Public Interest Disclosure Act 2012 (ACT)

The Public Interest Disclosure Act 2012 creates a statutory framework for the disclosure, investigation and handling of wrongdoing in ACT public sector entities, and for protecting people who make such disclosures. Mechanically, the Act does the following.

Defines the kinds of conduct that can be the subject of a protected disclosure (disclosable conduct) and the circumstances in which a disclosure becomes a public interest disclosure, thereby attracting statutory protections (see s 8, s 7, s 17A, s 27).
Specifies who may make disclosures (any person) and the persons and offices to which disclosures may be made, including disclosure officers, Ministers, certain supervisors and specified statutory officers (ss 14, 15, 11).
Establishes a central role for the ACT Integrity Commissioner to assess disclosures, to investigate or refer public interest disclosures, and to oversee how public sector entities deal with disclosures. The integrity commissioner makes the final determination whether a disclosure given to the commissioner is a public interest disclosure (ss 17, 17A, 19, 28).
Prescribes investigatory processes and obligations on investigating entities, including duties to comply with natural justice and to keep disclosers informed of progress and outcome (ss 18, 20, 23).
Requires heads of public sector entities to nominate disclosure officers and publish contact details, and to take reasonable and necessary action if disclosable conduct is believed to have occurred (ss 11(2), 24).
Provides a suite of protections for disclosers and witnesses: immunity from civil or criminal liability for making a public interest disclosure (s 35), absolute privilege in defamation proceedings (s 36), protection for witnesses who provide information to investigations (s 42A), and remedies where detrimental action is taken, including criminal offence for retaliation, damages, and injunctive relief (ss 39-42A).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Public Interest Disclosure Act 2012 A2012-43 Republication No 7 Effective: 4 March 2021 Republication date: 4 March 2021 Last amendment made by A2020-46

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Public Interest Disclosure Act 2012 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 4 March 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 4 March 2021. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Public Interest Disclosure Act 2012 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 6 Object of Act 3 Part 2 Important concepts 7 Meaning of public interest disclosure 4 8 Meaning of disclosable conduct 4 9 Meaning of public sector entity 6 10 Meaning of public official 6 11 Meaning of disclosure officer 7 12 Meaning of relates to an entity 8 13 Meaning of head of a public sector entity 8

Contents Page contents 2 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Disclosing disclosable conduct 14 Anyone may disclose disclosable conduct 10 15 Who disclosure of disclosable conduct may be made to 10 16 How to disclose disclosable conduct 11 17 Giving disclosure of disclosable conduct to integrity commissioner 12 17A When disclosure of disclosable conduct given to integrity commissioner is a public interest disclosure 13 17B Notice about disclosure of disclosable conduct that is not public interest disclosure 14 Part 4 Dealing with a public interest disclosure 18 Meaning of investigating entity 15 19 Integrity commissioner—investigate or refer public interest disclosure 15 19A Notice about investigation 16 20 Investigating public interest disclosure 17 21 Referral to chief police officer 18 23 Discloser must be kept informed about investigation 18 24 Public sector entity must take action 19 25 Integrity commissioner must be kept informed 20 26 Limitations on obligations to keep people informed etc 21 26A Disclosable conduct of integrity commissioner 22 Part 5 Public interest disclosure to third parties 27 Giving disclosure of disclosable conduct to Legislative Assembly or journalist 23 27A Giving public interest disclosure to Legislative Assembly or journalist 24 Part 6 Oversight of public interest disclosures 28 Integrity commissioner’s functions 25 29 Integrity commissioner may review decisions 26 30 Report by integrity commissioner 26 31 Integrity commissioner must tell discloser about decision 27 32 Integrity commissioner’s guidelines 28 33 Integrity commissioner’s procedures 28 34 Role of ombudsman 29

Contents Page R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Protections for disclosers and witnesses 35 Immunity from liability 31 36 Protection from defamation action 31 37 Loss of protection 32 38 Liability for own conduct 32 39 What is detrimental action? 33 40 Offence—taking detrimental action 33 41 Damages for detrimental action 34 42 Injunction to prevent detrimental action etc 34 42A Protection of witnesses 35 Part 8 Miscellaneous 43 Protection of officials from liability 36 44 Offences—use or divulge protected information 37 45 Annual reporting by integrity commissioner 39 47 Regulation-making power 41 48 Review of Act 41 Dictionary 42 Endnotes 1 About the endnotes 45 2 Abbreviation key 45 3 Legislation history 46 4 Amendment history 48 5 Earlier republications 52 6 Expired transitional or validating provisions 53

R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Public Interest Disclosure Act 2012 An Act to facilitate public interest disclosures and protect people making those disclosures, and for other purposes

Part 1 Preliminary Section 1 page 2 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Public Interest Disclosure Act 2012. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘head of service—see the Public Sector Management Act 1994, dictionary.’ means that the term ‘head of service’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Preliminary Part 1 Section 6 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Object of Act The object of this Act is to promote the public interest by— (a) providing a way for people to disclose disclosable conduct; and (b) ensuring people who make public interest disclosures are protected and treated respectfully; and (c) ensuring public interest disclosures are properly investigated and dealt with; and (d) ensuring that appropriate consideration is given to the interests of people who make public interest disclosures and the people who are the subject of the disclosures.

Part 2 Important concepts Section 7 page 4 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Important concepts 7 Meaning of public interest disclosure In this Act: public interest disclosure means a disclosure of disclosable conduct that is taken to be a public interest disclosure under section 17A (3) or section 27 (4). Note 1 Disclosers and witnesses in relation to public interest disclosures are protected from liability (see pt 7). Note 2 A discloser for a public interest disclosure may forfeit protections (see s 37). 8 Meaning of disclosable conduct (1) For this Act, disclosable conduct means an action or a policy, practice or procedure of a public sector entity, or public official for a public sector entity, that— (a) is maladministration; or (b) results in a substantial and specific danger to public health or safety, or the environment. (2) However, disclosable conduct does not include an action or a policy practice or procedure of a public sector entity, or a public official for a public sector entity, that— (a) relates to a personal work-related grievance of the person disclosing the conduct; or

Important concepts Part 2 Section 8 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) is to give effect to a policy of the Territory about amounts, purposes or priorities of public expenditure. Examples—par (a) 1 an interpersonal conflict between the person and another employee 2 a decision not to approve the person’s leave application 3 a decision relating to the employment, transfer or promotion of the person 4 a decision relating to the terms and conditions of employment of the person 5 a decision to suspend or terminate the employment of the person, or to discipline the person (3) In this section: environment—see the Environment Protection Act 1997, dictionary. maladministration means conduct or a policy, practice or procedure that— (a) results in a substantial mismanagement of public resources or public funds; or (b) involves substantial mismanagement in the performance of official functions. public funds means funds available to, or under the control of, a public sector entity including public and trust money within the meaning of the Financial Management Act 1996. public health or safety includes the health or safety of people— (a) under lawful care or control; or (b) using community facilities or services provided by the private sector or public sector; or (c) in workplaces. Examples—par (a) 1 students under the care or control of a teacher 2 patients in a health facility 3 detainees in a correctional facility

Part 2 Important concepts Section 9 page 6 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Meaning of public sector entity (1) For this Act, a public sector entity is any of the following: (a) an ACTPS entity; (b) a Legislative Assembly entity; (c) an entity prescribed by regulation. Note ACTPS entity and Legislative Assembly entity—see the dictionary. (2) However, a public sector entity does not include an entity prescribed by regulation. (3) Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation made for subsection (2) commences— (a) if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or (b) on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or (c) if the regulation provides for a later date or time of commencement—on that date or at that time. 10 Meaning of public official For this Act, a public official for a public sector entity is— (a) a person who is or has been— (i) an employee of the public sector entity; or (ii) a contractor, employee of a contractor or volunteer exercising a function of the public sector entity; or (b) a person prescribed by regulation.

