{"id":"a-2012-43","name":"Public Interest Disclosure Act 2012","slug":"public-interest-disclosure-act-2012","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"43 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24102,"registerId":"act-a-2012-43-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Interest Disclosure Act 2012","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Interest Disclosure Act 2012\nA2012-43\nRepublication No 7\nEffective: 4 March 2021\nRepublication date: 4 March 2021\nLast amendment made by A2020-46\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Public Interest Disclosure Act 2012 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 4 March 2021.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 4 March 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Interest Disclosure Act 2012\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Object of Act 3\nPart 2 Important concepts\n7 Meaning of public interest disclosure 4\n8 Meaning of disclosable conduct 4\n9 Meaning of public sector entity 6\n10 Meaning of public official 6\n11 Meaning of disclosure officer 7\n12 Meaning of relates to an entity 8\n13 Meaning of head of a public sector entity 8\n\nContents\nPage\ncontents 2 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Disclosing disclosable conduct\n14 Anyone may disclose disclosable conduct 10\n15 Who disclosure of disclosable conduct may be made to 10\n16 How to disclose disclosable conduct 11\n17 Giving disclosure of disclosable conduct to integrity commissioner 12\n17A When disclosure of disclosable conduct given to integrity\ncommissioner is a public interest disclosure 13\n17B Notice about disclosure of disclosable conduct that is not public\ninterest disclosure 14\nPart 4 Dealing with a public interest disclosure\n18 Meaning of investigating entity 15\n19 Integrity commissioner—investigate or refer public interest disclosure 15\n19A Notice about investigation 16\n20 Investigating public interest disclosure 17\n21 Referral to chief police officer 18\n23 Discloser must be kept informed about investigation 18\n24 Public sector entity must take action 19\n25 Integrity commissioner must be kept informed 20\n26 Limitations on obligations to keep people informed etc 21\n26A Disclosable conduct of integrity commissioner 22\nPart 5 Public interest disclosure to third parties\n27 Giving disclosure of disclosable conduct to Legislative Assembly or\njournalist 23\n27A Giving public interest disclosure to Legislative Assembly or journalist 24\nPart 6 Oversight of public interest disclosures\n28 Integrity commissioner’s functions 25\n29 Integrity commissioner may review decisions 26\n30 Report by integrity commissioner 26\n31 Integrity commissioner must tell discloser about decision 27\n32 Integrity commissioner’s guidelines 28\n33 Integrity commissioner’s procedures 28\n34 Role of ombudsman 29\n\nContents\nPage\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Protections for disclosers and witnesses\n35 Immunity from liability 31\n36 Protection from defamation action 31\n37 Loss of protection 32\n38 Liability for own conduct 32\n39 What is detrimental action? 33\n40 Offence—taking detrimental action 33\n41 Damages for detrimental action 34\n42 Injunction to prevent detrimental action etc 34\n42A Protection of witnesses 35\nPart 8 Miscellaneous\n43 Protection of officials from liability 36\n44 Offences—use or divulge protected information 37\n45 Annual reporting by integrity commissioner 39\n47 Regulation-making power 41\n48 Review of Act 41\nDictionary 42\nEndnotes\n1 About the endnotes 45\n2 Abbreviation key 45\n3 Legislation history 46\n4 Amendment history 48\n5 Earlier republications 52\n6 Expired transitional or validating provisions 53\n\n\n\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Interest Disclosure Act 2012\nAn Act to facilitate public interest disclosures and protect people making those\ndisclosures, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Public Interest Disclosure Act 2012.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘head of service—see the Public\nSector Management Act 1994, dictionary.’ means that the term ‘head of\nservice’ is defined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Object of Act\nThe object of this Act is to promote the public interest by—\n(a) providing a way for people to disclose disclosable conduct; and\n(b) ensuring people who make public interest disclosures are\nprotected and treated respectfully; and\n(c) ensuring public interest disclosures are properly investigated\nand dealt with; and\n(d) ensuring that appropriate consideration is given to the interests\nof people who make public interest disclosures and the people\nwho are the subject of the disclosures.\n\nPart 2 Important concepts\nSection 7\npage 4 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Important concepts\n7 Meaning of public interest disclosure\nIn this Act:\npublic interest disclosure means a disclosure of disclosable conduct\nthat is taken to be a public interest disclosure under section 17A (3)\nor section 27 (4).\nNote 1 Disclosers and witnesses in relation to public interest disclosures are\nprotected from liability (see pt 7).\nNote 2 A discloser for a public interest disclosure may forfeit protections\n(see s 37).\n8 Meaning of disclosable conduct\n(1) For this Act, disclosable conduct means an action or a policy, practice\nor procedure of a public sector entity, or public official for a public\nsector entity, that—\n(a) is maladministration; or\n(b) results in a substantial and specific danger to public health or\nsafety, or the environment.\n(2) However, disclosable conduct does not include an action or a policy\npractice or procedure of a public sector entity, or a public official for\na public sector entity, that—\n(a) relates to a personal work-related grievance of the person\ndisclosing the conduct; or\n\nImportant concepts Part 2\nSection 8\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) is to give effect to a policy of the Territory about amounts,\npurposes or priorities of public expenditure.\nExamples—par (a)\n1 an interpersonal conflict between the person and another employee\n2 a decision not to approve the person’s leave application\n3 a decision relating to the employment, transfer or promotion of the person\n4 a decision relating to the terms and conditions of employment of the person\n5 a decision to suspend or terminate the employment of the person, or to\ndiscipline the person\n(3) In this section:\nenvironment—see the Environment Protection Act 1997, dictionary.\nmaladministration means conduct or a policy, practice or procedure\nthat—\n(a) results in a substantial mismanagement of public resources or\npublic funds; or\n(b) involves substantial mismanagement in the performance of\nofficial functions.\npublic funds means funds available to, or under the control of, a\npublic sector entity including public and trust money within the\nmeaning of the Financial Management Act 1996.\npublic health or safety includes the health or safety of people—\n(a) under lawful care or control; or\n(b) using community facilities or services provided by the private\nsector or public sector; or\n(c) in workplaces.\nExamples—par (a)\n1 students under the care or control of a teacher\n2 patients in a health facility\n3 detainees in a correctional facility\n\nPart 2 Important concepts\nSection 9\npage 6 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Meaning of public sector entity\n(1) For this Act, a public sector entity is any of the following:\n(a) an ACTPS entity;\n(b) a Legislative Assembly entity;\n(c) an entity prescribed by regulation.\nNote ACTPS entity and Legislative Assembly entity—see the dictionary.\n(2) However, a public sector entity does not include an entity prescribed\nby regulation.\n(3) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, a regulation made for subsection (2) commences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—on the day after the day\nthe motion is negatived; or\n(b) on the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n10 Meaning of public official\nFor this Act, a public official for a public sector entity is—\n(a) a person who is or has been—\n(i) an employee of the public sector entity; or\n(ii) a contractor, employee of a contractor or volunteer\nexercising a function of the public sector entity; or\n(b) a person prescribed by regulation.\n\nImportant concepts Part 2\nSection 11\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Meaning of disclosure officer\n(1) For this Act, a disclosure officer for a disclosure of disclosable\nconduct is any of the following:\n(a) for a disclosure that relates to an ACTPS entity—\n(i) the public sector standards commissioner; or\n(ii) the head of service; or\n(iii) the auditor-general; or\n(iv) the ombudsman; or\n(v) the integrity commissioner; or\n(vi) the head of an ACTPS entity; or\n(vii) a person nominated under subsection (2) for an ACTPS\nentity;\n(b) for a disclosure that relates to a Legislative Assembly entity—\n(i) the clerk of the Legislative Assembly; or\n(ii) the auditor-general; or\n(iii) the ombudsman; or\n(iv) the integrity commissioner; or\n(v) a person nominated under subsection (2) for a Legislative\nAssembly entity.