93Meaning of protected communication

93 Meaning of protected communication (1) A protected communication is: (a) information in a report made by an individual to the ICAC in accordance with directions or guidelines under section 22; or (b) information mentioned in subsection (2) that is provided by an individual to any of the following: (i) the ICAC or the ICAC's Office; (ii) the Ombudsman or the Ombudsman's Office; (iii) the Auditor-General or the Auditor-General's Office; (iv) the Health and Community Complaints Commissioner or a staff member of the Commissioner; (v) the Children's Commissioner;

Independent Commissioner Against Corruption Act 2017 70 (vi) the Environment Protection Authority; (vii) if the information relates to the ICAC, the ICAC's Office or a member of ICAC staff – the Inspector or a member of Inspector staff; (viii) if the information relates to a police officer – the Commissioner of Police; (ix) if the information relates to an MLA other than the Speaker, including a minister – the Speaker; (x) if the information relates to the Speaker – the Deputy Speaker; (xi) if the information relates to the Chief Justice – the next senior Supreme Court Judge; (xii) if the information relates to a Supreme Court Judge, other than the Chief Justice, or to the Chief Judge – the Chief Justice; (xiii) if the information relates to a Local Court Judge other than the Chief Judge – the Chief Judge; (xiv) if the information relates to a contravention of the Electoral Act 2004 – the Electoral Commissioner; (xv) if the information relates to an employee or officer of a public body – the entity with responsibility for the management and control of the public body or a nominated recipient in their capacity as a nominated recipient for the public body; (xvi) if the information relates to a contravention of the Public Sector Employment and Management Act 1993 – the Commissioner as defined in section 3(1) of that Act; or (c) an action declared under section 94 to be a protected (2) For subsection (1)(b), the information is information the individual believes on reasonable grounds: (a) would tend to show that improper conduct has occurred, is occurring or is at risk of occurring; or (b) would assist the ICAC to perform the ICAC's functions; or

Independent Commissioner Against Corruption Act 2017 71 (c) would otherwise assist in the administration, or achieving the objects, of this Act. (3) It is irrespective: (a) whether a protected communication is made orally or in writing; and (b) whether or not a protected communication is made anonymously; and (c) whether a protected communication is being investigated by the ICAC or is referred to another entity for investigation. (4) For a protected communication mentioned in subsection (1)(a), subsection (3) is subject to any contrary provision in the directions or guidelines under section 22. (4A) Despite anything to the contrary in this section, information is not a protected communication unless: (a) the person providing the information indicates that: (i) the information is being provided as a protected communication; or (ii) in the case of a person mentioned in subsection (1)(b) – the information is being provided to the person in the person's capacity as a nominated recipient; or (b) the recipient otherwise determines that the information is a protected communication. staff member, in relation to the Health and Community Complaints Commissioner, see section 4(1) of the Health and Community Services Complaints Act 1998.