Introduction

sec.1 Short title

This Act may be cited as the Public Interest Disclosure Act 2010 .

sec.2 Commencement

This Act commences on a day to be fixed by proclamation.

Main objects

sec.3 Main objects of Act

The main objects of this Act are— to promote the public interest by facilitating public interest disclosures of wrongdoing in the public sector; and to ensure that public interest disclosures are properly assessed and, when appropriate, properly investigated and dealt with; and to ensure that appropriate consideration is given to the interests of persons who are the subject of a public interest disclosure; and to afford protection from reprisals to persons making public interest disclosures.

• (a) to promote the public interest by facilitating public interest disclosures of wrongdoing in the public sector; and
• (b) to ensure that public interest disclosures are properly assessed and, when appropriate, properly investigated and dealt with; and
• (c) to ensure that appropriate consideration is given to the interests of persons who are the subject of a public interest disclosure; and
• (d) to afford protection from reprisals to persons making public interest disclosures.

Interpretation

sec.4 Definitions

The dictionary in schedule 4 defines particular words used in this Act.

sec.5 Meaning of proper authority

A proper authority is— a public sector entity; or a member of the Legislative Assembly.

• (a) a public sector entity; or
• (b) a member of the Legislative Assembly.

sec.6 Meaning of public sector entity

A public sector entity is any of the following— a committee of the Legislative Assembly, whether or not a statutory committee; the parliamentary service; a court or tribunal; the administrative office attached to a court or tribunal; the Executive Council; a department; The following are, or are included in, departments— the Queensland Ambulance Service the Queensland Fire and Rescue Service the Queensland Police Service. a local government; a registered higher education provider or TAFE Queensland; an entity established under an Act or under State or local government authorisation for a public, State or local government purpose; an entity, prescribed under a regulation, that is assisted by public funds. However, the following are not public sector entities— a corporate entity, other than to the extent expressly stated in this Act; a GOC, other than to the extent expressly stated in this Act; the following entities under the Education (General Provisions) Act 2006 — an advisory committee; a non-State school; a parents and citizens association; an entity prescribed under a regulation. Also, a State educational institution or school council is part of the department in which the Education (General Provisions) Act 2006 is administered. See also the Corrective Services Act 2006 , section 273 (5) . In this section— registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 . TAFE Queensland means TAFE Queensland established under the TAFE Queensland Act 2013 , section 5 (1) . s 6 amd 2013 No. 27 s 70 sch 1 pt 2 ; 2014 No. 4 s 44 sch 1 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2014 No. 62 s 140 sch 1 ; 2020 No. 3 s 136 sch 1 (sec.6-ssec.1) A public sector entity is any of the following— a committee of the Legislative Assembly, whether or not a statutory committee; the parliamentary service; a court or tribunal; the administrative office attached to a court or tribunal; the Executive Council; a department; The following are, or are included in, departments— the Queensland Ambulance Service the Queensland Fire and Rescue Service the Queensland Police Service. a local government; a registered higher education provider or TAFE Queensland; an entity established under an Act or under State or local government authorisation for a public, State or local government purpose; an entity, prescribed under a regulation, that is assisted by public funds. (sec.6-ssec.2) However, the following are not public sector entities— a corporate entity, other than to the extent expressly stated in this Act; a GOC, other than to the extent expressly stated in this Act; the following entities under the Education (General Provisions) Act 2006 — an advisory committee; a non-State school; a parents and citizens association; an entity prescribed under a regulation. (sec.6-ssec.3) Also, a State educational institution or school council is part of the department in which the Education (General Provisions) Act 2006 is administered. See also the Corrective Services Act 2006 , section 273 (5) . (sec.6-ssec.4) In this section— registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 . TAFE Queensland means TAFE Queensland established under the TAFE Queensland Act 2013 , section 5 (1) .

• (a) a committee of the Legislative Assembly, whether or not a statutory committee;
• (b) the parliamentary service;
• (c) a court or tribunal;
• (d) the administrative office attached to a court or tribunal;
• (e) the Executive Council;
• (f) a department; Note— The following are, or are included in, departments— • the Queensland Ambulance Service • the Queensland Fire and Rescue Service • the Queensland Police Service.
• • the Queensland Ambulance Service
• • the Queensland Fire and Rescue Service
• • the Queensland Police Service.
• (g) a local government;
• (h) a registered higher education provider or TAFE Queensland;
• (j) an entity established under an Act or under State or local government authorisation for a public, State or local government purpose;
• (k) an entity, prescribed under a regulation, that is assisted by public funds.
• • the Queensland Ambulance Service
• • the Queensland Fire and Rescue Service
• • the Queensland Police Service.
• (a) a corporate entity, other than to the extent expressly stated in this Act;
• (b) a GOC, other than to the extent expressly stated in this Act;
• (c) the following entities under the Education (General Provisions) Act 2006 — (i) an advisory committee; (ii) a non-State school; (iii) a parents and citizens association;
• (i) an advisory committee;
• (ii) a non-State school;
• (iii) a parents and citizens association;
• (d) an entity prescribed under a regulation.
• (i) an advisory committee;
• (ii) a non-State school;
• (iii) a parents and citizens association;

sec.7 Meaning of public officer

A public officer , of a public sector entity, is an employee, member or officer of the entity. Also— the Minister responsible for the administration of a department is a public officer of the department; and a member of a school council is a public officer of the department in which the Education (General Provisions) Act 2006 is administered; and a Ministerial staff member employed in the office of a Minister is a public officer of each department administered by the Minister; and a Ministerial staff member employed in the office of an Assistant Minister is a public officer of each department for which the Assistant Minister is given responsibility under her or his functions. Under the Constitution of Queensland 2001 , section 25 , an Assistant Minister has the functions decided by the Premier. In this section— Assistant Minister means a member of the Legislative Assembly appointed as an Assistant Minister under the Constitution of Queensland 2001 , section 24 . ministerial staff member means a person employed under the Ministerial and Other Office Holder Staff Act 2010 as a staff member in the office of a Minister. s 7 amd 2012 No. 6 s 27 sch amdts 1(1)(d), (2), 2(1)(e), (2) (sec.7-ssec.1) A public officer , of a public sector entity, is an employee, member or officer of the entity. (sec.7-ssec.2) Also— the Minister responsible for the administration of a department is a public officer of the department; and a member of a school council is a public officer of the department in which the Education (General Provisions) Act 2006 is administered; and a Ministerial staff member employed in the office of a Minister is a public officer of each department administered by the Minister; and a Ministerial staff member employed in the office of an Assistant Minister is a public officer of each department for which the Assistant Minister is given responsibility under her or his functions. Under the Constitution of Queensland 2001 , section 25 , an Assistant Minister has the functions decided by the Premier. (sec.7-ssec.3) In this section— Assistant Minister means a member of the Legislative Assembly appointed as an Assistant Minister under the Constitution of Queensland 2001 , section 24 . ministerial staff member means a person employed under the Ministerial and Other Office Holder Staff Act 2010 as a staff member in the office of a Minister.

• (a) the Minister responsible for the administration of a department is a public officer of the department; and
• (b) a member of a school council is a public officer of the department in which the Education (General Provisions) Act 2006 is administered; and
• (c) a Ministerial staff member employed in the office of a Minister is a public officer of each department administered by the Minister; and
• (d) a Ministerial staff member employed in the office of an Assistant Minister is a public officer of each department for which the Assistant Minister is given responsibility under her or his functions. Note— Under the Constitution of Queensland 2001 , section 25 , an Assistant Minister has the functions decided by the Premier.

sec.8 Meaning of chief executive officer

The chief executive officer of a public sector entity includes, if the entity is listed in schedule 1 , a person mentioned in the schedule as chief executive officer of the entity. A regulation may prescribe a person who is to be treated as a chief executive officer of a particular public sector entity for all or particular public interest disclosures. A regulation under subsection (2) may not prescribe a chief executive officer for a public sector entity mentioned in schedule 1 , other than a part of a department. (sec.8-ssec.1) The chief executive officer of a public sector entity includes, if the entity is listed in schedule 1 , a person mentioned in the schedule as chief executive officer of the entity. (sec.8-ssec.2) A regulation may prescribe a person who is to be treated as a chief executive officer of a particular public sector entity for all or particular public interest disclosures. (sec.8-ssec.3) A regulation under subsection (2) may not prescribe a chief executive officer for a public sector entity mentioned in schedule 1 , other than a part of a department.