Important concepts Part 2 Section 11 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Meaning of disclosure officer (1) For this Act, a disclosure officer for a disclosure of disclosable conduct is any of the following: (a) for a disclosure that relates to an ACTPS entity— (i) the public sector standards commissioner; or (ii) the head of service; or (iii) the auditor-general; or (iv) the ombudsman; or (v) the integrity commissioner; or (vi) the head of an ACTPS entity; or (vii) a person nominated under subsection (2) for an ACTPS entity; (b) for a disclosure that relates to a Legislative Assembly entity— (i) the clerk of the Legislative Assembly; or (ii) the auditor-general; or (iii) the ombudsman; or (iv) the integrity commissioner; or (v) a person nominated under subsection (2) for a Legislative Assembly entity. (2) The head of a public sector entity must— (a) nominate at least 1 person to be a disclosure officer for disclosures of disclosable conduct for the entity; and (b) publish the disclosure officer’s contact details on the entity’s website; and

Part 2 Important concepts Section 12 page 8 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if the entity is not the integrity commissioner—give the disclosure officer’s contact details to the integrity commissioner. (3) The integrity commissioner must publish, on the integrity commissioner’s website, the contact details given under subsection (2) (c). 12 Meaning of relates to an entity For this Act, a disclosure of disclosable conduct or a public interest disclosure relates to an entity if it is about— (a) the entity’s disclosable conduct; or (b) for a public sector entity—the disclosable conduct of a public official for the entity; or (c) the disclosable conduct of another person that affects the exercise of functions of— (i) the entity; or (ii) for a public sector entity—a public official for the entity. 13 Meaning of head of a public sector entity For this Act, the head of a public sector entity is any of the following: (a) for an ACTPS entity— (i) for an administrative unit—the director-general of the administrative unit; and (ii) for a territory authority—the person who has responsibility for managing the affairs of the territory authority; and

Important concepts Part 2 Section 13 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) for a territory-owned corporation or a subsidiary of a territory-owned corporation—the person who has responsibility for managing the affairs of the territory-owned corporation; and (iv) for a territory instrumentality—the person who has responsibility for managing the affairs of the territory instrumentality; and (v) for a statutory office-holder—the statutory office-holder; (b) for a Legislative Assembly entity other than an officer of the Assembly—the clerk of the Legislative Assembly; (c) for an officer of the Assembly—the officer; (d) for an entity prescribed by regulation under section 9 (1) (c)— the person prescribed by regulation.

Part 3 Disclosing disclosable conduct Section 14 page 10 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Disclosing disclosable conduct 14 Anyone may disclose disclosable conduct Any person may disclose disclosable conduct. 15 Who disclosure of disclosable conduct may be made to (1) A person may disclose disclosable conduct to— (a) a disclosure officer; or (b) a Minister; or (c) if the person is a public official for a public sector entity— (i) a person who, directly or indirectly, supervises or manages the person; or (ii) for a public sector entity that has a governing board—a member of the board; or (iii) a public official of the entity who has the function of receiving information of the kind being disclosed or taking action in relation to that kind of information. Examples 1 the chief financial officer of a public sector entity in relation to a disclosure about a substantial mismanagement of public resources by an employee of the entity 2 a public official on a clinical standards committee for a public hospital in relation to a disclosure about medical malpractice at the hospital that was resulting in a substantial danger to public health

Disclosing disclosable conduct Part 3 Section 16 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If disclosable conduct is disclosed to a person mentioned in subsection (1) (b) or (c), the person must give a copy of the disclosure to a disclosure officer. Note 1 A person must comply with s (2) as soon as possible after receiving the disclosure of disclosable conduct (see Legislation Act, s 151B). Note 2 A person who discloses disclosable conduct may disclose the conduct to the Legislative Assembly or a journalist in certain circumstances (see s 27). 16 How to disclose disclosable conduct (1) A disclosure of disclosable conduct may be made— (a) orally or in writing; and (b) using any form of electronic communication; and (c) anonymously; and (d) without the person disclosing the disclosable conduct asserting that the disclosure is made under this Act. Example Tranh comments to her supervisor during a coffee break that she believes there are a number of significant irregularities in the ordering of office supplies for her business unit. Tranh does not ask or infer that the irregularities should be investigated. (2) If the disclosure is made orally to a person mentioned in section 15 (1)— (a) the person must make a written record of the disclosure; and (b) the written record is taken to be a disclosure of disclosable conduct. (3) In this section: electronic communication means communication by telephone, email, fax or any other electronic means.

Part 3 Disclosing disclosable conduct Section 17 page 12 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Giving disclosure of disclosable conduct to integrity commissioner (1) This section applies to a disclosure officer (other than the integrity commissioner), if— (a) a person discloses disclosable conduct to the disclosure officer; and (b) the disclosure officer is satisfied on reasonable grounds that the disclosure is— (i) about disclosable conduct; and (ii) disclosed in good faith; and (c) the disclosure is not about the integrity commissioner. Note For disclosures about disclosable conduct of the integrity commissioner, see s 26A. (2) The disclosure officer must— (a) give a copy of the disclosure to the integrity commissioner; and (b) if the person who disclosed the conduct did not disclose the conduct anonymously— (i) give the integrity commissioner the person’s name and contact details; and (ii) tell the person, in writing, when the disclosure was given to the integrity commissioner. Note 1 The disclosure officer must comply with s (2) as soon as possible after receiving the disclosure of disclosable conduct (see Legislation Act, s 151B). Note 2 A person who discloses disclosable conduct may disclose the conduct to the Legislative Assembly or a journalist in certain circumstances (see s 27).

Disclosing disclosable conduct Part 3 Section 17A R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17A When disclosure of disclosable conduct given to integrity commissioner is a public interest disclosure (1) This section applies if— (a) a person discloses disclosable conduct to the integrity commissioner; or (b) another disclosure officer gives the integrity commissioner a disclosure of disclosable conduct under section 17. Note The integrity commissioner is a disclosure officer (see s 11). (2) The integrity commissioner must assess the disclosure and decide if the commissioner is satisfied on reasonable grounds that the disclosure is— (a) about disclosable conduct; and (b) disclosed in the public interest; and (c) not frivolous or vexatious. (3) If the integrity commissioner is satisfied under subsection (2), the disclosure of disclosable conduct— (a) is taken to be a public interest disclosure; and (b) the person who disclosed the disclosable conduct is taken to be the discloser for the public interest disclosure; and (c) the protections in part 7 are taken to apply to the discloser for the public interest disclosure from the day the conduct was disclosed. Note A discloser for a public interest disclosure may forfeit protections (see s 37).

Part 3 Disclosing disclosable conduct Section 17B page 14 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17B Notice about disclosure of disclosable conduct that is not public interest disclosure (1) If a disclosure of disclosable conduct is not taken to be a public interest disclosure under section 17A (3) (a), the integrity commissioner must tell the relevant people, in writing, that— (a) the disclosure is not taken to be a public interest disclosure; and (b) the protections in part 7 do not apply to the person who disclosed the conduct in relation to the disclosure. (2) In this section: relevant people means— (a) if the disclosure was given to the integrity commissioner by another disclosure officer under section 17—the disclosure officer; and (b) if the person who disclosed the disclosable conduct did not disclose the conduct anonymously—the person. Note A person who discloses disclosable conduct may disclose the conduct to the Legislative Assembly or a journalist in certain circumstances (see s 27).