\n(2) The head of a public sector entity must—\n(a) nominate at least 1 person to be a disclosure officer for\ndisclosures of disclosable conduct for the entity; and\n(b) publish the disclosure officer’s contact details on the entity’s\nwebsite; and\n\nPart 2 Important concepts\nSection 12\npage 8 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if the entity is not the integrity commissioner—give the\ndisclosure officer’s contact details to the integrity\ncommissioner.\n(3) The integrity commissioner must publish, on the integrity\ncommissioner’s website, the contact details given under\nsubsection (2) (c).\n12 Meaning of relates to an entity\nFor this Act, a disclosure of disclosable conduct or a public interest\ndisclosure relates to an entity if it is about—\n(a) the entity’s disclosable conduct; or\n(b) for a public sector entity—the disclosable conduct of a public\nofficial for the entity; or\n(c) the disclosable conduct of another person that affects the\nexercise of functions of—\n(i) the entity; or\n(ii) for a public sector entity—a public official for the entity.\n13 Meaning of head of a public sector entity\nFor this Act, the head of a public sector entity is any of the following:\n(a) for an ACTPS entity—\n(i) for an administrative unit—the director-general of the\nadministrative unit; and\n(ii) for a territory authority—the person who has responsibility\nfor managing the affairs of the territory authority; and\n\nImportant concepts Part 2\nSection 13\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) for a territory-owned corporation or a subsidiary of a\nterritory-owned corporation—the person who has\nresponsibility for managing the affairs of the\nterritory-owned corporation; and\n(iv) for a territory instrumentality—the person who has\nresponsibility for managing the affairs of the territory\ninstrumentality; and\n(v) for a statutory office-holder—the statutory office-holder;\n(b) for a Legislative Assembly entity other than an officer of the\nAssembly—the clerk of the Legislative Assembly;\n(c) for an officer of the Assembly—the officer;\n(d) for an entity prescribed by regulation under section 9 (1) (c)—\nthe person prescribed by regulation.\n\nPart 3 Disclosing disclosable conduct\nSection 14\npage 10 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Disclosing disclosable conduct\n14 Anyone may disclose disclosable conduct\nAny person may disclose disclosable conduct.\n15 Who disclosure of disclosable conduct may be made to\n(1) A person may disclose disclosable conduct to—\n(a) a disclosure officer; or\n(b) a Minister; or\n(c) if the person is a public official for a public sector entity—\n(i) a person who, directly or indirectly, supervises or manages\nthe person; or\n(ii) for a public sector entity that has a governing board—a\nmember of the board; or\n(iii) a public official of the entity who has the function of\nreceiving information of the kind being disclosed or taking\naction in relation to that kind of information.\nExamples\n1 the chief financial officer of a public sector entity in relation to a\ndisclosure about a substantial mismanagement of public\nresources by an employee of the entity\n2 a public official on a clinical standards committee for a public\nhospital in relation to a disclosure about medical malpractice at\nthe hospital that was resulting in a substantial danger to public\nhealth\n\nDisclosing disclosable conduct Part 3\nSection 16\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If disclosable conduct is disclosed to a person mentioned in\nsubsection (1) (b) or (c), the person must give a copy of the disclosure\nto a disclosure officer.\nNote 1 A person must comply with s (2) as soon as possible after receiving the\ndisclosure of disclosable conduct (see Legislation Act, s 151B).\nNote 2 A person who discloses disclosable conduct may disclose the conduct to\nthe Legislative Assembly or a journalist in certain circumstances (see\ns 27).\n16 How to disclose disclosable conduct\n(1) A disclosure of disclosable conduct may be made—\n(a) orally or in writing; and\n(b) using any form of electronic communication; and\n(c) anonymously; and\n(d) without the person disclosing the disclosable conduct asserting\nthat the disclosure is made under this Act.\nExample\nTranh comments to her supervisor during a coffee break that she believes there are\na number of significant irregularities in the ordering of office supplies for her\nbusiness unit. Tranh does not ask or infer that the irregularities should be\ninvestigated.\n(2) If the disclosure is made orally to a person mentioned in\nsection 15 (1)—\n(a) the person must make a written record of the disclosure; and\n(b) the written record is taken to be a disclosure of disclosable\nconduct.\n(3) In this section:\nelectronic communication means communication by telephone,\nemail, fax or any other electronic means.\n\nPart 3 Disclosing disclosable conduct\nSection 17\npage 12 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Giving disclosure of disclosable conduct to integrity\ncommissioner\n(1) This section applies to a disclosure officer (other than the integrity\ncommissioner), if—\n(a) a person discloses disclosable conduct to the disclosure officer;\nand\n(b) the disclosure officer is satisfied on reasonable grounds that the\ndisclosure is—\n(i) about disclosable conduct; and\n(ii) disclosed in good faith; and\n(c) the disclosure is not about the integrity commissioner.\nNote For disclosures about disclosable conduct of the integrity commissioner,\nsee s 26A.\n(2) The disclosure officer must—\n(a) give a copy of the disclosure to the integrity commissioner; and\n(b) if the person who disclosed the conduct did not disclose the\nconduct anonymously—\n(i) give the integrity commissioner the person’s name and\ncontact details; and\n(ii) tell the person, in writing, when the disclosure was given\nto the integrity commissioner.\nNote 1 The disclosure officer must comply with s (2) as soon as possible after\nreceiving the disclosure of disclosable conduct (see Legislation Act,\ns 151B).\nNote 2 A person who discloses disclosable conduct may disclose the conduct to\nthe Legislative Assembly or a journalist in certain circumstances (see\ns 27).\n\nDisclosing disclosable conduct Part 3\nSection 17A\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17A When disclosure of disclosable conduct given to integrity\ncommissioner is a public interest disclosure\n(1) This section applies if—\n(a) a person discloses disclosable conduct to the integrity\ncommissioner; or\n(b) another disclosure officer gives the integrity commissioner a\ndisclosure of disclosable conduct under section 17.\nNote The integrity commissioner is a disclosure officer (see s 11).\n(2) The integrity commissioner must assess the disclosure and decide if\nthe commissioner is satisfied on reasonable grounds that the\ndisclosure is—\n(a) about disclosable conduct; and\n(b) disclosed in the public interest; and\n(c) not frivolous or vexatious.\n(3) If the integrity commissioner is satisfied under subsection (2), the\ndisclosure of disclosable conduct—\n(a) is taken to be a public interest disclosure; and\n(b) the person who disclosed the disclosable conduct is taken to be\nthe discloser for the public interest disclosure; and\n(c) the protections in part 7 are taken to apply to the discloser for\nthe public interest disclosure from the day the conduct was\ndisclosed.\nNote A discloser for a public interest disclosure may forfeit protections\n(see s 37).\n\nPart 3 Disclosing disclosable conduct\nSection 17B\npage 14 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17B Notice about disclosure of disclosable conduct that is not\npublic interest disclosure\n(1) If a disclosure of disclosable conduct is not taken to be a public\ninterest disclosure under section 17A (3) (a), the integrity\ncommissioner must tell the relevant people, in writing, that—\n(a) the disclosure is not taken to be a public interest disclosure; and\n(b) the protections in part 7 do not apply to the person who disclosed\nthe conduct in relation to the disclosure.\n(2) In this section:\nrelevant people means—\n(a) if the disclosure was given to the integrity commissioner by\nanother disclosure officer under section 17—the disclosure\nofficer; and\n(b) if the person who disclosed the disclosable conduct did not\ndisclose the conduct anonymously—the person.\nNote A person who discloses disclosable conduct may disclose the conduct to\nthe Legislative Assembly or a journalist in certain circumstances\n(see s 27).