Operation of Act

sec.9 Act binds all persons

This Act binds all persons, including the State.

sec.10 Other protection saved

This Act does not limit the protection given by another law to a person who makes a disclosure of any type or affect another remedy available to the person. If there is an inconsistency between this Act and another law mentioned in subsection (1) , the other law prevails to the extent of the inconsistency. (sec.10-ssec.1) This Act does not limit the protection given by another law to a person who makes a disclosure of any type or affect another remedy available to the person. (sec.10-ssec.2) If there is an inconsistency between this Act and another law mentioned in subsection (1) , the other law prevails to the extent of the inconsistency.

Interpretation

sec.11 Meaning of public interest disclosure

A public interest disclosure is a disclosure under this chapter and includes all information and help given by the discloser to a proper authority for the disclosure. This chapter sets out requirements about the information that may be disclosed and who may disclose it, to whom, and how.

General public interest disclosures

Information that may be disclosed and who may disclose it

sec.12 Disclosure by any person

This section applies if a person (whether or not the person is a public officer) has information about— a substantial and specific danger to the health or safety of a person with a disability; or the commission of an offence against a provision mentioned in schedule 2 , if the commission of the offence is or would be a substantial and specific danger to the environment; or a contravention of a condition imposed under a provision mentioned in schedule 2 , if the contravention is or would be a substantial and specific danger to the environment; or the conduct of another person that could, if proved, be a reprisal. The person may make a disclosure under section 17 in relation to the information to a proper authority. For subsection (1) , a person has information about the conduct of another person or another matter if— the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter. (sec.12-ssec.1) This section applies if a person (whether or not the person is a public officer) has information about— a substantial and specific danger to the health or safety of a person with a disability; or the commission of an offence against a provision mentioned in schedule 2 , if the commission of the offence is or would be a substantial and specific danger to the environment; or a contravention of a condition imposed under a provision mentioned in schedule 2 , if the contravention is or would be a substantial and specific danger to the environment; or the conduct of another person that could, if proved, be a reprisal. (sec.12-ssec.2) The person may make a disclosure under section 17 in relation to the information to a proper authority. (sec.12-ssec.3) For subsection (1) , a person has information about the conduct of another person or another matter if— the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.

• (a) a substantial and specific danger to the health or safety of a person with a disability; or
• (b) the commission of an offence against a provision mentioned in schedule 2 , if the commission of the offence is or would be a substantial and specific danger to the environment; or
• (c) a contravention of a condition imposed under a provision mentioned in schedule 2 , if the contravention is or would be a substantial and specific danger to the environment; or
• (d) the conduct of another person that could, if proved, be a reprisal.
• (a) the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or
• (b) the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.

sec.13 Disclosure by a public officer

This section applies if a person who is a public officer has information about— the conduct of another person that could, if proved, be— corrupt conduct; or maladministration that adversely affects a person’s interests in a substantial and specific way; or a substantial misuse of public resources (other than an alleged misuse based on mere disagreement over policy that may properly be adopted about amounts, purposes or priorities of expenditure); or a substantial and specific danger to public health or safety; or a substantial and specific danger to the environment. The person may make a disclosure under section 17 in relation to the information to a proper authority. For subsection (1) , a person has information about the conduct of another person or another matter if— the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter. If the other person is a commission officer, subsection (1) (a) (i) applies as though the Crime and Corruption Commission were a unit of public administration. In this section— commission officer see the Crime and Corruption Act 2001 , schedule 2 , definition commission officer , paragraph (a) . unit of public administration see the Crime and Corruption Act 2001 , section 20 . s 13 amd 2014 No. 21 s 94 (2) sch 2 ; 2024 No. 41 s 50 (sec.13-ssec.1) This section applies if a person who is a public officer has information about— the conduct of another person that could, if proved, be— corrupt conduct; or maladministration that adversely affects a person’s interests in a substantial and specific way; or a substantial misuse of public resources (other than an alleged misuse based on mere disagreement over policy that may properly be adopted about amounts, purposes or priorities of expenditure); or a substantial and specific danger to public health or safety; or a substantial and specific danger to the environment. (sec.13-ssec.2) The person may make a disclosure under section 17 in relation to the information to a proper authority. (sec.13-ssec.3) For subsection (1) , a person has information about the conduct of another person or another matter if— the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter. (sec.13-ssec.4) If the other person is a commission officer, subsection (1) (a) (i) applies as though the Crime and Corruption Commission were a unit of public administration. (sec.13-ssec.5) In this section— commission officer see the Crime and Corruption Act 2001 , schedule 2 , definition commission officer , paragraph (a) . unit of public administration see the Crime and Corruption Act 2001 , section 20 .

• (a) the conduct of another person that could, if proved, be— (i) corrupt conduct; or (ii) maladministration that adversely affects a person’s interests in a substantial and specific way; or
• (i) corrupt conduct; or
• (ii) maladministration that adversely affects a person’s interests in a substantial and specific way; or
• (b) a substantial misuse of public resources (other than an alleged misuse based on mere disagreement over policy that may properly be adopted about amounts, purposes or priorities of expenditure); or
• (c) a substantial and specific danger to public health or safety; or
• (d) a substantial and specific danger to the environment.
• (i) corrupt conduct; or
• (ii) maladministration that adversely affects a person’s interests in a substantial and specific way; or
• (a) the person honestly believes on reasonable grounds that the information tends to show the conduct or other matter; or
• (b) the information tends to show the conduct or other matter, regardless of whether the person honestly believes the information tends to show the conduct or other matter.

To whom disclosure may be made

sec.14 When member of the Legislative Assembly is a proper authority

A member of the Legislative Assembly is a proper authority to whom a person may make any disclosure under section 12 or 13 . However, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer. (sec.14-ssec.1) A member of the Legislative Assembly is a proper authority to whom a person may make any disclosure under section 12 or 13 . (sec.14-ssec.2) However, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer.

sec.15 Public sector entity is a proper authority if particular connection

A public sector entity is a proper authority to which a person may make a disclosure under section 12 or 13 if— the information that is the subject of the disclosure relates to— the conduct of the entity or any of its public officers; or anything the entity has a power to investigate or remedy; or the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or the person honestly believes that the information that is the subject of the disclosure relates to a matter mentioned in paragraph (a) . However, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer. (sec.15-ssec.1) A public sector entity is a proper authority to which a person may make a disclosure under section 12 or 13 if— the information that is the subject of the disclosure relates to— the conduct of the entity or any of its public officers; or anything the entity has a power to investigate or remedy; or the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or the person honestly believes that the information that is the subject of the disclosure relates to a matter mentioned in paragraph (a) . (sec.15-ssec.2) However, subsection (1) does not apply to a disclosure if the information that is the subject of the disclosure relates to a judicial officer.

• (a) the information that is the subject of the disclosure relates to— (i) the conduct of the entity or any of its public officers; or (ii) anything the entity has a power to investigate or remedy; or (iii) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or
• (i) the conduct of the entity or any of its public officers; or
• (ii) anything the entity has a power to investigate or remedy; or
• (iii) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or
• (b) the person honestly believes that the information that is the subject of the disclosure relates to a matter mentioned in paragraph (a) .
• (i) the conduct of the entity or any of its public officers; or
• (ii) anything the entity has a power to investigate or remedy; or
• (iii) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to a proper authority; or