Dealing with a public interest disclosure Part 4 Section 18 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Dealing with a public interest disclosure 18 Meaning of investigating entity In this part: investigating entity, for an investigation of a public interest disclosure, means— (a) if the integrity commissioner does not refer the disclosure to an entity for investigation under section 19 (2)—the integrity commissioner; or (b) if the integrity commissioner refers the disclosure to an entity for investigation under section 19 (2)—the entity. 19 Integrity commissioner—investigate or refer public interest disclosure (1) This section applies to the integrity commissioner if— (a) a disclosure of disclosable conduct is taken to be a public interest disclosure under section 17A (3); or (b) the integrity commissioner becomes aware of a disclosure of disclosable conduct that is taken to be a public interest disclosure under section 27 (4). (2) If the public interest disclosure relates to a public sector entity other than a Legislative Assembly entity, the integrity commissioner must investigate the disclosure or refer it to 1 of the following entities for investigation: (a) the head of a public sector entity; (b) the head of service; (c) the ombudsman; (d) the public sector standards commissioner.

Part 4 Dealing with a public interest disclosure Section 19A page 16 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the public interest disclosure relates to a Legislative Assembly entity, the integrity commissioner must investigate the disclosure. (4) In deciding whether to refer the public interest disclosure to an entity under subsection (2), the integrity commissioner must consult the entity. (5) If the integrity commissioner refers the public interest disclosure to an entity under subsection (2), the integrity commissioner must give the entity— (a) a copy of the disclosure; and (b) if the discloser for the public interest disclosure did not disclose the conduct anonymously—the name and contact details of the discloser. Note For par (b), a discloser for a public interest disclosure may disclose the conduct to the Legislative Assembly or a journalist in certain circumstances (see s 27A). 19A Notice about investigation (1) This section applies if the discloser for a public interest disclosure did not disclose the conduct anonymously. (2) The integrity commissioner must tell the discloser for the public interest disclosure, in writing— (a) that the disclosure will be investigated under section 20; and (b) the name and contact details of the investigating entity for the public interest disclosure; and (c) if the integrity commissioner refers the disclosure to an entity under section 19 (2)—the date of the referral. (2) The integrity commissioner must give the discloser for the public interest disclosure information about the following: (a) the obligations under section 23 (Discloser must be kept informed about investigation);

Dealing with a public interest disclosure Part 4 Section 20 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the circumstances mentioned in section 27A (Giving public interest disclosure to Legislative Assembly or journalist); (c) the protections under part 7 (Protections for disclosers and witnesses). 20 Investigating public interest disclosure (1) The investigating entity for a public interest disclosure must— (a) investigate the disclosure; and (b) comply with the rules of natural justice and procedural fairness in relation to investigating the disclosure. (2) The investigating entity may end the investigation if— (a) the discloser for the public interest disclosure has withdrawn the disclosure and the investigating entity is reasonably satisfied that there are no further matters in relation to the disclosure that warrant investigation; or (b) if a discloser for the public interest disclosure disclosed the conduct anonymously and the investigating entity is reasonably satisfied that this makes it impracticable for the disclosure to be investigated; or (c) if the discloser for the public interest disclosure did not disclose the conduct anonymously— (i) the investigating entity asks the discloser for assistance to investigate the disclosure; and (ii) the discloser fails, without reasonable excuse, to give the assistance; and (iii) the investigating entity is reasonably satisfied that this makes it impracticable for the disclosure to be investigated; or

Part 4 Dealing with a public interest disclosure Section 21 page 18 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the investigating entity is reasonably satisfied that— (i) the disclosed information is wrong in a material way and investigation is not warranted; or (ii) the age of the disclosed information makes it impracticable for the disclosure to be investigated; or (iii) there is a more appropriate way reasonably available to deal with the disclosable conduct that is the subject of the public interest disclosure. Note A discloser for a public interest disclosure may disclose the conduct to the Legislative Assembly or a journalist in certain circumstances (see s 27A). 21 Referral to chief police officer The investigating entity for a public interest disclosure must refer the disclosure to the chief police officer if satisfied on reasonable grounds that the disclosable conduct the subject of the disclosure involves, or could involve, an offence. 23 Discloser must be kept informed about investigation (1) The investigating entity for a public interest disclosure must tell the discloser for the public interest disclosure, in writing— (a) the progress of the investigation of the disclosure, at least once every 3 months; and (b) the outcome of the investigation of the disclosure, including any action by the head of a public sector entity in relation to the disclosure under section 24; and (c) about any referral of the disclosure to the chief police officer under section 21; and

Dealing with a public interest disclosure Part 4 Section 24 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if the investigating entity for the disclosure ends the investigation under section 20— (i) the ground mentioned in section 20 (2) for ending the investigation; and (ii) the reasons for ending the investigation on that ground. (2) This section does not apply if the discloser for the public interest disclosure— (a) disclosed the conduct anonymously; or (b) has asked, in writing, not to be kept informed about the disclosure. (3) If the public interest disclosure has been referred to the chief police officer under section 21, the investigating entity for the public interest disclosure is only required to comply with subsection (1) (a), (b) and (d) to the extent that relevant information has been given to the entity by the chief police officer. Note 1 Certain information need not be given to the discloser for a public interest disclosure (see s 26). Note 2 A discloser for a public interest disclosure may disclose the conduct to the Legislative Assembly or a journalist in certain circumstances (see s 27A). 24 Public sector entity must take action (1) If a head of a public sector entity believes on reasonable grounds that disclosable conduct has occurred, is likely to have occurred or is likely to occur, the entity must take action necessary and reasonable to— (a) prevent the disclosable conduct continuing or occurring in the future; and

Part 4 Dealing with a public interest disclosure Section 25 page 20 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if an investigation of a public interest disclosure in relation to the disclosable conduct has been completed—discipline any person responsible for the disclosable conduct. Note Disclosable conduct includes taking detrimental action (see s 8 and s 40). (2) The head of the public sector entity must— (a) tell the integrity commissioner about any action taken or proposed to be taken; and (b) tell the discloser for the public interest disclosure about any action taken or proposed to be taken unless— (i) the discloser disclosed the conduct anonymously; or (ii) the discloser has asked, in writing, not to be kept informed about the public interest disclosure. Note 1 Certain information need not be given to the discloser for a public interest disclosure (see s 26). Note 2 A discloser for a public interest disclosure may disclose the conduct to the Legislative Assembly or a journalist in certain circumstances (see s 27A). 25 Integrity commissioner must be kept informed (1) If the investigating entity for a public interest disclosure is not the integrity commissioner, the entity must tell the commissioner about the following: (a) the progress and outcome of an investigation of the disclosure; (b) the referral of the disclosure under section 21 (Referral to chief police officer); (c) any action taken, or proposed to be taken, in relation to disclosable conduct the subject of the disclosure; (d) a decision to end the investigation of the disclosure and— (i) the ground mentioned in section 20 for the decision; and

Dealing with a public interest disclosure Part 4 Section 26 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the reasons for making the decision on that ground; and (iii) if the ground mentioned in section 20 (2) (d) (iii) was a reason for the decision—how the disclosure was otherwise dealt with and the result (if any) of dealing with the disclosure in that way. Note An investigating entity must comply with this section as soon as possible after an investigation etc is completed (see Legislation Act, s 151B). (2) If the public interest disclosure has been referred to the chief police officer, the investigating entity is only required to comply with subsection (1) (a), (c) and (d) to the extent that relevant information has been given to the entity by the chief police officer. 26 Limitations on obligations to keep people informed etc (1) A person, including a discloser for a public interest disclosure, need not be told about information in relation to a public interest disclosure if telling the person would be likely to adversely affect— (a) a person’s safety; or (b) an investigation relating to the disclosure. Example The integrity commissioner need not give the head of a public sector entity to which a public interest disclosure relates a copy or record of the disclosure if the integrity commissioner believes it is likely that detrimental action will be taken against the discloser for the public interest disclosure as a result. (2) However, subsection (1) does not apply to section 21 (Referral to chief police officer). (3) A discloser for a public interest disclosure need not be told information about the disclosure, if telling the discloser— (a) would, or could reasonably be expected to, identify another person who gives information in relation to the disclosure; or (b) is contrary to a law in force in the Territory.