\n\nDealing with a public interest disclosure Part 4\nSection 18\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Dealing with a public interest\ndisclosure\n18 Meaning of investigating entity\nIn this part:\ninvestigating entity, for an investigation of a public interest\ndisclosure, means—\n(a) if the integrity commissioner does not refer the disclosure to an\nentity for investigation under section 19 (2)—the integrity\ncommissioner; or\n(b) if the integrity commissioner refers the disclosure to an entity\nfor investigation under section 19 (2)—the entity.\n19 Integrity commissioner—investigate or refer public\ninterest disclosure\n(1) This section applies to the integrity commissioner if—\n(a) a disclosure of disclosable conduct is taken to be a public interest\ndisclosure under section 17A (3); or\n(b) the integrity commissioner becomes aware of a disclosure of\ndisclosable conduct that is taken to be a public interest\ndisclosure under section 27 (4).\n(2) If the public interest disclosure relates to a public sector entity other\nthan a Legislative Assembly entity, the integrity commissioner must\ninvestigate the disclosure or refer it to 1 of the following entities for\ninvestigation:\n(a) the head of a public sector entity;\n(b) the head of service;\n(c) the ombudsman;\n(d) the public sector standards commissioner.\n\nPart 4 Dealing with a public interest disclosure\nSection 19A\npage 16 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the public interest disclosure relates to a Legislative Assembly\nentity, the integrity commissioner must investigate the disclosure.\n(4) In deciding whether to refer the public interest disclosure to an entity\nunder subsection (2), the integrity commissioner must consult the\nentity.\n(5) If the integrity commissioner refers the public interest disclosure to\nan entity under subsection (2), the integrity commissioner must give\nthe entity—\n(a) a copy of the disclosure; and\n(b) if the discloser for the public interest disclosure did not disclose\nthe conduct anonymously—the name and contact details of the\ndiscloser.\nNote For par (b), a discloser for a public interest disclosure may disclose the\nconduct to the Legislative Assembly or a journalist in certain\ncircumstances (see s 27A).\n19A Notice about investigation\n(1) This section applies if the discloser for a public interest disclosure did\nnot disclose the conduct anonymously.\n(2) The integrity commissioner must tell the discloser for the public\ninterest disclosure, in writing—\n(a) that the disclosure will be investigated under section 20; and\n(b) the name and contact details of the investigating entity for the\npublic interest disclosure; and\n(c) if the integrity commissioner refers the disclosure to an entity\nunder section 19 (2)—the date of the referral.\n(2) The integrity commissioner must give the discloser for the public\ninterest disclosure information about the following:\n(a) the obligations under section 23 (Discloser must be kept\ninformed about investigation);\n\nDealing with a public interest disclosure Part 4\nSection 20\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the circumstances mentioned in section 27A (Giving public\ninterest disclosure to Legislative Assembly or journalist);\n(c) the protections under part 7 (Protections for disclosers and\nwitnesses).\n20 Investigating public interest disclosure\n(1) The investigating entity for a public interest disclosure must—\n(a) investigate the disclosure; and\n(b) comply with the rules of natural justice and procedural fairness\nin relation to investigating the disclosure.\n(2) The investigating entity may end the investigation if—\n(a) the discloser for the public interest disclosure has withdrawn the\ndisclosure and the investigating entity is reasonably satisfied\nthat there are no further matters in relation to the disclosure that\nwarrant investigation; or\n(b) if a discloser for the public interest disclosure disclosed the\nconduct anonymously and the investigating entity is reasonably\nsatisfied that this makes it impracticable for the disclosure to be\ninvestigated; or\n(c) if the discloser for the public interest disclosure did not disclose\nthe conduct anonymously—\n(i) the investigating entity asks the discloser for assistance to\ninvestigate the disclosure; and\n(ii) the discloser fails, without reasonable excuse, to give the\nassistance; and\n(iii) the investigating entity is reasonably satisfied that this\nmakes it impracticable for the disclosure to be investigated;\nor\n\nPart 4 Dealing with a public interest disclosure\nSection 21\npage 18 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the investigating entity is reasonably satisfied that—\n(i) the disclosed information is wrong in a material way and\ninvestigation is not warranted; or\n(ii) the age of the disclosed information makes it impracticable\nfor the disclosure to be investigated; or\n(iii) there is a more appropriate way reasonably available to\ndeal with the disclosable conduct that is the subject of the\npublic interest disclosure.\nNote A discloser for a public interest disclosure may disclose the conduct to\nthe Legislative Assembly or a journalist in certain circumstances (see\ns 27A).\n21 Referral to chief police officer\nThe investigating entity for a public interest disclosure must refer the\ndisclosure to the chief police officer if satisfied on reasonable grounds\nthat the disclosable conduct the subject of the disclosure involves, or\ncould involve, an offence.\n23 Discloser must be kept informed about investigation\n(1) The investigating entity for a public interest disclosure must tell the\ndiscloser for the public interest disclosure, in writing—\n(a) the progress of the investigation of the disclosure, at least once\nevery 3 months; and\n(b) the outcome of the investigation of the disclosure, including any\naction by the head of a public sector entity in relation to the\ndisclosure under section 24; and\n(c) about any referral of the disclosure to the chief police officer\nunder section 21; and\n\nDealing with a public interest disclosure Part 4\nSection 24\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if the investigating entity for the disclosure ends the\ninvestigation under section 20—\n(i) the ground mentioned in section 20 (2) for ending the\ninvestigation; and\n(ii) the reasons for ending the investigation on that ground.\n(2) This section does not apply if the discloser for the public interest\ndisclosure—\n(a) disclosed the conduct anonymously; or\n(b) has asked, in writing, not to be kept informed about the\ndisclosure.\n(3) If the public interest disclosure has been referred to the chief police\nofficer under section 21, the investigating entity for the public interest\ndisclosure is only required to comply with subsection (1) (a), (b)\nand (d) to the extent that relevant information has been given to the\nentity by the chief police officer.\nNote 1 Certain information need not be given to the discloser for a public interest\ndisclosure (see s 26).\nNote 2 A discloser for a public interest disclosure may disclose the conduct to\nthe Legislative Assembly or a journalist in certain circumstances\n(see s 27A).\n24 Public sector entity must take action\n(1) If a head of a public sector entity believes on reasonable grounds that\ndisclosable conduct has occurred, is likely to have occurred or is\nlikely to occur, the entity must take action necessary and reasonable\nto—\n(a) prevent the disclosable conduct continuing or occurring in the\nfuture; and\n\nPart 4 Dealing with a public interest disclosure\nSection 25\npage 20 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if an investigation of a public interest disclosure in relation to\nthe disclosable conduct has been completed—discipline any\nperson responsible for the disclosable conduct.\nNote Disclosable conduct includes taking detrimental action (see s 8 and s 40).\n(2) The head of the public sector entity must—\n(a) tell the integrity commissioner about any action taken or\nproposed to be taken; and\n(b) tell the discloser for the public interest disclosure about any\naction taken or proposed to be taken unless—\n(i) the discloser disclosed the conduct anonymously; or\n(ii) the discloser has asked, in writing, not to be kept informed\nabout the public interest disclosure.\nNote 1 Certain information need not be given to the discloser for a public interest\ndisclosure (see s 26).\nNote 2 A discloser for a public interest disclosure may disclose the conduct to\nthe Legislative Assembly or a journalist in certain circumstances (see\ns 27A).\n25 Integrity commissioner must be kept informed\n(1) If the investigating entity for a public interest disclosure is not the\nintegrity commissioner, the entity must tell the commissioner about\nthe following:\n(a) the progress and outcome of an investigation of the disclosure;\n(b) the referral of the disclosure under section 21 (Referral to chief\npolice officer);\n(c) any action taken, or proposed to be taken, in relation to\ndisclosable conduct the subject of the disclosure;\n(d) a decision to end the investigation of the disclosure and—\n(i) the ground mentioned in section 20 for the decision; and\n\nDealing with a public interest disclosure Part 4\nSection 26\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the reasons for making the decision on that ground; and\n(iii) if the ground mentioned in section 20 (2) (d) (iii) was a\nreason for the decision—how the disclosure was otherwise\ndealt with and the result (if any) of dealing with the\ndisclosure in that way.