sec.16 Chief judicial officer etc. is only proper authority

This section applies to a disclosure relating to a judicial officer, other than a disclosure made under section 23 . A disclosure relating to a judicial officer that could, if the conduct were proved, be corrupt conduct or a reprisal relating to a previous disclosure under this Act, may be made only— to the chief judicial officer of the relevant court or tribunal; or to the Crime and Corruption Commission. Another disclosure relating to a judicial officer may be made only to the chief judicial officer of the relevant court or tribunal. A chief judicial officer of a court or tribunal may receive a public interest disclosure only if the disclosure is about the conduct of another judicial officer of the court or tribunal. The chief judicial officer may refer a public interest disclosure made to the chief judicial officer about the conduct of another judicial officer to a proper authority that is a public sector entity. Section 31 (2) to (5) applies to a referral under subsection (5) as if the chief judicial officer were a public sector entity. In this section— disclosure relating to a judicial officer means a disclosure where the information that is the subject of the disclosure relates to the conduct of the judicial officer. relevant court or tribunal , for a judicial officer, is the court or tribunal of which the judicial officer is a member or to which the judicial officer is attached. s 16 amd 2014 No. 21 s 94 (2) sch 2 (sec.16-ssec.1) This section applies to a disclosure relating to a judicial officer, other than a disclosure made under section 23 . (sec.16-ssec.2) A disclosure relating to a judicial officer that could, if the conduct were proved, be corrupt conduct or a reprisal relating to a previous disclosure under this Act, may be made only— to the chief judicial officer of the relevant court or tribunal; or to the Crime and Corruption Commission. (sec.16-ssec.3) Another disclosure relating to a judicial officer may be made only to the chief judicial officer of the relevant court or tribunal. (sec.16-ssec.4) A chief judicial officer of a court or tribunal may receive a public interest disclosure only if the disclosure is about the conduct of another judicial officer of the court or tribunal. (sec.16-ssec.5) The chief judicial officer may refer a public interest disclosure made to the chief judicial officer about the conduct of another judicial officer to a proper authority that is a public sector entity. (sec.16-ssec.6) Section 31 (2) to (5) applies to a referral under subsection (5) as if the chief judicial officer were a public sector entity. (sec.16-ssec.7) In this section— disclosure relating to a judicial officer means a disclosure where the information that is the subject of the disclosure relates to the conduct of the judicial officer. relevant court or tribunal , for a judicial officer, is the court or tribunal of which the judicial officer is a member or to which the judicial officer is attached.

• (a) to the chief judicial officer of the relevant court or tribunal; or
• (b) to the Crime and Corruption Commission.

How disclosure may be made

sec.17 How disclosure to be made

A person may make a disclosure to a proper authority in any way, including anonymously. However, if a proper authority has a reasonable procedure for making a public interest disclosure to the proper authority, the person must use the procedure. Despite subsection (2) , if the proper authority is a public sector entity, the person may make the disclosure to— its chief executive officer; or for a public sector entity that is a department—the Minister responsible for its administration; or if the proper authority that is a public sector entity has a governing body—a member of its governing body; or if the person is an officer of the entity—another person who, directly or indirectly, supervises or manages the person; or an officer of the entity who has the function of receiving or taking action on the type of information being disclosed. an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i) a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d) the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity This Act does not affect a procedure required under another Act for disclosing the type of information being disclosed. If a public interest disclosure is properly made to a proper authority, the proper authority is taken to have received the disclosure for the purposes of this Act. (sec.17-ssec.1) A person may make a disclosure to a proper authority in any way, including anonymously. (sec.17-ssec.2) However, if a proper authority has a reasonable procedure for making a public interest disclosure to the proper authority, the person must use the procedure. (sec.17-ssec.3) Despite subsection (2) , if the proper authority is a public sector entity, the person may make the disclosure to— its chief executive officer; or for a public sector entity that is a department—the Minister responsible for its administration; or if the proper authority that is a public sector entity has a governing body—a member of its governing body; or if the person is an officer of the entity—another person who, directly or indirectly, supervises or manages the person; or an officer of the entity who has the function of receiving or taking action on the type of information being disclosed. an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i) a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d) the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity (sec.17-ssec.4) This Act does not affect a procedure required under another Act for disclosing the type of information being disclosed. (sec.17-ssec.5) If a public interest disclosure is properly made to a proper authority, the proper authority is taken to have received the disclosure for the purposes of this Act.

• (a) its chief executive officer; or
• (b) for a public sector entity that is a department—the Minister responsible for its administration; or
• (c) if the proper authority that is a public sector entity has a governing body—a member of its governing body; or
• (d) if the person is an officer of the entity—another person who, directly or indirectly, supervises or manages the person; or
• (e) an officer of the entity who has the function of receiving or taking action on the type of information being disclosed. Examples of officers for paragraph (e) — 1 an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i) 2 a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d) 3 the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity
• 1 an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i)
• 2 a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d)
• 3 the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity
• 1 an officer of an entity’s ethical standards unit, if the disclosure is made under section 13 (1) (a) (i)
• 2 a health officer or environmental officer of a department having a statutory or administrative responsibility to investigate something mentioned in section 12 (1) (a) , (b) or (c) or section 13 (1) (c) or (d)
• 3 the officer of an entity in charge of its human resource management if the public interest disclosure is made under section 12 (1) (d) and is about detriment to the career of an employee of the entity

sec.18 Disclosure concerning corporate entity

s 18 om 2012 No. 33 s 192 sch amd 2014 No. 21 s 94 (2) sch 2 (amdts could not be given effect)

Specific public interest disclosures—corporate entities and GOCs

sec.19 Disclosure concerning GOC or rail government entity

This section applies if an employee of a GOC or rail government entity has information about— the conduct of another employee of the GOC or rail government entity, that could, if proved, be corrupt conduct; or the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the employee to the GOC, rail government entity or the Crime and Corruption Commission. The employee may make a disclosure in relation to the information to the GOC, rail government entity or the Crime and Corruption Commission. For subsection (1) , an employee has information about the conduct of a person if— the employee honestly believes on reasonable grounds that the information tends to show the conduct; or the information tends to show the conduct, regardless of whether the employee honestly believes the information tends to show the conduct. The employee may make a disclosure under this section in any way, including anonymously. However, for a disclosure to a GOC or rail government entity, if the GOC or rail government entity has a reasonable procedure for making a public interest disclosure to the GOC or rail government entity, the employee must use the procedure. This Act does not affect a procedure required under another Act for disclosing the type of information being disclosed. If a public interest disclosure is properly made to a GOC or rail government entity, the GOC or rail government entity is taken to have received the disclosure for the purposes of this Act. This section does not affect— the making of a public interest disclosure by any person under section 12 ; or the making of a complaint to the Crime and Corruption Commission under the Crime and Corruption Act 2001 . This section does not affect a referral under section 31 — from a GOC or rail government entity to a public sector entity of a public interest disclosure made to the GOC or rail government entity under this section; or from a public sector entity to a GOC or rail government entity of a public interest disclosure made to the public sector entity under section 15 . This section is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to section 1317AE of that Act. The Corporations Act , section 5G , provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. s 19 amd 2013 No. 19 s 120 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 9 s 97 (sec.19-ssec.1) This section applies if an employee of a GOC or rail government entity has information about— the conduct of another employee of the GOC or rail government entity, that could, if proved, be corrupt conduct; or the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the employee to the GOC, rail government entity or the Crime and Corruption Commission. (sec.19-ssec.2) The employee may make a disclosure in relation to the information to the GOC, rail government entity or the Crime and Corruption Commission. (sec.19-ssec.3) For subsection (1) , an employee has information about the conduct of a person if— the employee honestly believes on reasonable grounds that the information tends to show the conduct; or the information tends to show the conduct, regardless of whether the employee honestly believes the information tends to show the conduct. (sec.19-ssec.4) The employee may make a disclosure under this section in any way, including anonymously. (sec.19-ssec.5) However, for a disclosure to a GOC or rail government entity, if the GOC or rail government entity has a reasonable procedure for making a public interest disclosure to the GOC or rail government entity, the employee must use the procedure. (sec.19-ssec.6) This Act does not affect a procedure required under another Act for disclosing the type of information being disclosed. (sec.19-ssec.7) If a public interest disclosure is properly made to a GOC or rail government entity, the GOC or rail government entity is taken to have received the disclosure for the purposes of this Act. (sec.19-ssec.8) This section does not affect— the making of a public interest disclosure by any person under section 12 ; or the making of a complaint to the Crime and Corruption Commission under the Crime and Corruption Act 2001 . (sec.19-ssec.9) This section does not affect a referral under section 31 — from a GOC or rail government entity to a public sector entity of a public interest disclosure made to the GOC or rail government entity under this section; or from a public sector entity to a GOC or rail government entity of a public interest disclosure made to the public sector entity under section 15 . (sec.19-ssec.10) This section is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to section 1317AE of that Act. The Corporations Act , section 5G , provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

• (a) the conduct of another employee of the GOC or rail government entity, that could, if proved, be corrupt conduct; or
• (b) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the employee to the GOC, rail government entity or the Crime and Corruption Commission.
• (a) the employee honestly believes on reasonable grounds that the information tends to show the conduct; or
• (b) the information tends to show the conduct, regardless of whether the employee honestly believes the information tends to show the conduct.
• (a) the making of a public interest disclosure by any person under section 12 ; or
• (b) the making of a complaint to the Crime and Corruption Commission under the Crime and Corruption Act 2001 .
• (a) from a GOC or rail government entity to a public sector entity of a public interest disclosure made to the GOC or rail government entity under this section; or
• (b) from a public sector entity to a GOC or rail government entity of a public interest disclosure made to the public sector entity under section 15 .