Part 4 Dealing with a public interest disclosure Section 26A page 22 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26A Disclosable conduct of integrity commissioner (1) This section applies if— (a) a person discloses disclosable conduct about the integrity commissioner to a person mentioned in section 15 (1) (the receiver); and (b) the receiver is satisfied on reasonable grounds that the disclosure— (i) is about disclosable conduct; and (ii) is disclosed in good faith. (2) The receiver must— (a) give a copy of the disclosure of disclosable conduct to the inspector; and (b) if the person did not disclose the conduct anonymously— (i) give the inspector the name and contact details of the person; and (ii) tell the person, in writing, the date when the disclosure was given to the inspector. (3) If the receiver gives a disclosure of disclosable conduct to the inspector under subsection (2), the disclosure is taken to be a complaint to the inspector under the Integrity Commission Act 2018, section 257 (Inspector—making a complaint to the inspector). (4) In this section: inspector—see the Integrity Commission Act 2018, dictionary.

Public interest disclosure to third parties Part 5 Section 27 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Public interest disclosure to third parties 27 Giving disclosure of disclosable conduct to Legislative Assembly or journalist (1) This section applies to a person who— (a) disclosed disclosable conduct to a person mentioned in section 15 (1); and (b) did not disclose the conduct anonymously; and (c) has not received the notice mentioned in section 17B or 19A within 3 months after the day the person disclosed the disclosable conduct. (2) The person may disclose the disclosable conduct to a member of the Legislative Assembly or a journalist. (3) The person may only disclose information that is reasonably necessary to show that the conduct is disclosable conduct. (4) The disclosure of disclosable conduct by the person under subsection (2) is taken to be a public interest disclosure. (5) The person is taken to be the discloser for a public interest disclosure. (6) The protections in part 7 are taken to apply to the person from the day the person disclosed the conduct. Note 1 The integrity commissioner must refer or investigate the disclosure under s 19. Note 2 A discloser for a public interest disclosure may forfeit protections (see s 37).

Part 5 Public interest disclosure to third parties Section 27A page 24 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27A Giving public interest disclosure to Legislative Assembly or journalist (1) A discloser for a public interest disclosure may give the public interest disclosure to a member of the Legislative Assembly or a journalist if— (a) the discloser is told under section 19A that the disclosure will be investigated, but is not told about the progress of the investigation under section 23 for more than 3 months; or (b) the following applies: (i) the public interest disclosure is investigated under section 20; (ii) there is clear evidence that 1 or more instances of disclosable conduct mentioned in the disclosure has occurred, or was likely to have occurred; (iii) the discloser is told by the investigating entity that no action will be taken in relation to the disclosable conduct under section 24 (Public sector entity must take action). (2) The discloser for a public interest disclosure may only give the Legislative Assembly or a journalist information reasonably related to the disclosure.

Oversight of public interest disclosures Part 6 Section 28 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Oversight of public interest disclosures 28 Integrity commissioner’s functions (1) The integrity commissioner has the following functions: (a) to give advice about disclosures of disclosable conduct and public interest disclosures; (b) to monitor how public sector entities deal with disclosures of disclosable conduct and public interest disclosures; (c) to review the way in which public sector entities investigate and deal with public interest disclosures generally, or particular public interest disclosures; (d) to ensure just outcomes for people who make public interest disclosures, including by preventing and remedying the effect of detrimental action against people because of public interest disclosures; (e) to undertake, or coordinate the undertaking of, education and training programs about disclosures of disclosable conduct and public interest disclosures. (2) The integrity commissioner may tell the ombudsman about a disclosure of disclosable conduct or a public interest disclosure if the commissioner believes it is appropriate for the ombudsman to know about the disclosure.

Part 6 Oversight of public interest disclosures Section 29 page 26 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 Integrity commissioner may review decisions (1) The integrity commissioner may, at any time, review— (a) a decision by another investigating entity to end its investigation of a public interest disclosure under section 20 (2); and (b) an action taken, or proposed to be taken, by a public sector entity in relation to disclosable conduct the subject of a public interest disclosure. (2) The integrity commissioner may ask anyone to give the commissioner information, including protected information, relevant to the investigation of the disclosure. (3) A public sector entity or public official must comply with a request made to the entity or official. (4) After reviewing a decision, the integrity commissioner may— (a) amend the decision; or (b) set aside the decision and substitute a new decision; or (c) take no action. (5) After reviewing an action, or proposed action, the integrity commissioner may direct a public sector entity or public official to take, or not take, action in relation to the disclosable conduct. 30 Report by integrity commissioner (1) The integrity commissioner may give a report to the Minister about— (a) a public sector entity’s public interest disclosure procedures; or (b) how a disclosure of disclosable conduct or a public interest disclosure is dealt with by a public sector entity.

Oversight of public interest disclosures Part 6 Section 31 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, the integrity commissioner— (a) may only include in a report information that may be adverse to, or critical of, a person if the commissioner has given the person an opportunity to be heard; and (b) must not include in a report information that is likely to adversely affect— (i) a person’s safety; or (ii) an investigation relating to the disclosure. (3) The Minister must present the report to the Legislative Assembly within 9 sitting days after the day the report is given to the Minister. (4) Subsection (2) (a) applies whether or not the adverse or critical material is— (a) express or implicit; or (b) by way of opinion or otherwise. 31 Integrity commissioner must tell discloser about decision (1) If the integrity commissioner makes a decision under section 29 (4) (a) or (b), the commissioner must tell the discloser for the public interest disclosure that is the subject of the decision— (a) the commissioner’s decision; and (b) the reasons for the commissioner’s decision. (2) This section does not apply if— (a) the discloser for the public interest disclosure disclosed the conduct anonymously; or (b) the discloser has asked in writing not to be kept informed about the public interest disclosure. Note Certain information need not be given to the discloser for a public interest disclosure (see s 26).

Part 6 Oversight of public interest disclosures Section 32 page 28 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 32 Integrity commissioner’s guidelines (1) The integrity commissioner must make guidelines about— (a) the way investigating entities investigate public interest disclosures; and (b) the way in which public sector entities deal with disclosures of disclosable conduct and public interest disclosures; and (c) the way members of the Legislative Assembly are to deal with— (i) disclosures of disclosable conduct made under section 27 (Giving disclosure of disclosable conduct to Legislative Assembly or journalist); and (ii) public interest disclosures made under section 27A (Giving public interest disclosure to Legislative Assembly or journalist). (2) A guideline is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 33 Integrity commissioner’s procedures (1) The integrity commissioner must make procedures for dealing with disclosures of disclosable conduct and public interest disclosures. (2) The procedures must include— (a) clear obligations on public sector entities and their public officials to take action to protect disclosers for public interest disclosures; and

Oversight of public interest disclosures Part 6 Section 34 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) risk management steps for assessing and minimising— (i) detrimental action against people because of public interest disclosures; and (ii) detriment to people against whom allegations of disclosable conduct are made in a public interest disclosure. 34 Role of ombudsman (1) This section applies if any of the following entities takes an action in relation to the disclosure of disclosable conduct or a public interest disclosure in the exercise of a function under this Act: (a) the head of a public sector entity; (b) the head of service; (c) the public sector standards commissioner. (2) A person may complain to the ombudsman about the action. (3) Without limiting subsection (2), the person may complain about whether a public sector entity or public official has followed— (a) guidelines made by the integrity commissioner under section 32; or (b) procedures issued by the integrity commissioner under section 33. (4) The ombudsman may exercise the following functions in relation to the complaint: (a) giving advice about disclosures of disclosable conduct or public interest disclosures; (b) monitoring the management of disclosures of disclosable conduct or public interest disclosures by the entity;

Part 6 Oversight of public interest disclosures Section 34 page 30 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) reviewing the way in which the entity dealt with or investigated the disclosure of disclosable conduct or public interest disclosure that is the subject of the complaint; (d) ensuring just outcomes for people who make public interest disclosures, including preventing and remedying the effect of detrimental action taken against disclosers or witnesses because of a public interest disclosure. (5) Nothing in this Act is intended to limit the ombudsman’s powers under the Ombudsman Act 1989.

