure creates legal incentives for individuals to disclose and for entities to avoid reprisals (secs.36–43). Managers retain the ability to carry out reasonable management actions, but only where those actions are not taken because the person made a disclosure (sec.45) — this preserves managerial control while constraining retaliatory grounds.\n\n- Effects on private enterprise and entities outside the public sector: The Act’s primary reach is public sector entities (sec.6). Corporate entities are generally excluded unless expressly included by the Act (sec.6). Employees of government-owned corporations and rail government entities have specific disclosure routes and protections (sec.19), and the Act explicitly declares certain state provisions to displace Corporations Act provisions in that limited context (sec.19). Entities that receive public funds or are established for government purposes may be caught (sec.6), so some non-profit or private contractors funded by government could face obligations depending on how the Act and regulations apply.\n\n- Enforcement, costs and risks: Enforcement combines criminal penalties (sec.41), civil liability for damages (sec.42) and remedies including injunctions (secs.48–56). These multiple enforcement pathways create both deterrence and potential litigation costs for public sector entities and individuals. Vicarious liability (sec.43) and statutory recordkeeping and reporting standards (secs.29, 33) concentrate operational costs at the organisational level.\n\n- Implementation risks and trade-offs: The Act delegates significant procedural and evaluative tasks to chief executives and oversight standards (secs.28, 33). That centralisation of procedural design creates an implementation risk: inconsistent or inadequate procedures across entities could affect whether protections and investigatory functions operate as intended. The Act also balances protections for disclosers against managers’ ability to carry out ordinary employment actions (sec.45), which requires entities to document and justify legitimate management decisions to avoid liability.\n\nKey provisions cited in this summary: secs.3, 5–6, 11–13, 14–17, 19–20, 23, 28–33, 36–45, 48–56, 60 (referenced as standard-making power), 73–79 (transitional provisions)."}},"importantCases":[],"_links":{"self":"/api/acts/public-interest-disclosure-act-2010","history":"/api/acts/public-interest-disclosure-act-2010/history","analysis":"/api/acts/public-interest-disclosure-act-2010/analysis","conflicts":"/api/acts/public-interest-disclosure-act-2010/conflicts","importantCases":"/api/acts/public-interest-disclosure-act-2010/important-cases","documents":"/api/acts/public-interest-disclosure-act-2010/documents"}}