{"id":"tas:sr-2023-076","name":"Public Interest Disclosures Regulations 2023","slug":"public-interest-disclosures-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"76 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179417,"registerId":"tas-tas:sr-2023-076-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Public Interest Disclosures Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-076) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 10 December 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Public Interest Disclosures Act 2002](/view/html/inforce/2026-04-12/act-2002-016) ;\n> \n> > ***sending***, in relation to a disclosure, includes sending by electronic mail.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed procedures","content":"### 4 Prescribed procedures\n\n> The procedures specified in [regulations 5](#GS5@EN) , [6](#GS6@EN) , [7](#GS7@EN) and [8](#GS8@EN) are prescribed under [section 7(6)(b)](/view/html/inforce/2026-04-12/act-2002-016#GS7@Gs6@Hpb@EN) of the Act for the purpose of making disclosures under [Part 2](/view/html/inforce/2026-04-12/act-2002-016#HP2@EN) of the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Procedure for disclosures to Ombudsman","content":"### 5 Procedure for disclosures to Ombudsman\n\n> > (1)  An oral disclosure under the Act to the Ombudsman is to be made by telephone, or in person, in private to –\n> > \n> > > > (a) the Ombudsman; or\n> > > \n> > > > (b) a person employed in the office of the Ombudsman.\n> \n> > (2)  A written disclosure under the Act to the Ombudsman is to be made by –\n> > \n> > > > (a) addressing the disclosure to the Ombudsman; and\n> > > \n> > > > (b) sending or delivering the disclosure to, or leaving the disclosure at, the office of the Ombudsman.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Procedure for disclosures to President of Legislative Council or Speaker of House of Assembly","content":"### 6 Procedure for disclosures to President of Legislative Council or Speaker of House of Assembly\n\n> > (1)  An oral disclosure under the Act to the President of the Legislative Council or to the Speaker of the House of Assembly is to be made by telephone, or in person, in private to the President or the Speaker, as the case requires.\n> \n> > (2)  A written disclosure under the Act to the President of the Legislative Council or the Speaker of the House of Assembly is to be made by –\n> > \n> > > > (a) addressing the disclosure to the President or the Speaker, as the case requires; and\n> > > \n> > > > (b) sending or delivering the disclosure to, or leaving the disclosure at, the office of the President or the Speaker, as the case requires.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Procedure for disclosures to Commissioner of Police","content":"### 7 Procedure for disclosures to Commissioner of Police\n\n> > (1)  An oral disclosure under the Act made to the Commissioner of Police is to be made by telephone, or in person, in private to the Commissioner of Police.\n> \n> > (2)  A written disclosure under the Act to the Commissioner of Police is to be made by –\n> > \n> > > > (a) addressing the disclosure to the Commissioner of Police; and\n> > > \n> > > > (b) sending or delivering the disclosure to, or leaving the disclosure at, the office of the Commissioner of Police.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Procedure for disclosures to public bodies","content":"### 8 Procedure for disclosures to public bodies\n\n> > (1)  An oral disclosure under the Act to a public body is to be made by telephone, or in person, in private to a member, officer or employee of the public body.\n> \n> > (2)  A written disclosure under the Act to a public body is to be made by –\n> > \n> > > > (a) addressing the disclosure to the public body; and\n> > > \n> > > > (b) sending or delivering the disclosure to, or leaving the disclosure at, the office of the public body.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed offices for purpose of  section 41  of Act","content":"### 9 Prescribed offices for purpose of  section 41  of Act\n\n> The following offices are prescribed offices for the purpose of [section 41](/view/html/inforce/2026-04-12/act-2002-016#GS41@EN) of the Act:\n> \n> > > (a) the office of the regulator referred to in [Part 1 of Schedule 2 to the](/view/html/inforce/2026-04-12/act-2012-001#JS2@HS1@EN) [Work Health and Safety Act 2012](/view/html/inforce/2026-04-12/act-2012-001) ;\n> > \n> > > (b) the office of Director, Environment Protection Authority referred to in [section 18 of the](/view/html/inforce/2026-04-12/act-1994-044#GS18@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) ;\n> > \n> > > (c) the office of the Custodial Inspector referred to in [section 5 of the](/view/html/inforce/2026-04-12/act-2016-030#GS5@EN) [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) ;\n> > \n> > > (d) the office of the Health Complaints Commissioner referred to in [section 5 of the](/view/html/inforce/2026-04-12/act-1995-095#GS5@EN) [Health Complaints Act 1995](/view/html/inforce/2026-04-12/act-1995-095) .\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Justice.","sortOrder":8}],"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, these regulations appear to serve their intended purpose as subordinate instruments implementing the Public Interest Disclosures Act in Tasmania. There is no evidence from the provided text of scope creep or departure from the original legislative intent. The regulations appear to remain confined to the administrative machinery of the whistleblower disclosure framework."