Protections for disclosers and witnesses Part 7 Section 35 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Protections for disclosers and witnesses 35 Immunity from liability If a person makes a public interest disclosure— (a) the making of the public interest disclosure is not— (i) a breach of confidence; or (ii) a breach of professional etiquette or ethics; or (iii) a breach of a rule of professional conduct; or (iv) if the disclosure is made in relation to a member of the Legislative Assembly—a contempt of the Assembly; and (b) the discloser does not incur civil or criminal liability only because of the making of the public interest disclosure; and (c) for a discloser who is a public official—the discloser is not liable to administrative action (including disciplinary action or dismissal) only because of the making of the public interest disclosure. 36 Protection from defamation action Without limiting section 35, in a proceeding for defamation brought because of a public interest disclosure, the discloser for the public interest disclosure has a defence of absolute privilege for publishing the information disclosed.

Part 7 Protections for disclosers and witnesses Section 37 page 32 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Loss of protection (1) This section applies to a discloser for a public interest disclosure if a court is satisfied that— (a) the discloser has given information about the disclosure, or part of the disclosure, to a person investigating the disclosure that the discloser knows is false or misleading; or (b) the disclosure, or part of the disclosure, is vexatious. (2) The discloser forfeits the protections under this Act in relation to the public interest disclosure, or part of the disclosure. (3) However, a court may make an order that subsection (2) does not apply if the court considers that the discloser’s conduct mentioned in subsection (1) (a)— (a) has not materially prejudiced the investigation of the public interest disclosure; and (b) is of a minor nature. 38 Liability for own conduct (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. (2) In this section: liability includes civil or criminal liability or any liability arising from an administrative action (including disciplinary action or dismissal).

Protections for disclosers and witnesses Part 7 Section 39 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 39 What is detrimental action? For this Act, detrimental action is action that involves— (a) discriminating against a person by treating, or proposing to treat, the person unfavourably in relation to the person’s reputation, career, profession, employment or trade; or (b) harassing or intimidating a person; or (c) injuring a person; or (d) damaging a person’s property. 40 Offence—taking detrimental action (1) A person commits an offence if the person (the retaliator) takes detrimental action because of a public interest disclosure. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) For this Act, a retaliator takes detrimental action because of a public interest disclosure if the retaliator takes, or threatens to take, detrimental action against someone else because— (a) a person has made, or intends to make, a public interest disclosure; or (b) the retaliator believes that a person has made or intends to make a public interest disclosure. (3) In determining whether a retaliator has taken detrimental action because of a public interest disclosure, it is sufficient if a reason mentioned in subsection (2) is a contributing reason.

Part 7 Protections for disclosers and witnesses Section 41 page 34 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 41 Damages for detrimental action (1) A person who takes detrimental action against someone else because of a public interest disclosure is liable in damages to anyone who suffers detriment as a result. (2) Detrimental action is a tort and damages may be recovered in a proceeding in a court of competent jurisdiction. (3) Any remedy that may be given by a court for a tort, including exemplary damages, may be given by a court in a proceeding under this section. (4) The right of a person to bring a proceeding for damages under this section does not affect any other right or remedy available to the person arising from detrimental action. 42 Injunction to prevent detrimental action etc (1) On application, the Supreme Court may— (a) if satisfied that a person has taken detrimental action because of a public interest disclosure—order the person who took the detrimental action to remedy the action; or (b) if satisfied that a person is taking, or is likely to take, detrimental action because of a public interest disclosure—grant an injunction to prevent the detrimental action being taken. (2) An application may be made by— (a) the integrity commissioner; or (b) the discloser for the public interest disclosure; or (c) a person against whom the detrimental action has been or is likely to be taken.

Protections for disclosers and witnesses Part 7 Section 42A R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The Supreme Court may grant an interim injunction restraining a person from taking detrimental action because of a public interest disclosure before deciding an application for an injunction under this section. 42A Protection of witnesses (1) A person is not subject to criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question in relation to a public interest disclosure if— (a) the person does so at the request of the investigating entity for the public interest disclosure; and (b) the information, document or answer is relevant to the investigation of the public interest disclosure by the entity. (2) However, if the information, document or answer relates to the person’s own conduct, this section does not affect their liability for the conduct.

Part 8 Miscellaneous Section 43 page 36 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Miscellaneous 43 Protection of officials from liability (1) An official is not civilly liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this Act. (2) Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory. (3) In this section: official means— (a) the integrity commissioner; or (b) the ombudsman; or (c) a disclosure officer; or (d) an investigating entity other than the integrity commissioner; or (e) a person authorised under this Act to do or not to do a thing. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Miscellaneous Part 8 Section 44 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44 Offences—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply if the information is used or divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, by a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding.

Part 8 Miscellaneous Section 44 page 38 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58). (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law in force in the ACT. (6) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish. person to whom this section applies means— (a) a person who is or has been— (i) the integrity commissioner; or (ii) the ombudsman; or (iii) a disclosure officer; or (iv) an investigating entity other than the integrity commissioner; or (b) anyone else who has exercised a function under this Act. produce includes allow access to.

Miscellaneous Part 8 Section 45 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else. Examples—protected information 1 information given to a disclosure officer whether or not it is a public interest disclosure 2 information given to an investigating entity about a public interest disclosure by someone other than the discloser for the public interest disclosure 3 information that would identify the discloser for the public interest disclosure or would allow the discloser’s identity to be worked out 4 information that would identify a person, other than the discloser for the public interest disclosure, who has given information to an investigating entity about a public interest disclosure or would allow the person’s identity to be worked out use, in relation to information, includes make a record of the information. 45 Annual reporting by integrity commissioner (1) The integrity commissioner must include the following information in the commission annual report for each year: (a) the number of disclosures of disclosable conduct given to the integrity commissioner under section 17; (b) the number of disclosures of disclosable conduct taken to be public interest disclosures under section 17A (3); (c) the number of disclosures of disclosable conduct not taken to be public interest disclosures under section 17A (3); (d) for a disclosure of disclosable conduct not taken to be a public interest disclosure under section 17A (3)—information about the ground the integrity commissioner was not satisfied of in relation to the disclosure;

Part 8 Miscellaneous Section 45 page 40 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) the number of referrals under section 19 (Integrity commissioner—investigate or refer public interest disclosure); (f) the number of investigations under section 20, including— (i) for each investigating entity for a public interest disclosure—the number of investigations of public interest disclosures by the entity; and (ii) whether, on investigation, the public interest disclosure was about disclosable conduct; and (iii) the number of investigations brought to an end under section 20; and (iv) the ground mentioned in section 20 (2) for ending the investigation; (g) the number of referrals under section 21 (Referral to chief police officer); (h) information about any action taken in accordance with section 24 (Public sector entity must take action); (i) the number of reviews under section 29 (Integrity commissioner may review decisions); (j) the number of reports under section 30 (Report by integrity commissioner); (k) the number of prosecutions under section 40 (Offence—taking detrimental action); (l) information about education and training programs about disclosable conduct and public interest disclosures undertaken or coordinated by the integrity commissioner. (2) In this section: commission annual report—see the Integrity Commission Act 2018, section 217.

