{"id":"nsw:sl-2023-0549","name":"Public Interest Disclosures Regulation 2022","slug":"public-interest-disclosures-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"549 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175988,"registerId":"nsw-nsw:sl-2023-0549-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Public Interest Disclosures Regulation 2022](/view/html/inforce/current/sl-2023-0549).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), Schedule 3 commences.\n> \n> Note—\n> \n> See the Act, Schedule 1, section 6.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> public interest disclosure policy means a policy described in the Act, Part 4.\n> \n> the Act means the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Awareness and training—the Act, s 48(3)","content":"#### 4 Awareness and training—the Act, s 48(3)\n\n4 Awareness and training—the Act, s 48(3)\n\n> > (1) For the purposes of the Act, section 48(1)(b), an agency is to do 1 of the following as soon as reasonably practicable after a public official becomes associated with the agency—\n> > \n> > > (a) give the public official a copy of the agency’s public interest disclosure policy,\n> > \n> > > (b) direct the public official to the page of the agency’s public website or intranet, as applicable, on which the agency’s public interest disclosure policy is published,\n> > \n> > > (c) otherwise give the public official directions for accessing a copy of the agency’s public interest disclosure policy.\n> \n> > (2) An agency is to ensure a person whom the agency is responsible for training under the Act, section 48(2) is given the training—\n> > \n> > > (a) within a reasonable time after the person becomes associated with the agency, and\n> > \n> > > (b) no later than the day that is the later of the following—\n> > > \n> > > > (i) the day that is 6 months after the commencement of the Act, section 48,\n> > > \n> > > > (ii) the day that is 3 months after the person commences in a role mentioned in the Act, section 48(2)(a)–(c).\n> \n> > (3) An agency is to ensure refresher training under the Act, section 48(2) takes place at intervals of not more than 3 years.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Information to be provided in agency annual returns—the Act, s 78(4)","content":"#### 5 Information to be provided in agency annual returns—the Act, s 78(4)\n\n5 Information to be provided in agency annual returns—the Act, s 78(4)\n\n> > (1) An agency is to include the following information in an annual return in relation to each voluntary public interest disclosure received or dealt with by the agency during the return period—\n> > \n> > > (a) how the agency received the disclosure, including the date on which the agency received the disclosure,\n> > \n> > > (b) whether the disclosure was a purported public interest disclosure,\n> > \n> > > (c) the nature of the serious wrongdoing the disclosure was about,\n> > \n> > > (d) if applicable—the relationship between the maker of the disclosure and the public official whose serious wrongdoing the disclosure was about,\n> > \n> > > (e) whether the serious wrongdoing involved 1 public official or more than 1 public official,\n> > \n> > > (f) action taken by the agency to deal with the disclosure, including the date on which the agency ceased to deal with the disclosure,\n> > \n> > > (g) if the agency investigated the serious wrongdoing—a description of the results of the investigation,\n> > \n> > > (h) if applicable—the corrective action taken, proposed to be taken or recommended to be taken by the agency.\n> \n> > (2) An agency is to include the following further information in an annual return in relation to purported public interest disclosures that were not in fact public interest disclosures—\n> > \n> > > (a) the number of the disclosures received by the agency during the return period,\n> > \n> > > (b) the number of the disclosures that were made by public officials,\n> > \n> > > (c) the reasons the agency did not deal with, or ceased dealing with, each of the disclosures as a public interest disclosure.\n> \n> Note—\n> \n> The Act defines purported public interest disclosure to mean a disclosure that is—\n> \n> > (a) made in compliance with the Act, section 27, and\n> \n> > (b) not a mandatory public interest disclosure or a witness public interest disclosure, and\n> \n> > (c) stated by the maker of the disclosure to be a public interest disclosure, whether or not it is in fact a public interest disclosure.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Form of agency annual returns—the Act, s 78(4)","content":"#### 6 Form of agency annual returns—the Act, s 78(4)\n\n6 Form of agency annual returns—the Act, s 78(4)\n\n> > (1) An annual return provided by an agency is to divide voluntary public interest disclosures into the following categories and report separately on each category—\n> > \n> > > (a) category 1—voluntary public interest disclosures relating to the agency,\n> > \n> > > (b) category 2—other voluntary public interest disclosures.\n> \n> > (2) If an agency has arranged to provide an annual return on behalf of another agency or a group of agencies, the agency is to provide a separate annual return for each agency to which the arrangement relates.\n> > \n> > Note—\n> > \n> > Under the Act, section 81(2), an agency may arrange for another agency to exercise the agency’s functions under the Act on behalf of the agency.","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulation appears to operate consistently within its intended scope as subordinate legislation supporting the Public Interest Disclosures Act. No amendments or scope changes are evident from the metadata provided — it has been in force in a single version since 1 October 2023 with no recorded modifications."