Public interest disclosures to journalists

sec.20 When disclosure may be made to a journalist

This section applies if— a person has made a public interest disclosure under this chapter; and the entity to which the disclosure was made or, if the disclosure was referred under section 31 or 34 , the entity to which the disclosure was referred— decided not to investigate or deal with the disclosure; or investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with. The person may make a disclosure of substantially the same information that was the subject of the public interest disclosure mentioned in subsection (1) (a) to a journalist. To remove any doubt, it is declared that— the disclosure of information to a journalist under this section is a public interest disclosure; and a journalist to whom information is disclosed under this section is not a relevant person for the purposes of section 64 ; and a journalist to whom information is disclosed under this section does not, for the purposes of section 65 , gain the information because of the journalist’s involvement in this Act’s administration. In this section— journalist means a person engaged in the occupation of writing or editing material intended for publication in the print or electronic news media. (sec.20-ssec.1) This section applies if— a person has made a public interest disclosure under this chapter; and the entity to which the disclosure was made or, if the disclosure was referred under section 31 or 34 , the entity to which the disclosure was referred— decided not to investigate or deal with the disclosure; or investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with. (sec.20-ssec.2) The person may make a disclosure of substantially the same information that was the subject of the public interest disclosure mentioned in subsection (1) (a) to a journalist. (sec.20-ssec.3) To remove any doubt, it is declared that— the disclosure of information to a journalist under this section is a public interest disclosure; and a journalist to whom information is disclosed under this section is not a relevant person for the purposes of section 64 ; and a journalist to whom information is disclosed under this section does not, for the purposes of section 65 , gain the information because of the journalist’s involvement in this Act’s administration. (sec.20-ssec.4) In this section— journalist means a person engaged in the occupation of writing or editing material intended for publication in the print or electronic news media.

• (a) a person has made a public interest disclosure under this chapter; and
• (b) the entity to which the disclosure was made or, if the disclosure was referred under section 31 or 34 , the entity to which the disclosure was referred— (i) decided not to investigate or deal with the disclosure; or (ii) investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or (iii) did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.
• (i) decided not to investigate or deal with the disclosure; or
• (ii) investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or
• (iii) did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.
• (i) decided not to investigate or deal with the disclosure; or
• (ii) investigated the disclosure but did not recommend the taking of any action in relation to the disclosure; or
• (iii) did not notify the person, within 6 months after the date the disclosure was made, whether or not the disclosure was to be investigated or dealt with.
• (a) the disclosure of information to a journalist under this section is a public interest disclosure; and
• (b) a journalist to whom information is disclosed under this section is not a relevant person for the purposes of section 64 ; and
• (c) a journalist to whom information is disclosed under this section does not, for the purposes of section 65 , gain the information because of the journalist’s involvement in this Act’s administration.

Miscellaneous provisions

sec.21 Conduct of unknown person

A person may make a public interest disclosure whether or not the person is able to identify a particular person to whom the information disclosed relates.

sec.22 Involuntary disclosure

A person may make a public interest disclosure even though the person makes it under a legal requirement.

sec.23 Disclosure in court or tribunal proceeding

The section applies if a person— has information that the person may disclose as a public interest disclosure to a proper authority; and discloses the information to a court or tribunal in a proceeding in which the information is relevant and admissible. The disclosure is taken to be a public interest disclosure made to the court or tribunal as a proper authority under section 15 (1) (a) (ii) . The court or tribunal may refer the disclosure to another proper authority. Section 31 (2) to (5) applies to a referral under subsection (3) as if the court or tribunal were a public sector entity. The fact that a court or tribunal is treated as a public sector entity under this Act, and therefore can be a proper authority under section 15 (1) (a) (ii) to receive a public interest disclosure, does not give a person a right to take a proceeding before the court or tribunal that the person does not have apart from this Act. (sec.23-ssec.1) The section applies if a person— has information that the person may disclose as a public interest disclosure to a proper authority; and discloses the information to a court or tribunal in a proceeding in which the information is relevant and admissible. (sec.23-ssec.2) The disclosure is taken to be a public interest disclosure made to the court or tribunal as a proper authority under section 15 (1) (a) (ii) . (sec.23-ssec.3) The court or tribunal may refer the disclosure to another proper authority. (sec.23-ssec.4) Section 31 (2) to (5) applies to a referral under subsection (3) as if the court or tribunal were a public sector entity. (sec.23-ssec.5) The fact that a court or tribunal is treated as a public sector entity under this Act, and therefore can be a proper authority under section 15 (1) (a) (ii) to receive a public interest disclosure, does not give a person a right to take a proceeding before the court or tribunal that the person does not have apart from this Act.

• (a) has information that the person may disclose as a public interest disclosure to a proper authority; and
• (b) discloses the information to a court or tribunal in a proceeding in which the information is relevant and admissible.

sec.24 Past, present or future event

A person may make a public interest disclosure about— events that happened or may have happened, whether before or after the commencement of this Act; or events that are or may be happening; or events that will or may happen.

• (a) events that happened or may have happened, whether before or after the commencement of this Act; or
• (b) events that are or may be happening; or
• (c) events that will or may happen.

sec.25 Number of disclosures not limited

The fact that a person may make a public interest disclosure under a particular provision of this Act does not prevent the person from making the disclosure under another provision of this Act to the same or another proper authority.

Preliminary

sec.26 Definition for ch 3

In this chapter— public sector entity includes a GOC. s 26 def public sector entity amd 2013 No. 19 s 120 sch 1 sub 2012 No. 33 s 192 sch

sec.27 Purpose of chapter

The purpose of this chapter is to state the obligations of— a public sector entity to which a public interest disclosure may be made; and a member of the Legislative Assembly to whom a public interest disclosure may be made.

• (a) a public sector entity to which a public interest disclosure may be made; and
• (b) a member of the Legislative Assembly to whom a public interest disclosure may be made.

Public sector entities

sec.28 Reasonable procedures to deal with public interest disclosures

The chief executive officer of a public sector entity must establish reasonable procedures to ensure that— public officers of the entity who make public interest disclosures are given appropriate support; and public interest disclosures made to the entity are properly assessed and, when appropriate, properly investigated and dealt with; and appropriate action is taken in relation to any wrongdoing that is the subject of a public interest disclosure made to the entity; and a management program for public interest disclosures made to the entity, consistent with any standard made under section 60 , is developed and implemented; and public officers of the entity are offered protection from reprisals by the entity or other public officers of the entity. The chief executive officer of a public sector entity must ensure the procedures are published, as soon as practicable after the procedures are made, on a website that is maintained by the public sector entity and readily accessible to the public. (sec.28-ssec.1) The chief executive officer of a public sector entity must establish reasonable procedures to ensure that— public officers of the entity who make public interest disclosures are given appropriate support; and public interest disclosures made to the entity are properly assessed and, when appropriate, properly investigated and dealt with; and appropriate action is taken in relation to any wrongdoing that is the subject of a public interest disclosure made to the entity; and a management program for public interest disclosures made to the entity, consistent with any standard made under section 60 , is developed and implemented; and public officers of the entity are offered protection from reprisals by the entity or other public officers of the entity. (sec.28-ssec.2) The chief executive officer of a public sector entity must ensure the procedures are published, as soon as practicable after the procedures are made, on a website that is maintained by the public sector entity and readily accessible to the public.