Miscellaneous Part 8 Section 47 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 47 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. 48 Review of Act (1) The Minister must, in consultation with the Speaker, review the operation of this Act— (a) at the same time as the Minister reviews the Integrity Commission Act 2018 under section 303 of that Act; and (b) in conjunction with that Act. (2) The Minister must present a report of the review to the Legislative Assembly at the same time the Minister presents a report of the review of the Integrity Commission Act 2018 under section 303 (2) of that Act.

Dictionary page 42 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • auditor-general • entity • head of service • integrity commissioner • Legislative Assembly • Minister (see s 162) • Office of the Legislative Assembly • officer of the Assembly • ombudsman • public sector standards commissioner • public service • statutory office-holder • Supreme Court • territory authority • territory instrumentality • territory law • territory-owned corporation • the Territory. ACTPS entity means any of the following: (a) the public service; (b) a territory authority; (c) a territory-owned corporation;

Dictionary R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) a subsidiary of a territory-owned corporation; (e) a territory instrumentality; (f) a statutory office-holder. detrimental action—see section 39. disclosable conduct—see section 8. discloser, for a public interest disclosure, means the person who discloses disclosable conduct that is taken to be a public interest disclosure under— (a) section 17A (2); or (b) section 27 (4). disclosure officer, for a disclosure of disclosable conduct—see section 11. head, of a public sector entity—see section 13. investigating entity, for an investigation of a public interest disclosure—see section 18. Legislative Assembly entity means any of the following: (a) a member of the Legislative Assembly; (b) the Office of the Legislative Assembly; (c) a person employed under the Legislative Assembly (Members’ Staff) Act 1989; (d) an officer of the Assembly. protected information—see section 44 (6). public interest disclosure—see section 7.

Dictionary page 44 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au public interest disclosure procedures means procedures under section 33 (1). public official, for a public sector entity—see section 10. public sector entity—see section 9. relates, to an entity—see section 12. takes, detrimental action—see section 40 (2).

Endnotes About the endnotes 1 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 46 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Public Interest Disclosure Act 2012 A2012-43 notified LR 5 September 2013 s 1, s 2 commenced 5 September 2013 (LA s 75 (1)) remainder commenced 1 February 2013 (s 2) as amended by Officers of the Assembly Legislation Amendment Act 2013 A2013-41 sch 1 pt 1.6 notified LR 7 November 2013 s 1, s 2 commenced 7 November 2013 (LA s 75 (1)) sch 1 pt 1.6 commenced 1 July 2014 (s 2) Annual Reports (Government Agencies) Amendment Act 2015 A2015-16 sch 1 pt 1.20 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 1 pt 1.20 commenced 3 June 2015 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.54 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.54 commenced 1 September 2016 (s 2) Integrity Commission Act 2018 A2018-52 sch 1 pt 1.19 (as am by A2019-18 s 4) notified LR 11 December 2018 s 1, s 2 commenced 11 December 2018 (LA s 75 (1)) sch 1 pt 1.19 commenced 1 December 2019 (s 2 (2) (a) as am by A2019-18 s 4) Integrity Commission Amendment Act 2019 A2019-18 s 4 notified LR 14 June 2019 s 1, s 2 commenced 14 June 2019 (LA s 75 (1)) s 3, s 4 commenced 15 June 2019 (s 2 (1)) Note This Act only amends the Integrity Commission Act 2018 A2018-52.

Endnotes Legislation history 3 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Public Interest Disclosure Amendment Act 2020 A2020-46 notified LR 4 September 2020 s 1, s 2 commenced 4 September 2020 (LA s 75 (1)) remainder commenced 4 March 2021 (s 2 and LA s 79)

Endnotes 4 Amendment history page 48 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Object of Act s 6 am A2020-46 s 4 Meaning of public interest disclosure s 7 sub A2020-46 s 5 Meaning of disclosable conduct s 8 sub A2020-46 s 5 Meaning of disclosure officer s 11 am A2018-52 amdt 1.98, amdt 1.99; pars renum R6 LA; A2020-46 ss 6-9 Meaning of relates to an entity s 12 am A2020-46 s 10 Meaning of head of a public sector entity s 13 am A2013-41 amdt 1.28; pars renum R2 LA Disclosing disclosable conduct pt 3 hdg sub A2020-46 s 11 Anyone may disclose disclosable conduct s 14 sub A2020-46 s 11 Who disclosure of disclosable conduct may be made to s 15 sub A2020-46 s 11 How to disclose disclosable conduct s 16 sub A2020-46 s 11 Giving disclosure of disclosable conduct to integrity commissioner s 17 am A2016-52 amdt 1.146 sub A2020-46 s 11 When disclosure of disclosable conduct given to integrity commissioner is a public interest disclosure s 17A ins A2020-46 s 11 Notice about disclosure of disclosable conduct that is not public interest disclosure s 17B ins A2020-46 s 11 Dealing with a public interest disclosure pt 4 hdg sub A2020-46 s 12 Meaning of investigating entity s 18 sub A2020-46 s 13

Endnotes Amendment history 4 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Integrity commissioner—investigate or refer public interest disclosure s 19 sub A2020-46 s 13 Notice about investigation s 19A ins A2020-46 s 13 Investigating public interest disclosure s 20 sub A2020-46 s 13 Investigating entity must keep referring entity informed s 22 om A2020-46 s 14 Discloser must be kept informed about investigation s 23 sub A2020-46 s 14 Public sector entity must take action s 24 am A2020-46 s 15, s 16 Integrity commissioner must be kept informed s 25 hdg sub A2020-46 s 17 s 25 am A2020-46 ss 18-22 Limitations on obligations to keep people informed etc s 26 am A2020-46 ss 23-25 Disclosable conduct of integrity commissioner s 26A ins A2020-46 s 26 Giving disclosure of disclosable conduct to Legislative Assembly or journalist s 27 sub A2020-46 s 27 Giving public interest disclosure to Legislative Assembly or journalist s 27A ins A2020-46 s 27 Integrity commissioner’s functions s 28 sub A2020-46 s 28 Integrity commissioner may review decisions s 29 hdg sub A2020-46 s 29 s 29 am A2020-46 ss 30-33 Report by integrity commissioner s 30 hdg sub A2020-46 s 34 s 30 am A2020-46 ss 35-37 Integrity commissioner must tell discloser about decision s 31 hdg sub A2020-46 s 38 s 31 am A2020-46 ss 39-41 Integrity commissioner’s guidelines s 32 hdg sub A2020-46 s 42 s 32 am A2020-46 s 43

Endnotes 4 Amendment history page 50 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Integrity commissioner’s procedures s 33 sub A2020-46 s 44 Role of ombudsman s 34 sub A2020-46 s 44 Protections for disclosers and witnesses pt 7 hdg sub A2020-46 s 45 Protection from defamation action s 36 sub A2020-46 s 46 Loss of protection s 37 am A2020-46 ss 47-50 Damages for detrimental action s 41 am A2020-46 s 51 Injunction to prevent detrimental action etc s 42 sub A2020-46 s 52 Protection of witnesses s 42A ins A2020-46 s 52 Protection of officials from liability s 43 am A2020-46 s 53, s 54 Offences—use or divulge protected information s 44 am A2020-46 ss 55-57 Annual reporting by integrity commissioner s 45 om A2015-16 amdt 1.25 ins A2020-46 s 58 Approved forms s 46 om A2020-46 s 59 Review of Act s 48 ins A2020-46 s 60 Transitional pt 20 hdg exp 1 February 2018 (s 103) Act applies to disclosures made after commencement s 100 exp 1 February 2018 (s 103) Public Interest Disclosure Act 1994 applies to disclosures made before commencement s 101 exp 1 February 2018 (s 103) Transitional regulations s 102 exp 1 February 2018 (s 103) Expiry—pt 20 s 103 exp 1 February 2018 (s 103)