\nNote An investigating entity must comply with this section as soon as possible\nafter an investigation etc is completed (see Legislation Act, s 151B).\n(2) If the public interest disclosure has been referred to the chief police\nofficer, the investigating entity is only required to comply with\nsubsection (1) (a), (c) and (d) to the extent that relevant information\nhas been given to the entity by the chief police officer.\n26 Limitations on obligations to keep people informed etc\n(1) A person, including a discloser for a public interest disclosure, need\nnot be told about information in relation to a public interest disclosure\nif telling the person would be likely to adversely affect—\n(a) a person’s safety; or\n(b) an investigation relating to the disclosure.\nExample\nThe integrity commissioner need not give the head of a public sector entity\nto which a public interest disclosure relates a copy or record of the disclosure\nif the integrity commissioner believes it is likely that detrimental action will\nbe taken against the discloser for the public interest disclosure as a result.\n(2) However, subsection (1) does not apply to section 21 (Referral to\nchief police officer).\n(3) A discloser for a public interest disclosure need not be told\ninformation about the disclosure, if telling the discloser—\n(a) would, or could reasonably be expected to, identify another\nperson who gives information in relation to the disclosure; or\n(b) is contrary to a law in force in the Territory.\n\nPart 4 Dealing with a public interest disclosure\nSection 26A\npage 22 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26A Disclosable conduct of integrity commissioner\n(1) This section applies if—\n(a) a person discloses disclosable conduct about the integrity\ncommissioner to a person mentioned in section 15 (1) (the\nreceiver); and\n(b) the receiver is satisfied on reasonable grounds that the\ndisclosure—\n(i) is about disclosable conduct; and\n(ii) is disclosed in good faith.\n(2) The receiver must—\n(a) give a copy of the disclosure of disclosable conduct to the\ninspector; and\n(b) if the person did not disclose the conduct anonymously—\n(i) give the inspector the name and contact details of the\nperson; and\n(ii) tell the person, in writing, the date when the disclosure was\ngiven to the inspector.\n(3) If the receiver gives a disclosure of disclosable conduct to the\ninspector under subsection (2), the disclosure is taken to be a\ncomplaint to the inspector under the Integrity Commission Act 2018,\nsection 257 (Inspector—making a complaint to the inspector).\n(4) In this section:\ninspector—see the Integrity Commission Act 2018, dictionary.\n\nPublic interest disclosure to third parties Part 5\nSection 27\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Public interest disclosure to third\nparties\n27 Giving disclosure of disclosable conduct to Legislative\nAssembly or journalist\n(1) This section applies to a person who—\n(a) disclosed disclosable conduct to a person mentioned in\nsection 15 (1); and\n(b) did not disclose the conduct anonymously; and\n(c) has not received the notice mentioned in section 17B or 19A\nwithin 3 months after the day the person disclosed the\ndisclosable conduct.\n(2) The person may disclose the disclosable conduct to a member of the\nLegislative Assembly or a journalist.\n(3) The person may only disclose information that is reasonably\nnecessary to show that the conduct is disclosable conduct.\n(4) The disclosure of disclosable conduct by the person under\nsubsection (2) is taken to be a public interest disclosure.\n(5) The person is taken to be the discloser for a public interest disclosure.\n(6) The protections in part 7 are taken to apply to the person from the day\nthe person disclosed the conduct.\nNote 1 The integrity commissioner must refer or investigate the disclosure under\ns 19.\nNote 2 A discloser for a public interest disclosure may forfeit protections\n(see s 37).\n\nPart 5 Public interest disclosure to third parties\nSection 27A\npage 24 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27A Giving public interest disclosure to Legislative Assembly\nor journalist\n(1) A discloser for a public interest disclosure may give the public\ninterest disclosure to a member of the Legislative Assembly or a\njournalist if—\n(a) the discloser is told under section 19A that the disclosure will be\ninvestigated, but is not told about the progress of the\ninvestigation under section 23 for more than 3 months; or\n(b) the following applies:\n(i) the public interest disclosure is investigated\nunder section 20;\n(ii) there is clear evidence that 1 or more instances of\ndisclosable conduct mentioned in the disclosure has\noccurred, or was likely to have occurred;\n(iii) the discloser is told by the investigating entity that no\naction will be taken in relation to the disclosable conduct\nunder section 24 (Public sector entity must take action).\n(2) The discloser for a public interest disclosure may only give the\nLegislative Assembly or a journalist information reasonably related\nto the disclosure.\n\nOversight of public interest disclosures Part 6\nSection 28\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Oversight of public interest\ndisclosures\n28 Integrity commissioner’s functions\n(1) The integrity commissioner has the following functions:\n(a) to give advice about disclosures of disclosable conduct and\npublic interest disclosures;\n(b) to monitor how public sector entities deal with disclosures of\ndisclosable conduct and public interest disclosures;\n(c) to review the way in which public sector entities investigate and\ndeal with public interest disclosures generally, or particular\npublic interest disclosures;\n(d) to ensure just outcomes for people who make public interest\ndisclosures, including by preventing and remedying the effect of\ndetrimental action against people because of public interest\ndisclosures;\n(e) to undertake, or coordinate the undertaking of, education and\ntraining programs about disclosures of disclosable conduct and\npublic interest disclosures.\n(2) The integrity commissioner may tell the ombudsman about a\ndisclosure of disclosable conduct or a public interest disclosure if the\ncommissioner believes it is appropriate for the ombudsman to know\nabout the disclosure.\n\nPart 6 Oversight of public interest disclosures\nSection 29\npage 26 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Integrity commissioner may review decisions\n(1) The integrity commissioner may, at any time, review—\n(a) a decision by another investigating entity to end its investigation\nof a public interest disclosure under section 20 (2); and\n(b) an action taken, or proposed to be taken, by a public sector entity\nin relation to disclosable conduct the subject of a public interest\ndisclosure.\n(2) The integrity commissioner may ask anyone to give the commissioner\ninformation, including protected information, relevant to the\ninvestigation of the disclosure.\n(3) A public sector entity or public official must comply with a request\nmade to the entity or official.\n(4) After reviewing a decision, the integrity commissioner may—\n(a) amend the decision; or\n(b) set aside the decision and substitute a new decision; or\n(c) take no action.\n(5) After reviewing an action, or proposed action, the integrity\ncommissioner may direct a public sector entity or public official to\ntake, or not take, action in relation to the disclosable conduct.\n30 Report by integrity commissioner\n(1) The integrity commissioner may give a report to the Minister about—\n(a) a public sector entity’s public interest disclosure procedures; or\n(b) how a disclosure of disclosable conduct or a public interest\ndisclosure is dealt with by a public sector entity.\n\nOversight of public interest disclosures Part 6\nSection 31\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, the integrity commissioner—\n(a) may only include in a report information that may be adverse to,\nor critical of, a person if the commissioner has given the person\nan opportunity to be heard; and\n(b) must not include in a report information that is likely to\nadversely affect—\n(i) a person’s safety; or\n(ii) an investigation relating to the disclosure.\n(3) The Minister must present the report to the Legislative Assembly\nwithin 9 sitting days after the day the report is given to the Minister.\n(4) Subsection (2) (a) applies whether or not the adverse or critical\nmaterial is—\n(a) express or implicit; or\n(b) by way of opinion or otherwise.\n31 Integrity commissioner must tell discloser about decision\n(1) If the integrity commissioner makes a decision under\nsection 29 (4) (a) or (b), the commissioner must tell the discloser for\nthe public interest disclosure that is the subject of the decision—\n(a) the commissioner’s decision; and\n(b) the reasons for the commissioner’s decision.