• (a) public officers of the entity who make public interest disclosures are given appropriate support; and
• (b) public interest disclosures made to the entity are properly assessed and, when appropriate, properly investigated and dealt with; and
• (c) appropriate action is taken in relation to any wrongdoing that is the subject of a public interest disclosure made to the entity; and
• (d) a management program for public interest disclosures made to the entity, consistent with any standard made under section 60 , is developed and implemented; and
• (e) public officers of the entity are offered protection from reprisals by the entity or other public officers of the entity.

sec.29 Record of disclosure

The chief executive officer of a public sector entity to which a public interest disclosure is made must keep a proper record of the disclosure, including— the name of the person making the disclosure, if known; and the information disclosed; and any action taken on the disclosure; and any other information required under a standard made under section 60 . The chief executive officer of a public sector entity to which a public interest disclosure is referred under section 31 or 34 must keep a proper record of the disclosure, including— the name of the person making the disclosure, if known; and the information disclosed; and the name of the public sector entity, or member of the Legislative Assembly, that referred the disclosure; and any action taken on the disclosure; and any other information required under a standard made under section 60 . In this section— public interest disclosure includes a purported public interest disclosure. public sector entity does not include— a court or tribunal; or the Executive Council. (sec.29-ssec.1) The chief executive officer of a public sector entity to which a public interest disclosure is made must keep a proper record of the disclosure, including— the name of the person making the disclosure, if known; and the information disclosed; and any action taken on the disclosure; and any other information required under a standard made under section 60 . (sec.29-ssec.2) The chief executive officer of a public sector entity to which a public interest disclosure is referred under section 31 or 34 must keep a proper record of the disclosure, including— the name of the person making the disclosure, if known; and the information disclosed; and the name of the public sector entity, or member of the Legislative Assembly, that referred the disclosure; and any action taken on the disclosure; and any other information required under a standard made under section 60 . (sec.29-ssec.3) In this section— public interest disclosure includes a purported public interest disclosure. public sector entity does not include— a court or tribunal; or the Executive Council.

• (a) the name of the person making the disclosure, if known; and
• (b) the information disclosed; and
• (c) any action taken on the disclosure; and
• (d) any other information required under a standard made under section 60 .
• (a) the name of the person making the disclosure, if known; and
• (b) the information disclosed; and
• (c) the name of the public sector entity, or member of the Legislative Assembly, that referred the disclosure; and
• (d) any action taken on the disclosure; and
• (e) any other information required under a standard made under section 60 .
• (a) a court or tribunal; or
• (b) the Executive Council.

sec.30 When no action required

A public sector entity may decide not to investigate or deal with a public interest disclosure if— the substance of the disclosure has already been investigated or dealt with by another appropriate process; or the entity reasonably considers that the disclosure should be dealt with by another appropriate process; or the age of the information the subject of the disclosure makes it impracticable to investigate; or the entity reasonably considers that the disclosure is too trivial to warrant investigation and that dealing with the disclosure would substantially and unreasonably divert the resources of the entity from their use by the entity in the performance of its functions; or another entity that has jurisdiction to investigate the disclosure has notified the entity that investigation of the disclosure is not warranted. If an entity decides not to investigate or deal with a public interest disclosure under subsection (1) , the entity must give written reasons for its decision to the person making the disclosure. A person who receives written reasons for a decision of an entity under subsection (2) may apply to the chief executive of the entity for a review of the decision within 28 days after receiving the written reasons. (sec.30-ssec.1) A public sector entity may decide not to investigate or deal with a public interest disclosure if— the substance of the disclosure has already been investigated or dealt with by another appropriate process; or the entity reasonably considers that the disclosure should be dealt with by another appropriate process; or the age of the information the subject of the disclosure makes it impracticable to investigate; or the entity reasonably considers that the disclosure is too trivial to warrant investigation and that dealing with the disclosure would substantially and unreasonably divert the resources of the entity from their use by the entity in the performance of its functions; or another entity that has jurisdiction to investigate the disclosure has notified the entity that investigation of the disclosure is not warranted. (sec.30-ssec.2) If an entity decides not to investigate or deal with a public interest disclosure under subsection (1) , the entity must give written reasons for its decision to the person making the disclosure. (sec.30-ssec.3) A person who receives written reasons for a decision of an entity under subsection (2) may apply to the chief executive of the entity for a review of the decision within 28 days after receiving the written reasons.

• (a) the substance of the disclosure has already been investigated or dealt with by another appropriate process; or
• (b) the entity reasonably considers that the disclosure should be dealt with by another appropriate process; or
• (c) the age of the information the subject of the disclosure makes it impracticable to investigate; or
• (d) the entity reasonably considers that the disclosure is too trivial to warrant investigation and that dealing with the disclosure would substantially and unreasonably divert the resources of the entity from their use by the entity in the performance of its functions; or
• (e) another entity that has jurisdiction to investigate the disclosure has notified the entity that investigation of the disclosure is not warranted.

sec.31 Referral of disclosure

A public sector entity to which a public interest disclosure is made under section 15 , or referred under section 34 , may refer the disclosure to another public sector entity (the referral entity ) if the disclosure is about— the conduct of the referral entity or a public officer of the referral entity; or the conduct of an entity (including itself), or another matter, that the referral entity has the power to investigate or remedy. The power of a public sector entity to investigate or remedy conduct that is the subject of a public interest disclosure is not limited by a referral of the disclosure under subsection (1) . The public sector entity must not refer a public interest disclosure to another public sector entity if it considers there is an unacceptable risk that a reprisal would happen because of the referral. In considering whether there would be an unacceptable risk, the public sector entity must, if practicable, consult with the person who made the public interest disclosure. This section does not affect another law under which a public sector entity must refer a report, complaint, information or evidence to another entity. (sec.31-ssec.1) A public sector entity to which a public interest disclosure is made under section 15 , or referred under section 34 , may refer the disclosure to another public sector entity (the referral entity ) if the disclosure is about— the conduct of the referral entity or a public officer of the referral entity; or the conduct of an entity (including itself), or another matter, that the referral entity has the power to investigate or remedy. (sec.31-ssec.2) The power of a public sector entity to investigate or remedy conduct that is the subject of a public interest disclosure is not limited by a referral of the disclosure under subsection (1) . (sec.31-ssec.3) The public sector entity must not refer a public interest disclosure to another public sector entity if it considers there is an unacceptable risk that a reprisal would happen because of the referral. (sec.31-ssec.4) In considering whether there would be an unacceptable risk, the public sector entity must, if practicable, consult with the person who made the public interest disclosure. (sec.31-ssec.5) This section does not affect another law under which a public sector entity must refer a report, complaint, information or evidence to another entity.

• (a) the conduct of the referral entity or a public officer of the referral entity; or
• (b) the conduct of an entity (including itself), or another matter, that the referral entity has the power to investigate or remedy.

sec.32 Person who made disclosure, or referring entity, to be informed

A public sector entity to which a public interest disclosure is made under section 15 , or referred under section 31 or 34 , must give the person who made the disclosure, or the entity that referred the disclosure, reasonable information about the disclosure. For subsection (1) , reasonable information about the disclosure includes at least the following— confirmation that the disclosure was received by the public sector entity; a description of the action proposed to be taken, or taken, by the public sector entity in relation to the disclosure; if action has been taken by the public sector entity in relation to the disclosure—a description of the results of the action. The information must be given to the person or the entity in writing. The public sector entity need not give information under subsection (1) if giving the information would be likely to adversely affect— anybody’s safety; or the investigation of an offence or possible offence; or necessary confidentiality about an informant’s existence or identity. If a person makes a public interest disclosure to the Crime and Corruption Commission in a complaint of corruption, this section does not impose on the commission any duty that the commission does not already have under the Crime and Corruption Act 2001 . In this section— corruption see the Crime and Corruption Act 2001 , schedule 2 . s 32 amd 2014 No. 21 s 94 (2) sch 2 (sec.32-ssec.1) A public sector entity to which a public interest disclosure is made under section 15 , or referred under section 31 or 34 , must give the person who made the disclosure, or the entity that referred the disclosure, reasonable information about the disclosure. (sec.32-ssec.2) For subsection (1) , reasonable information about the disclosure includes at least the following— confirmation that the disclosure was received by the public sector entity; a description of the action proposed to be taken, or taken, by the public sector entity in relation to the disclosure; if action has been taken by the public sector entity in relation to the disclosure—a description of the results of the action. (sec.32-ssec.3) The information must be given to the person or the entity in writing. (sec.32-ssec.4) The public sector entity need not give information under subsection (1) if giving the information would be likely to adversely affect— anybody’s safety; or the investigation of an offence or possible offence; or necessary confidentiality about an informant’s existence or identity. (sec.32-ssec.5) If a person makes a public interest disclosure to the Crime and Corruption Commission in a complaint of corruption, this section does not impose on the commission any duty that the commission does not already have under the Crime and Corruption Act 2001 . (sec.32-ssec.6) In this section— corruption see the Crime and Corruption Act 2001 , schedule 2 .