Endnotes Amendment history 4 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Repeals and consequential amendments pt 21 hdg om LA s 89 (3) Repeal of Public Interest Disclosure Act 1994 s 104 om LA s 89 (3) Ombudsman Act 1989, section 4A (c) s 105 om LA s 89 (3) Ombudsman Act 1989, new section 5 (2A) s 106 om LA s 89 (3) Dictionary dict am A2013-41 amdt 1.29; A2016-52 amdt 1.147, amdt 1.148; A2018-52 amdt 1.100; A2020-46 s 61 def ACTPS entity am A2016-52 amdt 1.149 def commissioner am A2016-52 amdt 1.150 om A2020-46 s 62 def contact details om A2020-46 s 62 def discloser sub A2020-46 s 63 def disclosure officer am A2020-46 s 64 def head of service om A2016-52 amdt 1.151 def investigating entity pars renum R2 LA sub A2020-46 s 65 def Legislative Assembly entity am A2013-41 amdt 1.30

Endnotes 5 Earlier republications page 52 Public Interest Disclosure Act 2012 Effective: 04/03/21 R7 04/03/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 Feb 2013 1 Feb 2013– 30 June 2014 not amended new Act R2 1 July 2014 1 July 2014– 2 June 2015 A2013-41 amendments by A2013-41 R3 3 June 2015 3 June 2015– 31 Aug 2016 A2015-16 amendments by A2015-16 R4 1 Sept 2016 1 Sept 2016– 1 Feb 2018 A2016-52 amendments by A2016-52 R5 2 Feb 2018 2 Feb 2018– 30 Nov 2019 A2016-52 expiry of transitional provisions (pt 20) R6 1 Dec 2019 1 Dec 2019– 3 Mar 2021 A2019-18 amendments by A2018-52 as amended by A2019-18

Endnotes Expired transitional or validating provisions 6 R7 04/03/21 Public Interest Disclosure Act 2012 Effective: 04/03/21 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2021

The Act turns on a set of defined legal concepts that determine scope, process and protection. Understanding those definitions is essential to predict who can act, when protections attach, and what counts as disclosable conduct.

Disclosable conduct (s 8). It is an action, or a policy, practice or procedure of a public sector entity or a public official for a public sector entity, that is either maladministration or that results in a substantial and specific danger to public health or safety, or the environment. The statute further defines maladministration to include substantial mismanagement of public resources or public funds, or substantial mismanagement in performing official functions. The definition expressly excludes personal work-related grievances of the discloser (examples at s 8(2)(a)) and excludes actions that are to give effect to Territory policy about public expenditure (s 8(2)(b)). The definition cross-refers to the Environment Protection Act 1997 for "environment" and to the Financial Management Act 1996 for "public funds" (s 8(3)).
Public interest disclosure (s 7, s 17A, s 27). A public interest disclosure is a disclosure of disclosable conduct that is taken to be a public interest disclosure under the statutory tests. A disclosure given to the integrity commissioner (or given to the integrity commissioner by another disclosure officer) is assessed by the integrity commissioner, who must be satisfied on reasonable grounds that the disclosure is about disclosable conduct, is disclosed in the public interest, and is not frivolous or vexatious, before declaring it a public interest disclosure (s 17A(2)-(3)). Alternatively, a person who has disclosed disclosable conduct to an authorised recipient and who has not received certain notices within three months may themselves disclose to the Legislative Assembly or to a journalist, in which case the disclosure is taken to be a public interest disclosure (s 27).
Public sector entity and public official (ss 9-10, dictionary). A public sector entity includes ACT Public Service entities, Legislative Assembly entities, and entities prescribed by regulation, subject to the regulation-making and disallowance mechanics (s 9). A public official includes employees, contractors and volunteers exercising functions of the public sector entity, plus persons prescribed by regulation (s 10). The Act uses head-of-entity concepts drawn from or defined by other legislation (s 13; see signpost references in the dictionary).
Disclosure officer and investigating entity (ss 11, 18). A disclosure officer is a statutory or nominated person who receives disclosures for a given entity. For ACTPS entities the list of disclosure officers includes the public sector standards commissioner, head of service, auditor-general, ombudsman, integrity commissioner, heads of entities, and any person nominated as a disclosure officer (s 11(1)(a)). The head of each public sector entity must nominate at least one disclosure officer and publish contact details (s 11(2)). An investigating entity is the entity that will investigate a public interest disclosure, either the integrity commissioner where the commissioner does not refer the disclosure, or the entity to which the commissioner refers the disclosure (s 18).
Protected information and protected procedures (s 44, ss 32-33). The Act defines protected information as information disclosed to, or obtained by, persons exercising functions under the Act because of the exercise of that function (s 44(6) and examples). There are criminal offences for recklessly using or divulging protected information except in limited circumstances such as authorised uses under the Act or with consent (s 44(1)-(4)). The integrity commissioner must make guidelines and procedures for investigation and dealing with disclosures, and these instruments are intended to set out investigative standards and protective steps (ss 32-33).

These concepts combine procedural triggers (who receives the information, who assesses it) and substantive thresholds (maladministration, substantial mismanagement, substantial danger). The Act embeds delineations between internal grievance-type matters and matters of public interest (s 8(2)), and it sets standards for how decision-makers (especially the integrity commissioner) must form their view (s 17A requires satisfaction on reasonable grounds). The definitions also allocate responsibilities for publication and internal organisation: heads must nominate disclosure officers and publish contact details (s 11(2)), and the integrity commissioner must publish the contact details received (s 11(3)).

The Act defines classes of persons and bodies with rights, duties and exposure to criminal or civil consequences. Key affected actors are the following.