},"complexity_factors":["The document provided is largely metadata and status information rather than substantive legislative content, making it impossible to assess the full complexity of the regulation's operative provisions","The regulation operates as subordinate legislation under the Public Interest Disclosures Act, requiring cross-referencing with the parent Act to understand the full legal framework","Whistleblower protection schemes can involve layered obligations across multiple agencies, which may add complexity not visible in this excerpt","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension to consider","Limited actual content is available here — the true complexity score may be higher if the full regulation contains detailed procedural requirements"],"plain_english_summary":"This NSW regulation sets the practical rules supporting the Public Interest Disclosures Act: how public sector whistleblower reports are handled, what agencies must do, and what protections apply. It affects NSW public servants, agencies receiving reports, and anyone at risk of reprisal for exposing public-sector wrongdoing.\n\nIt expires automatically on 1 September 2029 under routine repeal rules."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation does not change who may make disclosures or the substantive definitions in the Act. It confines itself to procedural and administrative obligations: commencement timing, a defined term, awareness and training requirements with specific timelines, and detailed annual-return content and format (including categorisation and separate returns)."},"complexity_factors":["Cross-references to the Act for definitions and thresholds (requires reading both instruments)","Multiple timing rules for training (reasonable time, 6 months, 3 months, and 3-year refresher interval)","Detailed, itemised reporting requirements for each voluntary disclosure (origin, nature, relationships, outcomes)","Distinction between voluntary, purported, mandatory and witness disclosures requires classification effort","Requirement to produce separate annual returns per agency when one agency acts for others increases administrative steps","Procedural rather than substantive policy — low legal ambiguity but moderate operational burden"],"plain_english_summary":"This Regulation implements procedural requirements under the Public Interest Disclosures Act 2022. It fixes the Regulation’s commencement, defines the term “public interest disclosure policy”, requires agencies to give new public officials access to that policy, mandates timing for initial and refresher training, and specifies the content, categorisation and separate-return format for agency annual reports about voluntary disclosures.\n\nIt affects Commonwealth agencies and their public officials by imposing training, documentation and reporting duties; agencies decide how to comply and will bear the administrative costs of training and record-keeping."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly scoped to its original purpose: implementing specific procedural requirements from the parent Act regarding training, awareness, and annual reporting. It has not expanded beyond these administrative support functions."},"complexity_factors":["Only 3 defined terms in the interpretation section","No nested exceptions or conditional logic beyond simple timing requirements (e.g., '6 months after commencement OR 3 months after starting role')","Straightforward prescriptive obligations ('must do X') rather than discretionary powers","Minimal cross-referencing — only refers back to the parent Act for context, not for complex interdependent provisions","Short length (6 operative sections plus commencement/definitions)","Clear structure with descriptive headings that mirror the parent Act sections they implement"],"plain_english_summary":"**What this Regulation does:**\n\nThis Regulation sets out practical rules for how NSW government agencies must handle **public interest disclosures** — essentially, whistleblowing by public officials about serious wrongdoing (like corruption, serious maladministration, or serious waste of public money).\n\n**Who it affects:**\n\n- **Public officials** — anyone working for or associated with a NSW government agency who might make or receive a whistleblower report\n- **Agencies** — NSW government departments, statutory bodies, and other public sector organisations covered by the *Public Interest Disclosures Act 2022*\n\n**Three main things the Regulation requires:**\n\n1. **Awareness and training** (Section 4)\n   - Agencies must give new staff access to their whistleblower policy as soon as reasonably practicable — either a hard copy, website link, or directions on how to find it\n   - Certain senior staff (supervisors, disclosure officers, investigators) must receive training within 3 months of starting their role (or within 6 months of the law starting, whichever is later)\n   - Everyone must get refresher training at least every 3 years\n\n2. **Annual reporting details** (Section 5)\n   - Agencies must report specific information about each whistleblower complaint they receive: how it came in, what it was about, who was involved, what action was taken, and what the outcome was\n   - They must also separately report on complaints that *looked* like whistleblower reports but didn't legally qualify, including why they were rejected\n\n3. **How to format annual reports** (Section 6)\n   - Reports must split disclosures into two categories: those about the agency itself, and those about other agencies\n   - If one agency handles reporting for multiple agencies, it must submit separate reports for each\n\n**Why it matters:**\n\nThis Regulation puts meat on the bones of the main Act. Without these rules, agencies could delay training indefinitely, report inconsistently, or bury important information in confusing reports. The 3-year refresher requirement and detailed reporting obligations create accountability — ensuring whistleblower systems actually work in practice, not just on paper."}},"importantCases":[],"_links":{"self":"/api/acts/public-interest-disclosures-regulation-2022","history":"/api/acts/public-interest-disclosures-regulation-2022/history","analysis":"/api/acts/public-interest-disclosures-regulation-2022/analysis","conflicts":"/api/acts/public-interest-disclosures-regulation-2022/conflicts","importantCases":"/api/acts/public-interest-disclosures-regulation-2022/important-cases","documents":"/api/acts/public-interest-disclosures-regulation-2022/documents"}}