• (a) confirmation that the disclosure was received by the public sector entity;
• (b) a description of the action proposed to be taken, or taken, by the public sector entity in relation to the disclosure;
• (c) if action has been taken by the public sector entity in relation to the disclosure—a description of the results of the action.
• (a) anybody’s safety; or
• (b) the investigation of an offence or possible offence; or
• (c) necessary confidentiality about an informant’s existence or identity.

sec.33 Disclosure information to be given to oversight agency

The oversight agency may make, under section 60 , a standard that requires the chief executive officer of a public sector entity to give to the oversight agency all or any of the information mentioned in section 29 . The standard may provide for the way in which and the period within which the information is to be given. (sec.33-ssec.1) The oversight agency may make, under section 60 , a standard that requires the chief executive officer of a public sector entity to give to the oversight agency all or any of the information mentioned in section 29 . (sec.33-ssec.2) The standard may provide for the way in which and the period within which the information is to be given.

Members of Legislative Assembly

sec.34 Referral of disclosure

A member of the Legislative Assembly to whom a public interest disclosure is made under section 14 may refer the disclosure to another public sector entity (the referral entity ) if the member considers the referral entity has power to investigate or remedy the conduct or other matter that is the subject of the disclosure. For the purposes of this Act, the member has no role in investigating the disclosure. In this section— public interest disclosure includes a purported public interest disclosure. (sec.34-ssec.1) A member of the Legislative Assembly to whom a public interest disclosure is made under section 14 may refer the disclosure to another public sector entity (the referral entity ) if the member considers the referral entity has power to investigate or remedy the conduct or other matter that is the subject of the disclosure. (sec.34-ssec.2) For the purposes of this Act, the member has no role in investigating the disclosure. (sec.34-ssec.3) In this section— public interest disclosure includes a purported public interest disclosure.

sec.35 Legislative Assembly may still deal with disclosure

This Act does not limit the immunities, powers, privileges or rights of the Legislative Assembly or its members or committees in relation to a public interest disclosure made to a member of the Legislative Assembly. In this section— committee means a committee of the Legislative Assembly, whether or not a statutory committee. public interest disclosure includes a purported public interest disclosure. (sec.35-ssec.1) This Act does not limit the immunities, powers, privileges or rights of the Legislative Assembly or its members or committees in relation to a public interest disclosure made to a member of the Legislative Assembly. (sec.35-ssec.2) In this section— committee means a committee of the Legislative Assembly, whether or not a statutory committee. public interest disclosure includes a purported public interest disclosure.

General

sec.36 Immunity from liability

A person who makes a public interest disclosure is not subject to any civil or criminal liability or any liability arising by way of administrative process, including disciplinary action, for making the disclosure.

sec.37 Confidentiality provisions do not apply

Without limiting section 36 , a person who makes a public interest disclosure does not by doing so— commit an offence under any Act that imposes a duty to maintain confidentiality in relation to a matter or any other restriction on the disclosure of information; or breach an obligation by way of oath or rule of law or practice or under an agreement requiring the person to maintain confidentiality or otherwise restricting the disclosure of information in relation to a matter.

• (a) commit an offence under any Act that imposes a duty to maintain confidentiality in relation to a matter or any other restriction on the disclosure of information; or
• (b) breach an obligation by way of oath or rule of law or practice or under an agreement requiring the person to maintain confidentiality or otherwise restricting the disclosure of information in relation to a matter.

sec.38 Protection from defamation action

Without limiting section 36 , in a proceeding for defamation, a person who makes a public interest disclosure has a defence of absolute privilege for publishing the information disclosed.

sec.39 Liability for own conduct

A person’s liability for the person’s own conduct is not affected by the person’s disclosure of that conduct under this Act. In this section— liability includes civil or criminal liability or any liability arising by way of administrative process, including disciplinary action. (sec.39-ssec.1) A person’s liability for the person’s own conduct is not affected by the person’s disclosure of that conduct under this Act. (sec.39-ssec.2) In this section— liability includes civil or criminal liability or any liability arising by way of administrative process, including disciplinary action.

sec.40 Reprisal and grounds for reprisal

A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— the other person or someone else has made, or intends to make, a public interest disclosure; or the other person or someone else is, has been, or intends to be, involved in a proceeding under the Act against any person. An attempt to cause detriment includes an attempt to induce a person to cause detriment. A contravention of subsection (1) is a reprisal or the taking of a reprisal. A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission. (sec.40-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that— the other person or someone else has made, or intends to make, a public interest disclosure; or the other person or someone else is, has been, or intends to be, involved in a proceeding under the Act against any person. (sec.40-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment. (sec.40-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal. (sec.40-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal. (sec.40-ssec.5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.

• (a) the other person or someone else has made, or intends to make, a public interest disclosure; or
• (b) the other person or someone else is, has been, or intends to be, involved in a proceeding under the Act against any person.

sec.41 Offence of taking reprisal

A person must not take a reprisal. Maximum penalty—167 penalty units or 2 years imprisonment. An offence against subsection (1) is an indictable offence. (sec.41-ssec.1) A person must not take a reprisal. Maximum penalty—167 penalty units or 2 years imprisonment. (sec.41-ssec.2) An offence against subsection (1) is an indictable offence.

sec.42 Damages entitlement for reprisal

A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. Any appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal. If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal. Proceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 . The Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section. (sec.42-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result. (sec.42-ssec.2) Any appropriate remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of a reprisal. (sec.42-ssec.3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury. (sec.42-ssec.4) The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the reprisal. (sec.42-ssec.5) Proceedings for damages may be brought under this section even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 . (sec.42-ssec.6) The Workers’ Compensation and Rehabilitation Act 2003 does not apply to proceedings for damages brought under this section.

sec.43 Vicarious liability of public sector entity

If any of a public sector entity’s employees contravenes section 40 in the course of employment, both the public sector entity and the employee, as the case may be, are jointly and severally civilly liable for the contravention, and a proceeding under section 42 may be taken against either or both. It is a defence to a proceeding against a public sector entity under section 42 if the public sector entity proves, on the balance of probabilities, that the public sector entity took reasonable steps to prevent the employee contravening section 40 . In this section— public sector entity includes a GOC. s 43 amd 2013 No. 19 s 120 sch 1 ; 2012 No. 33 s 192 sch (sec.43-ssec.1) If any of a public sector entity’s employees contravenes section 40 in the course of employment, both the public sector entity and the employee, as the case may be, are jointly and severally civilly liable for the contravention, and a proceeding under section 42 may be taken against either or both. (sec.43-ssec.2) It is a defence to a proceeding against a public sector entity under section 42 if the public sector entity proves, on the balance of probabilities, that the public sector entity took reasonable steps to prevent the employee contravening section 40 . (sec.43-ssec.3) In this section— public sector entity includes a GOC.

sec.44 Complaint under the Anti-Discrimination Act 1991

A person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal. The complaint may be dealt with under the Anti-Discrimination Act 1991 , chapters 6 and 7 as if the complaint were about an alleged contravention of the Anti-Discrimination Act 1991 . However— if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal. A complaint under the Anti-Discrimination Act 1991 about a reprisal may be made even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 . (sec.44-ssec.1) A person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal. (sec.44-ssec.2) The complaint may be dealt with under the Anti-Discrimination Act 1991 , chapters 6 and 7 as if the complaint were about an alleged contravention of the Anti-Discrimination Act 1991 . (sec.44-ssec.3) However— if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal. (sec.44-ssec.4) A complaint under the Anti-Discrimination Act 1991 about a reprisal may be made even if a prosecution in relation to the reprisal has not been brought, or can not be brought, under section 41 .

