79DMeaning of “protected action” and “limited protected action”

#### 79D Meaning of “protected action” and “limited protected action” 79D Meaning of “protected action” and “limited protected action” > > (1) In this Part, protected action means— > > > > > (a) complying with or performing a protected obligation, or > > > > > (b) making a complaint or disclosure of information to a primary agency about— > > > > > > > (i) a matter that concerns or may concern corrupt conduct, or > > > > > > > (ii) another matter the primary agency may deal with under this Act, or > > > > > > Example. > > > > > > Under section 57B(1)(b), the Inspector may deal with complaints of abuse of power, impropriety and other forms of misconduct on the part of the Commission or officers of the Commission. > > > > > (c) appearing as a witness before a primary agency otherwise than by complying with or performing a protected obligation, or > > > > > (d) assisting a primary agency in some other way. > > > (2) However, the following are not protected action— > > > > > (a) making a public interest disclosure, > > > > > (b) wilfully making a false statement to, or misleading or attempting to mislead, a primary agency or person acting on behalf of a primary agency. > > > > Note. > > > > Equivalent protections are available under the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014) to persons who make public interest disclosures. > > > (3) In this Part, limited protected action means protected action consisting only of 1 or more of the following— > > > > > (a) protected action mentioned in subsection (1)(b)(i), if the maker of the complaint or disclosure— > > > > > > > (i) is a public official within the meaning of the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), and > > > > > > > (ii) does not honestly, and on reasonable grounds, believe the complaint or disclosure shows or tends to show corrupt conduct, > > > > > (b) protected action mentioned in subsection (1)(b)(ii), > > > > > (c) protected action mentioned in subsection (1)(d). > > **s 79D:** Ins 2022 No 14, Sch 4\[5\].