\n(2) This section does not apply if—\n(a) the discloser for the public interest disclosure disclosed the\nconduct anonymously; or\n(b) the discloser has asked in writing not to be kept informed about\nthe public interest disclosure.\nNote Certain information need not be given to the discloser for a public interest\ndisclosure (see s 26).\n\nPart 6 Oversight of public interest disclosures\nSection 32\npage 28 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Integrity commissioner’s guidelines\n(1) The integrity commissioner must make guidelines about—\n(a) the way investigating entities investigate public interest\ndisclosures; and\n(b) the way in which public sector entities deal with disclosures of\ndisclosable conduct and public interest disclosures; and\n(c) the way members of the Legislative Assembly are to deal with—\n(i) disclosures of disclosable conduct made under section 27\n(Giving disclosure of disclosable conduct to Legislative\nAssembly or journalist); and\n(ii) public interest disclosures made under section 27A\n(Giving public interest disclosure to Legislative Assembly\nor journalist).\n(2) A guideline is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n33 Integrity commissioner’s procedures\n(1) The integrity commissioner must make procedures for dealing with\ndisclosures of disclosable conduct and public interest disclosures.\n(2) The procedures must include—\n(a) clear obligations on public sector entities and their public\nofficials to take action to protect disclosers for public interest\ndisclosures; and\n\nOversight of public interest disclosures Part 6\nSection 34\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) risk management steps for assessing and minimising—\n(i) detrimental action against people because of public interest\ndisclosures; and\n(ii) detriment to people against whom allegations of\ndisclosable conduct are made in a public interest\ndisclosure.\n34 Role of ombudsman\n(1) This section applies if any of the following entities takes an action in\nrelation to the disclosure of disclosable conduct or a public interest\ndisclosure in the exercise of a function under this Act:\n(a) the head of a public sector entity;\n(b) the head of service;\n(c) the public sector standards commissioner.\n(2) A person may complain to the ombudsman about the action.\n(3) Without limiting subsection (2), the person may complain about\nwhether a public sector entity or public official has followed—\n(a) guidelines made by the integrity commissioner under section 32;\nor\n(b) procedures issued by the integrity commissioner under\nsection 33.\n(4) The ombudsman may exercise the following functions in relation to\nthe complaint:\n(a) giving advice about disclosures of disclosable conduct or public\ninterest disclosures;\n(b) monitoring the management of disclosures of disclosable\nconduct or public interest disclosures by the entity;\n\nPart 6 Oversight of public interest disclosures\nSection 34\npage 30 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) reviewing the way in which the entity dealt with or investigated\nthe disclosure of disclosable conduct or public interest\ndisclosure that is the subject of the complaint;\n(d) ensuring just outcomes for people who make public interest\ndisclosures, including preventing and remedying the effect of\ndetrimental action taken against disclosers or witnesses because\nof a public interest disclosure.\n(5) Nothing in this Act is intended to limit the ombudsman’s powers\nunder the Ombudsman Act 1989.\n\nProtections for disclosers and witnesses Part 7\nSection 35\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Protections for disclosers and\nwitnesses\n35 Immunity from liability\nIf a person makes a public interest disclosure—\n(a) the making of the public interest disclosure is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; or\n(iv) if the disclosure is made in relation to a member of the\nLegislative Assembly—a contempt of the Assembly; and\n(b) the discloser does not incur civil or criminal liability only\nbecause of the making of the public interest disclosure; and\n(c) for a discloser who is a public official—the discloser is not liable\nto administrative action (including disciplinary action or\ndismissal) only because of the making of the public interest\ndisclosure.\n36 Protection from defamation action\nWithout limiting section 35, in a proceeding for defamation brought\nbecause of a public interest disclosure, the discloser for the public\ninterest disclosure has a defence of absolute privilege for publishing\nthe information disclosed.\n\nPart 7 Protections for disclosers and witnesses\nSection 37\npage 32 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Loss of protection\n(1) This section applies to a discloser for a public interest disclosure if a\ncourt is satisfied that—\n(a) the discloser has given information about the disclosure, or part\nof the disclosure, to a person investigating the disclosure that the\ndiscloser knows is false or misleading; or\n(b) the disclosure, or part of the disclosure, is vexatious.\n(2) The discloser forfeits the protections under this Act in relation to the\npublic interest disclosure, or part of the disclosure.\n(3) However, a court may make an order that subsection (2) does not\napply if the court considers that the discloser’s conduct mentioned in\nsubsection (1) (a)—\n(a) has not materially prejudiced the investigation of the public\ninterest disclosure; and\n(b) is of a minor nature.\n38 Liability for own conduct\n(1) A person’s liability for the person’s own conduct is not affected by\nthe person’s disclosure of that conduct under this Act.\n(2) In this section:\nliability includes civil or criminal liability or any liability arising from\nan administrative action (including disciplinary action or dismissal).\n\nProtections for disclosers and witnesses Part 7\nSection 39\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 What is detrimental action?\nFor this Act, detrimental action is action that involves—\n(a) discriminating against a person by treating, or proposing to treat,\nthe person unfavourably in relation to the person’s reputation,\ncareer, profession, employment or trade; or\n(b) harassing or intimidating a person; or\n(c) injuring a person; or\n(d) damaging a person’s property.\n40 Offence—taking detrimental action\n(1) A person commits an offence if the person (the retaliator) takes\ndetrimental action because of a public interest disclosure.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(2) For this Act, a retaliator takes detrimental action because of a public\ninterest disclosure if the retaliator takes, or threatens to take,\ndetrimental action against someone else because—\n(a) a person has made, or intends to make, a public interest\ndisclosure; or\n(b) the retaliator believes that a person has made or intends to make\na public interest disclosure.\n(3) In determining whether a retaliator has taken detrimental action\nbecause of a public interest disclosure, it is sufficient if a reason\nmentioned in subsection (2) is a contributing reason.\n\nPart 7 Protections for disclosers and witnesses\nSection 41\npage 34 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41 Damages for detrimental action\n(1) A person who takes detrimental action against someone else because\nof a public interest disclosure is liable in damages to anyone who\nsuffers detriment as a result.\n(2) Detrimental action is a tort and damages may be recovered in a\nproceeding in a court of competent jurisdiction.\n(3) Any remedy that may be given by a court for a tort, including\nexemplary damages, may be given by a court in a proceeding under\nthis section.\n(4) The right of a person to bring a proceeding for damages under this\nsection does not affect any other right or remedy available to the\nperson arising from detrimental action.\n42 Injunction to prevent detrimental action etc\n(1) On application, the Supreme Court may—\n(a) if satisfied that a person has taken detrimental action because of\na public interest disclosure—order the person who took the\ndetrimental action to remedy the action; or\n(b) if satisfied that a person is taking, or is likely to take, detrimental\naction because of a public interest disclosure—grant an\ninjunction to prevent the detrimental action being taken.\n(2) An application may be made by—\n(a) the integrity commissioner; or\n(b) the discloser for the public interest disclosure; or\n(c) a person against whom the detrimental action has been or is\nlikely to be taken.\n\nProtections for disclosers and witnesses Part 7\nSection 42A\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The Supreme Court may grant an interim injunction restraining a\nperson from taking detrimental action because of a public interest\ndisclosure before deciding an application for an injunction under this\nsection.