31MMeaning of “protected action” and “limited protected action”

31M Meaning of “protected action” and “limited protected action”

31M 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 the Ombudsman about—

(i) a matter that concerns or may concern serious maladministration, or

(ii) another matter the Ombudsman may deal with under this Act, or

Example.

Under section 13, the Ombudsman may make conduct of a public authority referred to in section 26 the subject of an investigation whether or not the conduct concerns or may concern serious maladministration.

(c) appearing as a witness before the Ombudsman otherwise than by complying with or performing a protected obligation, or

(d) voluntarily disclosing information to the Ombudsman in relation to a matter to which Part 3B or 3C applies, or

(e) voluntarily disclosing information to the Ombudsman in relation to a CS CRAMA matter, or

(f) assisting the Ombudsman 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, the Ombudsman or a person acting on behalf of the Ombudsman.

Note.

Equivalent protections are available under the Public Interest Disclosures Act 2022 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, and

(ii) does not honestly, and on reasonable grounds, believe the complaint or disclosure shows or tends to show serious maladministration,