97CMeaning of “protected action” and “limited protected action”

#### 97C Meaning of “protected action” and “limited protected action” 97C 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, that assists the primary agency, about— > > > > > > > (i) conduct that concerns or may concern serious wrongdoing, or > > > > > > > (ii) another matter the primary agency may deal with under this Act, or > > > > > > Example. > > > > > > Under section 122(2)(b), the Inspector may deal with conduct amounting to agency maladministration on the part of the Commission and conduct amounting to officer misconduct or officer maladministration on the part of 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 serious wrongdoing, > > > > > (b) protected action mentioned in subsection (1)(b)(ii), > > > > > (c) protected action mentioned in subsection (1)(d). > > **s 97C:** Ins 2022 No 14, Sch 6\[14\].