• (a) if a person commences proceedings in a court under section 42 in relation to a reprisal, the person can not subsequently make a complaint under the Anti-Discrimination Act 1991 about the reprisal; and
• (b) if the person makes a complaint under the Anti-Discrimination Act 1991 about a reprisal and the complaint is accepted under that Act, the person can not subsequently commence proceedings under section 42 in relation to the reprisal.

sec.45 Reasonable management action not prevented

Nothing in this part is intended to prevent a manager from taking reasonable management action in relation to an employee who has made a public interest disclosure. However, a manager may take reasonable management action in relation to an employee who has made a public interest disclosure only if the manager’s reasons for taking the action do not include the fact that the person has made the public interest disclosure. In this section— manager , of an employee, means a person to whom the employee reports or a person who directly or indirectly supervises the employee in the performance of the employee’s functions as an employee. reasonable management action , taken by a manager in relation to an employee, includes any of the following taken by the manager— a reasonable appraisal of the employee’s work performance; a reasonable requirement that the employee undertake counselling; a reasonable suspension of the employee from the employment workplace; a reasonable disciplinary action; a reasonable action to transfer or deploy the employee; a reasonable action to end the employee’s employment by way of redundancy or retrenchment; a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ; a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment. (sec.45-ssec.1) Nothing in this part is intended to prevent a manager from taking reasonable management action in relation to an employee who has made a public interest disclosure. (sec.45-ssec.2) However, a manager may take reasonable management action in relation to an employee who has made a public interest disclosure only if the manager’s reasons for taking the action do not include the fact that the person has made the public interest disclosure. (sec.45-ssec.3) In this section— manager , of an employee, means a person to whom the employee reports or a person who directly or indirectly supervises the employee in the performance of the employee’s functions as an employee. reasonable management action , taken by a manager in relation to an employee, includes any of the following taken by the manager— a reasonable appraisal of the employee’s work performance; a reasonable requirement that the employee undertake counselling; a reasonable suspension of the employee from the employment workplace; a reasonable disciplinary action; a reasonable action to transfer or deploy the employee; a reasonable action to end the employee’s employment by way of redundancy or retrenchment; a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ; a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.

• (a) a reasonable appraisal of the employee’s work performance;
• (b) a reasonable requirement that the employee undertake counselling;
• (c) a reasonable suspension of the employee from the employment workplace;
• (d) a reasonable disciplinary action;
• (e) a reasonable action to transfer or deploy the employee;
• (f) a reasonable action to end the employee’s employment by way of redundancy or retrenchment;
• (g) a reasonable action in relation to an action mentioned in paragraphs (a) to (f) ;
• (h) a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.

Administrative actions

sec.46 Right of appeal or review of public officer

This section applies to a public officer who, under an Act, may appeal against, or apply for a review of, any of the following actions— disciplinary action taken against the public officer; the appointment or transfer of the public officer or another public officer to a position as a public officer; unfair treatment of the public officer. Whether or not the Act specifies grounds for the appeal or review, the public officer may also appeal the action or apply to have the action set aside because it was the taking of a reprisal against the public officer. Subsection (2) applies even if the decision on the hearing of the appeal or review is in the form of a recommendation. In this section— public officer includes an employee of a GOC. s 46 amd 2013 No. 19 s 120 sch 1 ; 2012 No. 33 s 192 sch (sec.46-ssec.1) This section applies to a public officer who, under an Act, may appeal against, or apply for a review of, any of the following actions— disciplinary action taken against the public officer; the appointment or transfer of the public officer or another public officer to a position as a public officer; unfair treatment of the public officer. (sec.46-ssec.2) Whether or not the Act specifies grounds for the appeal or review, the public officer may also appeal the action or apply to have the action set aside because it was the taking of a reprisal against the public officer. (sec.46-ssec.3) Subsection (2) applies even if the decision on the hearing of the appeal or review is in the form of a recommendation. (sec.46-ssec.4) In this section— public officer includes an employee of a GOC.

• (a) disciplinary action taken against the public officer;
• (b) the appointment or transfer of the public officer or another public officer to a position as a public officer;
• (c) unfair treatment of the public officer.

sec.47 Relocation of public service employee

This section gives a public service employee a right to apply for relocation. The application must be made on the ground that— it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee. The application may be made by the public service employee to the industrial relations commission under the Industrial Relations Act 2016 . For the purposes of subsection (3) — the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) . If the industrial relations commission considers the ground is established, the commission may direct that the employee be relocated within the employee’s department or to another department. The industrial relations commission can not direct that the employee be relocated without the agreement of— the public service employee; and if the relocation is to another department—the other department’s chief executive. For subsection (5) , the industrial relations commission has power to do, or authorise the doing of, anything necessary or convenient to relocate the public service employee. s 47 amd 2012 No. 22 s 13 ; 2020 No. 35 s 16 ; 2022 No. 34 s 365 sch 3 (sec.47-ssec.1) This section gives a public service employee a right to apply for relocation. (sec.47-ssec.2) The application must be made on the ground that— it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee. (sec.47-ssec.3) The application may be made by the public service employee to the industrial relations commission under the Industrial Relations Act 2016 . (sec.47-ssec.4) For the purposes of subsection (3) — the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) . (sec.47-ssec.5) If the industrial relations commission considers the ground is established, the commission may direct that the employee be relocated within the employee’s department or to another department. (sec.47-ssec.6) The industrial relations commission can not direct that the employee be relocated without the agreement of— the public service employee; and if the relocation is to another department—the other department’s chief executive. (sec.47-ssec.7) For subsection (5) , the industrial relations commission has power to do, or authorise the doing of, anything necessary or convenient to relocate the public service employee.

• (a) it is likely a reprisal will be taken against the public service employee if the employee continues in the employee’s existing work location; and
• (b) the only practical way to remove or substantially remove the danger of a reprisal is to relocate the employee.
• (a) the application is taken to be an appeal against a decision under the Public Sector Act 2022 not to relocate the employee; and
• (b) the decision mentioned in paragraph (a) is taken to have been made by the chief executive of the employee’s department on the day the employee makes the application under subsection (1) .
• (a) the public service employee; and
• (b) if the relocation is to another department—the other department’s chief executive.

Injunctions

sec.48 Right to apply to industrial commission

An application for an injunction about a reprisal may be made to the industrial commission if the reprisal— has caused or may cause detriment to an employee; and involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act. The application may be made by— the employee; or an industrial organisation— whose rules entitle it to represent the industrial interests of the employee; and acting in the employee’s interests with the employee’s consent; or the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— the employee is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate. The Industrial Relations Act 2016 , section 473 applies to the application, but this part prevails if it is inconsistent with that section. If the industrial commission has jurisdiction to grant an injunction on an application under subsection (1) , the jurisdiction is exclusive of the jurisdiction of any other court or tribunal other than the Industrial Court. Without limiting this section, the application is an industrial cause within the meaning of the Industrial Relations Act 2016 . s 48 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 63 s 1157 sch 6 (sec.48-ssec.1) An application for an injunction about a reprisal may be made to the industrial commission if the reprisal— has caused or may cause detriment to an employee; and involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act. (sec.48-ssec.2) The application may be made by— the employee; or an industrial organisation— whose rules entitle it to represent the industrial interests of the employee; and acting in the employee’s interests with the employee’s consent; or the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— the employee is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate. (sec.48-ssec.3) The Industrial Relations Act 2016 , section 473 applies to the application, but this part prevails if it is inconsistent with that section. (sec.48-ssec.4) If the industrial commission has jurisdiction to grant an injunction on an application under subsection (1) , the jurisdiction is exclusive of the jurisdiction of any other court or tribunal other than the Industrial Court. (sec.48-ssec.5) Without limiting this section, the application is an industrial cause within the meaning of the Industrial Relations Act 2016 .

• (a) has caused or may cause detriment to an employee; and
• (b) involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act.
• (a) the employee; or
• (b) an industrial organisation— (i) whose rules entitle it to represent the industrial interests of the employee; and (ii) acting in the employee’s interests with the employee’s consent; or
• (i) whose rules entitle it to represent the industrial interests of the employee; and
• (ii) acting in the employee’s interests with the employee’s consent; or
• (c) the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— (i) the employee is a public officer; and (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.
• (i) the employee is a public officer; and
• (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.
• (i) whose rules entitle it to represent the industrial interests of the employee; and
• (ii) acting in the employee’s interests with the employee’s consent; or
• (i) the employee is a public officer; and
• (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.

sec.49 Right to apply to Supreme Court

This section applies only to a person who can not apply under section 48 to the industrial commission for an injunction about a reprisal. An application for an injunction about a reprisal may be made to the Supreme Court by— a person claiming that the person is suffering or may suffer detriment from a reprisal; or the Crime and Corruption Commission acting in the person’s interests with the person’s consent if— the person is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate. s 49 amd 2014 No. 21 s 94 (2) sch 2 (sec.49-ssec.1) This section applies only to a person who can not apply under section 48 to the industrial commission for an injunction about a reprisal. (sec.49-ssec.2) An application for an injunction about a reprisal may be made to the Supreme Court by— a person claiming that the person is suffering or may suffer detriment from a reprisal; or the Crime and Corruption Commission acting in the person’s interests with the person’s consent if— the person is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.