\n42A Protection of witnesses\n(1) A person is not subject to criminal or civil liability because the person\n(voluntarily or otherwise) gives information, produces a document or\nanswers a question in relation to a public interest disclosure if—\n(a) the person does so at the request of the investigating entity for\nthe public interest disclosure; and\n(b) the information, document or answer is relevant to the\ninvestigation of the public interest disclosure by the entity.\n(2) However, if the information, document or answer relates to the\nperson’s own conduct, this section does not affect their liability for\nthe conduct.\n\nPart 8 Miscellaneous\nSection 43\npage 36 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Miscellaneous\n43 Protection of officials from liability\n(1) An official is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any civil liability that would, apart from subsection (1), attach to an\nofficial attaches instead to the Territory.\n(3) In this section:\nofficial means—\n(a) the integrity commissioner; or\n(b) the ombudsman; or\n(c) a disclosure officer; or\n(d) an investigating entity other than the integrity commissioner; or\n(e) a person authorised under this Act to do or not to do a thing.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n\nMiscellaneous Part 8\nSection 44\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n44 Offences—use or divulge protected information\n(1) A person to whom this section applies commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A person to whom this section applies commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply if the information is used or\ndivulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, by a person to whom\nthis section applies, under this Act or another territory law; or\n(c) in a court proceeding.\n\nPart 8 Miscellaneous\nSection 44\npage 38 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Subsections (1) and (2) do not apply to the using or divulging of\nprotected information about a person with the person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law in force in the ACT.\n(6) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish.\nperson to whom this section applies means—\n(a) a person who is or has been—\n(i) the integrity commissioner; or\n(ii) the ombudsman; or\n(iii) a disclosure officer; or\n(iv) an investigating entity other than the integrity\ncommissioner; or\n(b) anyone else who has exercised a function under this Act.\nproduce includes allow access to.\n\nMiscellaneous Part 8\nSection 45\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\nExamples—protected information\n1 information given to a disclosure officer whether or not it is a public interest\ndisclosure\n2 information given to an investigating entity about a public interest disclosure\nby someone other than the discloser for the public interest disclosure\n3 information that would identify the discloser for the public interest disclosure\nor would allow the discloser’s identity to be worked out\n4 information that would identify a person, other than the discloser for the public\ninterest disclosure, who has given information to an investigating entity about\na public interest disclosure or would allow the person’s identity to be worked\nout\nuse, in relation to information, includes make a record of the\ninformation.\n45 Annual reporting by integrity commissioner\n(1) The integrity commissioner must include the following information\nin the commission annual report for each year:\n(a) the number of disclosures of disclosable conduct given to the\nintegrity commissioner under section 17;\n(b) the number of disclosures of disclosable conduct taken to be\npublic interest disclosures under section 17A (3);\n(c) the number of disclosures of disclosable conduct not taken to be\npublic interest disclosures under section 17A (3);\n(d) for a disclosure of disclosable conduct not taken to be a public\ninterest disclosure under section 17A (3)—information about\nthe ground the integrity commissioner was not satisfied of in\nrelation to the disclosure;\n\nPart 8 Miscellaneous\nSection 45\npage 40 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the number of referrals under section 19 (Integrity\ncommissioner—investigate or refer public interest disclosure);\n(f) the number of investigations under section 20, including—\n(i) for each investigating entity for a public interest\ndisclosure—the number of investigations of public interest\ndisclosures by the entity; and\n(ii) whether, on investigation, the public interest disclosure\nwas about disclosable conduct; and\n(iii) the number of investigations brought to an end under\nsection 20; and\n(iv) the ground mentioned in section 20 (2) for ending the\ninvestigation;\n(g) the number of referrals under section 21 (Referral to chief police\nofficer);\n(h) information about any action taken in accordance with\nsection 24 (Public sector entity must take action);\n(i) the number of reviews under section 29 (Integrity commissioner\nmay review decisions);\n(j) the number of reports under section 30 (Report by integrity\ncommissioner);\n(k) the number of prosecutions under section 40 (Offence—taking\ndetrimental action);\n(l) information about education and training programs about\ndisclosable conduct and public interest disclosures undertaken\nor coordinated by the integrity commissioner.\n(2) In this section:\ncommission annual report—see the Integrity Commission Act 2018,\nsection 217.\n\nMiscellaneous Part 8\nSection 47\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n48 Review of Act\n(1) The Minister must, in consultation with the Speaker, review the\noperation of this Act—\n(a) at the same time as the Minister reviews the Integrity\nCommission Act 2018 under section 303 of that Act; and\n(b) in conjunction with that Act.\n(2) The Minister must present a report of the review to the Legislative\nAssembly at the same time the Minister presents a report of the review\nof the Integrity Commission Act 2018 under section 303 (2) of that\nAct.\n\nDictionary\npage 42 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• auditor-general\n• entity\n• head of service\n• integrity commissioner\n• Legislative Assembly\n• Minister (see s 162)\n• Office of the Legislative Assembly\n• officer of the Assembly\n• ombudsman\n• public sector standards commissioner\n• public service\n• statutory office-holder\n• Supreme Court\n• territory authority\n• territory instrumentality\n• territory law\n• territory-owned corporation\n• the Territory.\nACTPS entity means any of the following:\n(a) the public service;\n(b) a territory authority;\n(c) a territory-owned corporation;\n\nDictionary\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a subsidiary of a territory-owned corporation;\n(e) a territory instrumentality;\n(f) a statutory office-holder.\ndetrimental action—see section 39.\ndisclosable conduct—see section 8.\ndiscloser, for a public interest disclosure, means the person who\ndiscloses disclosable conduct that is taken to be a public interest\ndisclosure under—\n(a) section 17A (2); or\n(b) section 27 (4).\ndisclosure officer, for a disclosure of disclosable conduct—see\nsection 11.\nhead, of a public sector entity—see section 13.\ninvestigating entity, for an investigation of a public interest\ndisclosure—see section 18.\nLegislative Assembly entity means any of the following:\n(a) a member of the Legislative Assembly;\n(b) the Office of the Legislative Assembly;\n(c) a person employed under the Legislative Assembly (Members’\nStaff) Act 1989;\n(d) an officer of the Assembly.\nprotected information—see section 44 (6).\npublic interest disclosure—see section 7.\n\nDictionary\npage 44 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npublic interest disclosure procedures means procedures under\nsection 33 (1).\npublic official, for a public sector entity—see section 10.\npublic sector entity—see section 9.\nrelates, to an entity—see section 12.\ntakes, detrimental action—see section 40 (2).