},"complexity_factors":["Regulations are subordinate legislation sitting beneath a parent Act, requiring understanding of both instruments together","Whistleblower/public interest disclosure frameworks involve layered protections and procedural requirements that interact with employment law and administrative law","Limited substantive content was provided in the document — only metadata and status information is visible, preventing full analysis of operative provisions","Tasmania-specific framework may differ in detail from Commonwealth and other state equivalents, creating potential confusion for those familiar with other jurisdictions","Relatively narrow subject matter and administrative/procedural in nature, keeping overall complexity low"],"plain_english_summary":"These regulations flesh out how Tasmania’s Public Interest Disclosures Act works in practice, setting the procedural and administrative detail for making and handling whistleblower reports by or about public sector employees and agencies. They prescribe who can receive disclosures, the forms and timeframes involved, and the processes intended to secure protections against victimisation.\n\nNote: the source provided appears mainly as a metadata/status page, so full operative text and finer detail aren’t visible here."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard machinery regulation that performs exactly the function anticipated by its enabling Act. The Public Interest Disclosures Act 2002 necessarily requires regulations to prescribe procedures and offices. The 2023 regulations fill this anticipated gap without expanding beyond the Act's intended framework."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Act' and 'sending')","No nested exceptions or conditional logic — each section follows a simple 'if X, then Y' structure","Minimal cross-referencing — only refers back to the parent Act for context and to four other Acts to name specific offices","Highly repetitive structure — sections 5, 6, 7 and 8 are nearly identical templates with only the recipient name changed","Straightforward prescriptive language ('is to be made by...') with no discretionary elements or alternative pathways"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical \"how-to\" rules for making **public interest disclosures** — commonly known as whistleblower complaints — under Tasmania's Public Interest Disclosures Act 2002.\n\n**Who it affects:**\n\n- **Public sector workers** in Tasmania who want to report serious wrongdoing (corruption, misconduct, or dangers to public health/safety)\n- **The people receiving these complaints**: the Ombudsman, the President of the Legislative Council, the Speaker of the House of Assembly, the Commissioner of Police, and other public bodies\n- **Four specific watchdog offices** that now have special status for handling certain disclosures: WorkSafe Tasmania, the Environment Protection Authority, the Custodial Inspector, and the Health Complaints Commissioner\n\n**What it actually requires:**\n\nThe regulations specify **exactly how** someone must make a disclosure:\n\n- **Oral complaints**: Must be made by phone or in person, in private, to the specific person or their office\n- **Written complaints**: Must be addressed to the correct recipient and either sent, delivered, or left at their office\n- **Email counts**: The definition of \"sending\" explicitly includes email\n\n**Why it matters:**\n\nWhistleblower laws only work if people know **where and how** to report safely. These rules remove ambiguity about proper channels. The four prescribed offices listed in section 9 are particularly important — they can receive disclosures about specific types of wrongdoing in their specialist areas (workplace safety, environmental breaches, prison conditions, and health care complaints), giving whistleblowers direct routes to experts who can act."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations do not change who may make disclosures or the substantive coverage of the Act. They prescribe procedural mechanics for making disclosures and identify offices for section 41, rather than expanding or narrowing the Act's substantive scope (see regs 4–9)."},"complexity_factors":["Narrow procedural focus: prescribes methods for oral and written disclosures (regs 5–8).","Multiple recipient categories (Ombudsman, presiding officers, Police Commissioner, public bodies) requiring consistent procedures.","Cross-references to the Act and other statutes (definitions and section 41) add navigation but not substantive change (regs 3, 4, 9).","Few definitions and limited discretions; no new offences, fees or administrative regimes introduced.","Low operational uncertainty but requires agencies to accept disclosures at specified offices/addresses."],"plain_english_summary":"These Regulations set the exact ways to make a public interest disclosure under the Public Interest Disclosures Act: they specify private oral (phone or in person) and addressed written methods, name the recipient offices (Ombudsman, parliamentary presiding officers, Commissioner of Police and public bodies) and prescribe certain regulator offices for section 41. They affect anyone lodging disclosures and the recipient agencies by fixing how disclosures must be made and handled, shaping low-cost compliance steps and administrative processing (regs 4–9)."}},"importantCases":[],"_links":{"self":"/api/acts/public-interest-disclosures-regulations-2023","history":"/api/acts/public-interest-disclosures-regulations-2023/history","analysis":"/api/acts/public-interest-disclosures-regulations-2023/analysis","conflicts":"/api/acts/public-interest-disclosures-regulations-2023/conflicts","importantCases":"/api/acts/public-interest-disclosures-regulations-2023/important-cases","documents":"/api/acts/public-interest-disclosures-regulations-2023/documents"}}