297Meaning of “protected disclosure” [NSW]

297 Meaning of “protected disclosure” [NSW]

297 Meaning of “protected disclosure” [NSW]

(1) In this division, a protected disclosure means a disclosure of information or provision of documents—

(a) to the Regulatory Authority in compliance with a request under, or otherwise in accordance with, this Law; or

(b) to the Regulatory Authority or to a manager of an approved provider or approved education and care service, if the person making the disclosure honestly, and on reasonable grounds, believes the disclosure shows or tends to show—

(i) an offence against this Law has been or is being committed; or

(ii) the safety, health or wellbeing of a child or children being educated and cared for by an education and care service is at risk.

(2) A disclosure is not a protected disclosure if the information disclosed or documents provided—

(a) relate only to a grievance about a matter relating to the employment or former employment of an individual; and

(b) do not have significant implications beyond matters personally affecting or tending to personally affect the individual.

(3) However, subsection (2) does not apply if the grievance arises from—

(a) a decision made by an approved provider or approved education and care service in dealing with a previous protected disclosure; or

(b) alleged detrimental action relating to a previous protected disclosure.

s 297: Subst 2025 No 68, Sch 1[9].