\n\nEndnotes\nAbout the endnotes 1\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 46 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nPublic Interest Disclosure Act 2012 A2012-43\nnotified LR 5 September 2013\ns 1, s 2 commenced 5 September 2013 (LA s 75 (1))\nremainder commenced 1 February 2013 (s 2)\nas amended by\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.6\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 July 2014 (s 2)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.20\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.20 commenced 3 June 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.54\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.54 commenced 1 September 2016 (s 2)\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.19 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.19 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\n\nEndnotes\nLegislation history 3\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPublic Interest Disclosure Amendment Act 2020 A2020-46\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nremainder commenced 4 March 2021 (s 2 and LA s 79)\n\nEndnotes\n4 Amendment history\npage 48 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nObject of Act\ns 6 am A2020-46 s 4\nMeaning of public interest disclosure\ns 7 sub A2020-46 s 5\nMeaning of disclosable conduct\ns 8 sub A2020-46 s 5\nMeaning of disclosure officer\ns 11 am A2018-52 amdt 1.98, amdt 1.99; pars renum R6 LA;\nA2020-46 ss 6-9\nMeaning of relates to an entity\ns 12 am A2020-46 s 10\nMeaning of head of a public sector entity\ns 13 am A2013-41 amdt 1.28; pars renum R2 LA\nDisclosing disclosable conduct\npt 3 hdg sub A2020-46 s 11\nAnyone may disclose disclosable conduct\ns 14 sub A2020-46 s 11\nWho disclosure of disclosable conduct may be made to\ns 15 sub A2020-46 s 11\nHow to disclose disclosable conduct\ns 16 sub A2020-46 s 11\nGiving disclosure of disclosable conduct to integrity commissioner\ns 17 am A2016-52 amdt 1.146\nsub A2020-46 s 11\nWhen disclosure of disclosable conduct given to integrity commissioner is a\npublic interest disclosure\ns 17A ins A2020-46 s 11\nNotice about disclosure of disclosable conduct that is not public interest\ndisclosure\ns 17B ins A2020-46 s 11\nDealing with a public interest disclosure\npt 4 hdg sub A2020-46 s 12\nMeaning of investigating entity\ns 18 sub A2020-46 s 13\n\nEndnotes\nAmendment history 4\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nIntegrity commissioner—investigate or refer public interest disclosure\ns 19 sub A2020-46 s 13\nNotice about investigation\ns 19A ins A2020-46 s 13\nInvestigating public interest disclosure\ns 20 sub A2020-46 s 13\nInvestigating entity must keep referring entity informed\ns 22 om A2020-46 s 14\nDiscloser must be kept informed about investigation\ns 23 sub A2020-46 s 14\nPublic sector entity must take action\ns 24 am A2020-46 s 15, s 16\nIntegrity commissioner must be kept informed\ns 25 hdg sub A2020-46 s 17\ns 25 am A2020-46 ss 18-22\nLimitations on obligations to keep people informed etc\ns 26 am A2020-46 ss 23-25\nDisclosable conduct of integrity commissioner\ns 26A ins A2020-46 s 26\nGiving disclosure of disclosable conduct to Legislative Assembly or\njournalist\ns 27 sub A2020-46 s 27\nGiving public interest disclosure to Legislative Assembly or journalist\ns 27A ins A2020-46 s 27\nIntegrity commissioner’s functions\ns 28 sub A2020-46 s 28\nIntegrity commissioner may review decisions\ns 29 hdg sub A2020-46 s 29\ns 29 am A2020-46 ss 30-33\nReport by integrity commissioner\ns 30 hdg sub A2020-46 s 34\ns 30 am A2020-46 ss 35-37\nIntegrity commissioner must tell discloser about decision\ns 31 hdg sub A2020-46 s 38\ns 31 am A2020-46 ss 39-41\nIntegrity commissioner’s guidelines\ns 32 hdg sub A2020-46 s 42\ns 32 am A2020-46 s 43\n\nEndnotes\n4 Amendment history\npage 50 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nIntegrity commissioner’s procedures\ns 33 sub A2020-46 s 44\nRole of ombudsman\ns 34 sub A2020-46 s 44\nProtections for disclosers and witnesses\npt 7 hdg sub A2020-46 s 45\nProtection from defamation action\ns 36 sub A2020-46 s 46\nLoss of protection\ns 37 am A2020-46 ss 47-50\nDamages for detrimental action\ns 41 am A2020-46 s 51\nInjunction to prevent detrimental action etc\ns 42 sub A2020-46 s 52\nProtection of witnesses\ns 42A ins A2020-46 s 52\nProtection of officials from liability\ns 43 am A2020-46 s 53, s 54\nOffences—use or divulge protected information\ns 44 am A2020-46 ss 55-57\nAnnual reporting by integrity commissioner\ns 45 om A2015-16 amdt 1.25\nins A2020-46 s 58\nApproved forms\ns 46 om A2020-46 s 59\nReview of Act\ns 48 ins A2020-46 s 60\nTransitional\npt 20 hdg exp 1 February 2018 (s 103)\nAct applies to disclosures made after commencement\ns 100 exp 1 February 2018 (s 103)\nPublic Interest Disclosure Act 1994 applies to disclosures made before\ncommencement\ns 101 exp 1 February 2018 (s 103)\nTransitional regulations\ns 102 exp 1 February 2018 (s 103)\nExpiry—pt 20\ns 103 exp 1 February 2018 (s 103)\n\nEndnotes\nAmendment history 4\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepeals and consequential amendments\npt 21 hdg om LA s 89 (3)\nRepeal of Public Interest Disclosure Act 1994\ns 104 om LA s 89 (3)\nOmbudsman Act 1989, section 4A (c)\ns 105 om LA s 89 (3)\nOmbudsman Act 1989, new section 5 (2A)\ns 106 om LA s 89 (3)\nDictionary\ndict am A2013-41 amdt 1.29; A2016-52 amdt 1.147, amdt 1.148;\nA2018-52 amdt 1.100; A2020-46 s 61\ndef ACTPS entity am A2016-52 amdt 1.149\ndef commissioner am A2016-52 amdt 1.150\nom A2020-46 s 62\ndef contact details om A2020-46 s 62\ndef discloser sub A2020-46 s 63\ndef disclosure officer am A2020-46 s 64\ndef head of service om A2016-52 amdt 1.151\ndef investigating entity pars renum R2 LA\nsub A2020-46 s 65\ndef Legislative Assembly entity am A2013-41 amdt 1.30\n\nEndnotes\n5 Earlier republications\npage 52 Public Interest Disclosure Act 2012\nEffective: 04/03/21\nR7\n04/03/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 Feb 2013\n1 Feb 2013–\n30 June 2014\nnot amended new Act\nR2\n1 July 2014\n1 July 2014–\n2 June 2015\nA2013-41 amendments by\nA2013-41\nR3\n3 June 2015\n3 June 2015–\n31 Aug 2016\nA2015-16 amendments by\nA2015-16\nR4\n1 Sept 2016\n1 Sept 2016–\n1 Feb 2018\nA2016-52 amendments by\nA2016-52\nR5\n2 Feb 2018\n2 Feb 2018–\n30 Nov 2019\nA2016-52 expiry of\ntransitional\nprovisions (pt 20)\nR6\n1 Dec 2019\n1 Dec 2019–\n3 Mar 2021\nA2019-18 amendments by\nA2018-52 as\namended by\nA2019-18\n\nEndnotes\nExpired transitional or validating provisions 6\nR7\n04/03/21\nPublic Interest Disclosure Act 2012\nEffective: 04/03/21\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2012 Act was substantially rewritten by the 2020 amendments (A2020-46). The scope shifted from a simpler internal disclosure system to a more complex two-tier model that distinguishes between 'disclosable conduct' (any report) and 'public interest disclosures' (protected reports). The 2020 changes also integrated the system with the new Integrity Commission Act 2018, added external disclosure pathways to journalists/MLAs, and expanded protections. The amendment history shows nearly every operative section was substituted or amended, indicating significant scope evolution from the original 2012 intent."},"complexity_factors":["Two-tier disclosure system (disclosable conduct vs public interest disclosure) with different triggers and protections","Multiple defined terms (15+ in dictionary plus signpost definitions to other Acts)","Cross-references to Integrity Commission Act 2018, Ombudsman Act 1989, Criminal Code, and other territory laws","Conditional logic for when protections apply (good faith tests, public interest assessments, frivolous/vexatious exclusions)","Nested exceptions for when information need not be disclosed (safety risks, investigation integrity, anonymity)","Specific procedural requirements for different entity types (ACTPS vs Legislative Assembly entities)","Time-based triggers (3-month waiting periods for external disclosure)","Overlapping oversight roles between Integrity Commissioner and Ombudsman"],"plain_english_summary":"This Act creates an ACT public‑sector whistleblower regime: anyone can report serious wrongdoing (misuse of public money, risks to health/safety, environmental harm) and receive legal protection against retaliation. \n\nThe Integrity Commissioner oversees assessment and investigation, agencies must respond, and if internal processes stall people can still go to the media or an MLA while keeping protections — aiming to encourage reporting and stop fear of reprisal."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act as republished incorporates substantial amendments (notably A2020‑46 and earlier Integrity Commission amendments) that broaden and rework the original disclosure regime. The amendments centralise screening, oversight and referral functions in the Integrity Commissioner (new or expanded ss 17A, 19, 28–31), add formal notice and timeline rules for investigations (s 19A, s 23), create explicit pathways to go to the Legislative Assembly or journalists with time-based triggers (ss 27, 27A), and add new protections and offences (eg. expanded protected information offences s 44 and new witness protections s 42A). Those changes move the Act beyond a simple internal‑reporting and protection framework into a more structured, Integrity‑Commission‑centred system with stronger procedural duties on entities and more detailed enforcement and reporting mechanisms (see amendment history A2020‑46)."