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](/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 maladministration, > > > > > (b) protected action mentioned in subsection (1)(b)(ii), > > > > > (c) protected action mentioned in subsection (1)(d), > > > > > (d) protected action mentioned in subsection (1)(e), > > > > > (e) protected action mentioned in subsection (1)(f). > > **s 31M:** Ins 2022 No 14, Sch 5\[9\].