• (a) a person claiming that the person is suffering or may suffer detriment from a reprisal; or
• (b) the Crime and Corruption Commission acting in the person’s interests with the person’s consent if— (i) the person is a public officer; and (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.
• (i) the person is a public officer; and
• (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.
• (i) the person is a public officer; and
• (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.

sec.50 No right to apply for injunction if complaint made under the Anti-Discrimination Act 1991

Despite sections 48 and 49 , a person may not apply for an injunction about a reprisal under either of those provisions if the person makes a complaint under the Anti-Discrimination Act 1991 about the reprisal. See the Anti-Discrimination Act 1991 , section 144 (Applications for orders protecting complainant’s interests (before reference to tribunal)).

sec.51 Grounds for injunction

The industrial commission or Supreme Court may grant an injunction under this part, in terms it considers appropriate, if it is satisfied that a person has engaged, is engaging or is proposing to engage, in conduct amounting to— a reprisal; or attempting a reprisal; or aiding, abetting, counselling or procuring a reprisal; or inducing or attempting to induce, whether by threats, promises or otherwise, a reprisal; or being in any way, directly or indirectly, knowingly concerned in, or party to, a reprisal.

• (a) a reprisal; or
• (b) attempting a reprisal; or
• (c) aiding, abetting, counselling or procuring a reprisal; or
• (d) inducing or attempting to induce, whether by threats, promises or otherwise, a reprisal; or
• (e) being in any way, directly or indirectly, knowingly concerned in, or party to, a reprisal.

sec.52 Order may require stated action

If the industrial commission or Supreme Court is satisfied that a person has engaged or is engaging in conduct mentioned in section 51 , it may grant an injunction, under this part, requiring the person to take stated action to remedy any detriment caused by the conduct.

sec.53 Evidence

The industrial commission or Supreme Court may grant an injunction, under this part, restraining a person from engaging in conduct mentioned in section 51 — whether or not it considers that the person intends to engage again, or to continue to engage, in the conduct; or whether or not the person has previously engaged in the conduct; or whether or not there is an imminent danger of substantial damage to anyone if the person engages in the conduct. The industrial commission or Supreme Court may grant an injunction, under this part, requiring a person to do something— whether or not it considers that the person intends to fail again, or to continue to fail, to do the thing; or whether or not the person has previously failed to do the thing; or whether or not there is an imminent danger of substantial damage to anybody if the person fails to do the thing. (sec.53-ssec.1) The industrial commission or Supreme Court may grant an injunction, under this part, restraining a person from engaging in conduct mentioned in section 51 — whether or not it considers that the person intends to engage again, or to continue to engage, in the conduct; or whether or not the person has previously engaged in the conduct; or whether or not there is an imminent danger of substantial damage to anyone if the person engages in the conduct. (sec.53-ssec.2) The industrial commission or Supreme Court may grant an injunction, under this part, requiring a person to do something— whether or not it considers that the person intends to fail again, or to continue to fail, to do the thing; or whether or not the person has previously failed to do the thing; or whether or not there is an imminent danger of substantial damage to anybody if the person fails to do the thing.

• (a) whether or not it considers that the person intends to engage again, or to continue to engage, in the conduct; or
• (b) whether or not the person has previously engaged in the conduct; or
• (c) whether or not there is an imminent danger of substantial damage to anyone if the person engages in the conduct.
• (a) whether or not it considers that the person intends to fail again, or to continue to fail, to do the thing; or
• (b) whether or not the person has previously failed to do the thing; or
• (c) whether or not there is an imminent danger of substantial damage to anybody if the person fails to do the thing.

sec.54 Interim injunction

An interim injunction may be granted pending the final decision on an application for an injunction under this part.

sec.55 Restrictions about application

For an application for an injunction under this part that is before it, the industrial commission or Supreme Court may direct that— a report of the whole or part of the proceeding for the application must not be published; or evidence given, or anything filed, tendered or exhibited in the application must be withheld from release or search, or released or searched only on a stated condition. The direction may be given if the industrial commission or Supreme Court considers that— disclosure of the report, evidence or thing would not be in the public interest; or persons other than parties to the application do not have a sufficient legitimate interest in being informed of the report, evidence or thing. An application for an injunction under this part may be heard without notice to another person if the industrial commission or Supreme Court considers a hearing without notice to another person is necessary in the circumstances. This section does not limit the power of the industrial commission or Supreme Court. (sec.55-ssec.1) For an application for an injunction under this part that is before it, the industrial commission or Supreme Court may direct that— a report of the whole or part of the proceeding for the application must not be published; or evidence given, or anything filed, tendered or exhibited in the application must be withheld from release or search, or released or searched only on a stated condition. (sec.55-ssec.2) The direction may be given if the industrial commission or Supreme Court considers that— disclosure of the report, evidence or thing would not be in the public interest; or persons other than parties to the application do not have a sufficient legitimate interest in being informed of the report, evidence or thing. (sec.55-ssec.3) An application for an injunction under this part may be heard without notice to another person if the industrial commission or Supreme Court considers a hearing without notice to another person is necessary in the circumstances. (sec.55-ssec.4) This section does not limit the power of the industrial commission or Supreme Court.

• (a) a report of the whole or part of the proceeding for the application must not be published; or
• (b) evidence given, or anything filed, tendered or exhibited in the application must be withheld from release or search, or released or searched only on a stated condition.
• (a) disclosure of the report, evidence or thing would not be in the public interest; or
• (b) persons other than parties to the application do not have a sufficient legitimate interest in being informed of the report, evidence or thing.

sec.56 Undertaking as to damages and costs

If the Crime and Corruption Commission applies for an injunction under this part, no undertaking about damages or costs is to be required. s 56 amd 2014 No. 21 s 94 (2) sch 2

Transitional provisions for Act No. 38 of 2010

sec.73 Definitions for part

In this part— commencement means the commencement of this section. new Act means the Public Interest Disclosure Act 2010 . repealed Act means the Whistleblowers Protection Act 1994 . s 73 amd 2024 No. 41 s 52

sec.74 Disclosures made under repealed Act

A public interest disclosure made under the repealed Act before the commencement of this section is taken, from the commencement, to be a public interest disclosure under the new Act.

sec.75 Vicarious liability of employers

Proceedings under section 42 of the new Act may be taken against an employer of a person who causes detriment to another person in reprisal for a public interest disclosure only if the reprisal happens after the commencement.

sec.76 Complaint under the Anti-Discrimination Act 1991

A complaint may be made under section 44(1) in relation to a reprisal only if the reprisal happens after the commencement.

sec.77 Confidentiality of information

This section applies if a person gained confidential information because of the person’s involvement as a public officer in the administration of the repealed Act. The person is taken to have gained the information because of the person’s involvement as a public officer in the new Act’s administration. The person may make a record of the confidential information, or disclose it to someone else, under section 65(3) of the new Act, even if the person gained the information before the commencement. In this section— public officer includes a former member of the former misconduct tribunal established under the repealed Misconduct Tribunals Act 1997 , section 11 . (sec.77-ssec.1) This section applies if a person gained confidential information because of the person’s involvement as a public officer in the administration of the repealed Act. (sec.77-ssec.2) The person is taken to have gained the information because of the person’s involvement as a public officer in the new Act’s administration. (sec.77-ssec.3) The person may make a record of the confidential information, or disclose it to someone else, under section 65(3) of the new Act, even if the person gained the information before the commencement. (sec.77-ssec.4) In this section— public officer includes a former member of the former misconduct tribunal established under the repealed Misconduct Tribunals Act 1997 , section 11 .

Transitional provision for Public Service and Other Legislation Amendment Act 2012

sec.78 Continuation of standards made by oversight agency

This section applies to standards made by the Public Service Commission under section 60 that are in force immediately before the commencement of this section. The standards are taken, on the commencement, to be the standards made by the ombudsman as the oversight agency. s 78 ins 2012 No. 22 s 19 (sec.78-ssec.1) This section applies to standards made by the Public Service Commission under section 60 that are in force immediately before the commencement of this section. (sec.78-ssec.2) The standards are taken, on the commencement, to be the standards made by the ombudsman as the oversight agency.

Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2024

sec.79 Application of s 13 to conduct of commission officer

Section 13, as amended by the Crime and Corruption and Other Legislation Amendment Act 2024 , applies to the conduct of a commission officer whether the conduct occurs before or after, or both before and after, the commencement. s 79 ins 2024 No. 41 s 54