},"complexity_factors":["Multiple defined concepts with cross-references to other Acts (Legislation Act, Public Sector Management Act, Integrity Commission Act, Environment Protection Act)","Separate pathways and screening rules for disclosures: direct to Integrity Commissioner (ss 17,17A), to disclosure officers or supervisors (s 15), or to MLAs/journalists after time/conditions (ss 27,27A)","Numerous conditional exceptions and nested exceptions (eg. disclosable conduct excludes personal work-related grievances s 8(2)(a); information withholding rules s 26; ending investigations s 20(2))","Multiple institutional roles and obligations: disclosure officers, heads of entities, Integrity Commissioner, Ombudsman, chief police officer, investigating entities (ss 11,13,18,19,21,34)","Procedural obligations with timeframes and reporting duties (eg. 3‑monthly updates, ss 19A,23; annual reporting s 45)","Civil and criminal enforcement strands: criminal offences (ss 40,44), civil tort remedies (s 41), injunctions (s 42)","Added complexity from substantive 2020 amendments (insertion of s17A, 17B, 19A, 26A, 27A and expanded Integrity Commissioner powers) as shown in amendment history"],"plain_english_summary":"**What this law does, mechanically (short version)**\n\n- Mechanism: The Act sets up a process for people to report (disclose) serious problems in ACT public sector organisations and protects people who make those reports if the report becomes a “public interest disclosure”. Key mechanics: definitions of what counts as disclosable conduct (s 8); who may receive a disclosure (disclosure officers, Ministers, supervisors, board members) and how disclosures are made (s 15–16); screening and formal recognition of a public interest disclosure by the Integrity Commissioner (s 17, 17A); investigation or referral of recognised public interest disclosures (s 19–20); information and reporting duties (s 19A, s 23, s 25); protections for disclosers and witnesses (pt 7, especially ss 35–36); criminal and civil sanctions for retaliatory action and for unlawful use or divulgence of protected information (ss 40, 41, 44); oversight and guidance by the Integrity Commissioner and the Ombudsman (pts 6 and 6, ss 28, 32–34); and annual public reporting obligations (s 45).\n\n**Who is affected**\n\n- Any person may make a disclosure about disclosable conduct (s 14).  \n- The law primarily targets ACT public sector entities and officials — defined to include the public service, territory authorities, statutory office‑holders and Legislative Assembly entities (s 9, dict).  \n- Relevant office-holders: disclosure officers (nominated by heads of entities) (s 11), the Integrity Commissioner (central screening, oversight, referral and investigatory functions) (ss 17A, 19, 28), investigators (head of entity, Ombudsman, or other referred entity) (s 19), and the Ombudsman (review and complaint powers) (s 34).  \n- Third parties: members of the Legislative Assembly and journalists may receive disclosures in specified circumstances (ss 27, 27A).\n\n**Why it matters (stated purpose and how the Act seeks to achieve it)**\n\n- The Act’s stated object is to promote the public interest by: providing a way to disclose disclosable conduct; protecting and treating disclosers respectfully; ensuring disclosures are properly investigated; and balancing the interests of disclosers and people the disclosures are about (s 6).\n\n- How the Act implements that claim: it permits anonymous or named disclosures (s 16), grants immunity from civil/criminal/administrative liability for recognised public interest disclosures (s 35), gives an absolute privilege defence in defamation proceedings (s 36), requires timely communications with disclosers (every 3 months at minimum) and decisions about investigations (ss 19A, 23), imposes duties on heads of entities to take reasonable action if wrongdoing is found (s 24), and gives the Integrity Commissioner broad oversight and review powers (ss 28–31).\n\n**Trade-offs, costs and incentives — what the Act creates in practice**\n\n- Incentives to report: statutory immunity (s 35) and defamation privilege (s 36) reduce legal risk for disclosers and therefore lower the individual cost of reporting. The 3‑month timelines and ability to go public (to an MLA or journalist) after delays (s 27) create an incentive for agencies to process disclosures promptly.\n\n- Screening and gatekeeping: the Integrity Commissioner decides whether a disclosure given to them is a public interest disclosure (s 17A). That central screening concentrates discretion in one office and shapes which disclosures receive statutory protections — this both channels resources to serious matters and creates an administrative gate that may delay or exclude some reports.\n\n- Administrative and compliance costs: heads of entities must nominate disclosure officers, publish contact details, receive and forward reports, investigate or respond, keep the Integrity Commissioner informed, and report actions taken (ss 11, 17, 19, 24, 25). Investigations must observe natural justice (s 20(1)) and regular reporting to disclosers (s 23). Those duties create running resource costs for entities and for the Integrity Commissioner.\n\n- Practical limits on effectiveness: anonymous disclosures are allowed (s 16(c)), but anonymous disclosures can be impracticable to investigate and are a statutory ground for ending an investigation (s 20(2)(b)). This creates a trade-off between lowering barriers to report and the investigability of the report.\n\n- Safeguards against misuse: the Act excludes purely personal work‑related grievances from disclosable conduct (s 8(2)(a)), requires good faith for a disclosure forwarded to the Integrity Commissioner (s 17(1)(b)), and permits loss of protection where a court finds a discloser provided false or vexatious information (s 37). These provisions reduce the risk of vexatious or malicious claims but add legal complexity and potential contestability.\n\n- Enforcement and deterrence: criminal penalties for taking detrimental action against a discloser (s 40) and civil remedies for victims of reprisals (s 41) create remedies and deterrence, but practical enforcement depends on investigation capacity and courts.\n\n- Confidentiality and prosecution tension: investigators must keep sensitive information protected (s 44); where a matter involves a criminal offence the investigating entity must refer it to the chief police officer (s 21), and police involvement can limit what can be disclosed back to the discloser (s 23(3), s 26).\n\n**Who pays and who bears liability**\n\n- Investigatory and compliance costs fall on public sector entities and the Integrity Commissioner’s office; exceptional civil liability for officials acting honestly attaches to the Territory (s 43(2)), so the public purse ultimately bears some liability risk. Criminal prosecutions or civil claims for damages by disclosers/targets will also impose costs on the parties and on public court resources (ss 40–42).\n\n**Mechanisms that channel behaviour and possible substitution effects**\n\n- Time-based pressure valve: if an initial internal or disclosure‑officer process stalls beyond 3 months, the discloser may go to an MLA or journalist and that disclosure is treated as a public interest disclosure (s 27). Similarly, under s 27A a discloser can go to media or Assembly if the investigating entity ceases action or fails to keep the discloser informed. Those rules create an outside option that can push agencies to act more quickly but can also produce publicity risks.\n\n**Implementation risk, bureaucratic discretion and capture risk (concise)**\n\n- The Integrity Commissioner has large discretionary roles (screening, referral, review, direction) (ss 17A, 19, 29), so the system’s effectiveness depends on resourcing, procedural transparency (guidelines and procedures required under ss 32–33), and institutional independence. Concentrating decision‑making reduces duplication but raises risk that limited capacity, inconsistent screening, or capture could determine which matters are protected and investigated.\n\n**Limited effects on private actors**\n\n- The Act mainly regulates public sector entities and public officials. It excludes policy decisions about levels or priorities of public expenditure from “disclosable conduct” (s 8(2)(b)), so its direct regulatory effect on private businesses is limited to cases where private activity affects public health/safety or public resources via services provided to the public sector (s 8(1)(b)).\n\n**Key source references for the mechanics cited above**\n- Object and scope: s 6; definitions and exclusions: s 8 (disclosable conduct), s 9 (public sector entity), s 10 (public official).  \n- Making disclosures: ss 14–17, 16 (formats and anonymity).  \n- Screening, investigation and referral: ss 17–21, 19A, 20.  \n- Information obligations and limits: ss 23–26.  \n- Protections and loss of protection: ss 35–38.  \n- Offences and remedies (reprisal, misuse of protected information): ss 40–44.  \n- Oversight, guidelines, procedures, and reporting: ss 28–33, 45.\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/public-interest-disclosure-act-2012","history":"/api/acts/public-interest-disclosure-act-2012/history","analysis":"/api/acts/public-interest-disclosure-act-2012/analysis","conflicts":"/api/acts/public-interest-disclosure-act-2012/conflicts","importantCases":"/api/acts/public-interest-disclosure-act-2012/important-cases","documents":"/api/acts/public-interest-disclosure-act-2012/documents"}}