Disclosers and potential disclosers (s 14, dictionary). Any person may disclose disclosable conduct (s 14). A person who discloses disclosable conduct may become a discloser for a public interest disclosure if the integrity commissioner so takes the disclosure, or if the statutory conditions for third-party disclosure are met (s 7, s 17A, s 27).
Public officials (s 10). Public officials include employees, contractors, volunteers exercising functions of public sector entities, and persons prescribed by regulation. For public officials, the Act supplies both protections (s 35(c): no administrative action only because of making the public interest disclosure) and potential exposure (liability for their own conduct under s 38).
Public sector entities and their heads (ss 9, 13). Public sector entities include ACTPS entities and Legislative Assembly entities (s 9). Heads of public sector entities have specific duties: to nominate disclosure officers and publish contact details (s 11(2)), to take necessary and reasonable action if they believe on reasonable grounds that disclosable conduct has occurred or may occur (s 24), and to tell the integrity commissioner and the discloser about any action taken or proposed (s 24(2)). The head of an entity also receives investigatory reports and is a potential investigating entity if the integrity commissioner refers a matter (ss 19-25).
Disclosure officers and statutory officers (s 11, s 15). Disclosure officers are the statutory or nominated persons charged with receiving disclosures. The Act identifies specific statutory disclosure officers for different entity types (public sector standards commissioner, head of service, auditor-general, ombudsman, integrity commissioner, heads of entities, and nominated persons; s 11(1)). Disclosure officers who receive a disclosure must, when satisfied on reasonable grounds, give a copy to the integrity commissioner and provide contact details of the discloser if not anonymous (s 17(1)-(2)).
Integrity Commissioner (s 17A, s 19, s 28). The integrity commissioner plays a central role: assessing disclosures given to the commissioner, determining whether they are public interest disclosures, investigating or referring them, monitoring how entities manage disclosures, making guidelines and procedures, reviewing decisions and directing action, and reporting annually (ss 17A, 19, 28-33, 45). The Act confers discretion and supervisory authority on the commissioner.
Ombudsman and inspector roles (s 34, s 26A). The ombudsman has a role in receiving complaints about how entities investigate or deal with disclosures and may exercise review and monitoring functions (s 34). Disclosures about the integrity commissioner are referred to the inspector under the Integrity Commission Act 2018 via s 26A.
Ministers, members of the Legislative Assembly and journalists (s 15, s 27, s 27A). Disclosures can be made to Ministers and, in limited circumstances, to members of the Legislative Assembly or to journalists (s 15, s 27, s 27A). Special rules apply before third-party disclosures are treated as public interest disclosures, including non-anonymity and time limits (s 27).
Courts and police (ss 21, 40-42, s 44). The Act provides criminal offences and civil remedies. Investigating entities must refer matters to the chief police officer if the conduct involves or could involve an offence (s 21). The Act creates an offence for taking detrimental action because of a public interest disclosure (s 40) and offences for unauthorised use or divulgence of protected information (s 44). Courts may award damages (s 41) and grant injunctions (s 42).

The obligations affect public sector employers operationally: they must set up nominated disclosure officers, publish contact details and adopt integrity commissioner procedures. They also face investigatory and notification duties under ss 19-25 and potential court-ordered remedies and damages resulting from detrimental action. For individuals, the Act alters legal risk and remedies: it creates immunity from legal action for making a public interest disclosure (s 35), but it also preserves liability for a discloser’s own conduct (s 38) and carves out a forfeiture mechanism where disclosures are false or vexatious (s 37).

This section lists the principal duties the Act imposes and the primary rights it creates, with statutory references for each material point.

Duties

Nomination and publication of disclosure officers: The head of each public sector entity must nominate at least one disclosure officer for disclosures relating to the entity, publish the disclosure officer’s contact details on the entity’s website and give the contact details to the integrity commissioner (s 11(2)). The integrity commissioner must publish those contact details (s 11(3)).
Duty to forward disclosures to the integrity commissioner: A disclosure officer (other than the integrity commissioner) who is satisfied on reasonable grounds that a disclosure is about disclosable conduct and was made in good faith must give a copy to the integrity commissioner. Where the discloser is not anonymous, the disclosure officer must also give the integrity commissioner the discloser’s name and contact details, and must notify the discloser in writing when the disclosure was given to the integrity commissioner (s 17(1)-(2)).
Duty to investigate or refer: If a disclosure is taken to be a public interest disclosure (s 17A(3)) or the integrity commissioner otherwise becomes aware of a public interest disclosure (s 19(1)), the commissioner must investigate or refer the disclosure. If the public interest disclosure relates to a public sector entity other than a Legislative Assembly entity, the integrity commissioner must investigate it or refer it to the head of a public sector entity, the head of service, the ombudsman or the public sector standards commissioner (s 19(2)). The integrity commissioner must consult an entity before referral (s 19(4)).
Investigating entity investigatory obligations: The investigating entity must investigate and must comply with natural justice and procedural fairness when doing so (s 20(1)). The investigating entity must also end investigations if specific grounds are met (s 20(2)), must refer to the chief police officer where conduct may involve an offence (s 21), and must keep the discloser informed at least every three months about progress and must advise the outcome (s 23).
Heads’ duty to act: If a head of a public sector entity believes on reasonable grounds that disclosable conduct has occurred, is likely to have occurred, or is likely to occur, the entity must take necessary and reasonable action to prevent the conduct continuing or occurring and, where an investigation has been completed, to discipline any person responsible (s 24(1)-(2)).
Reporting and information duties to the integrity commissioner: Investigating entities (other than the integrity commissioner) must keep the integrity commissioner informed about progress and outcomes, referrals to police, action taken or proposed, decisions to end investigation and the reasons (s 25).

Rights and protections

Immunity from liability: A person who makes a public interest disclosure does not commit a breach of confidence, professional etiquette, a rule of professional conduct, or contempt, and does not incur civil or criminal liability only because of making the public interest disclosure. A public official discloser is not liable to administrative action only because of making the public interest disclosure (s 35).
Absolute privilege in defamation proceedings: In proceedings for defamation brought because of a public interest disclosure, the discloser has a defence of absolute privilege (s 36).
Protections for witnesses and compelled witnesses: Persons giving information or producing documents at the request of the investigating entity are not subject to criminal or civil liability for doing so if the information is relevant to the investigation (s 42A). The exception does not affect liability for the person’s own conduct.
Remedies against detrimental action: Detrimental action is defined broadly (s 39). Taking detrimental action because of a public interest disclosure is an offence with penalties and creates civil liability in damages including exemplary damages, and is actionable as a tort (ss 40-41). The Supreme Court can order remedies and grant injunctions on application by the integrity commissioner, the discloser, or a person against whom detrimental action has been or is likely to be taken (s 42).
Right to third-party disclosure in limited circumstances: A person who disclosed disclosable conduct to an authorised recipient, did not disclose anonymously and has not received the notice required within three months may disclose the conduct to a member of the Legislative Assembly or a journalist, and that disclosure is taken to be a public interest disclosure (s 27(1)-(4)). A discloser for a public interest disclosure may also disclose to a member or journalist if specific failures to inform or act occur during an investigation (s 27A).
Loss and limitation of protections: The Act provides that protections may be forfeited where a court finds the discloser gave information known to be false or misleading or the disclosure is vexatious (s 37). The discloser’s own liability for their conduct is preserved (s 38). The Act further allows an investigating entity to withhold information where disclosure would be likely to adversely affect safety or an investigation (s 26).

Procedural rights and obligations are framed around assessment by the integrity commissioner (s 17A(2): the commissioner must be satisfied on reasonable grounds that a disclosure is about disclosable conduct and is in the public interest, and not frivolous or vexatious). The Act also prescribes minimum communication obligations: the integrity commissioner must inform non-anonymous disclosers of the fact of investigation, and investigating entities must provide quarterly progress updates and final outcomes (ss 19A, 23).

The Act establishes criminal offences, civil causes of action and administrative enforcement pathways. Enforcement is layered across police, courts, the integrity commissioner and the Ombudsman.

Criminal offences and penalties

Detrimental action offence (s 40). It is a criminal offence to take detrimental action because of a public interest disclosure. The maximum penalty is 100 penalty units, imprisonment for 1 year, or both. The statutory test is satisfied if detrimental action is taken because the retaliator believes a person has made or intends to make a public interest disclosure or the retaliator’s action was contributed to by that belief (s 40(2)-(3)).
Use or divulgence of protected information (s 44). A person to whom s 44 applies (officials and others exercising functions under the Act) commits offences for recklessly using or divulging protected information about someone else. Maximum penalties are 50 penalty units, imprisonment for 6 months, or both, for either using (s 44(1)) or divulging (s 44(2)) protected information recklessly. Subsections (1) and (2) do not apply where the use or divulging is authorised under the Act or other Territory law, is in relation to the exercise of a function under the Act or other law, or is in a court proceeding (s 44(3)). Consent by the person about whom the information relates also provides an exception (s 44(4)).
The Criminal Code applies to offences against the Act (s 5). The Criminal Code establishes general principles of criminal responsibility, burdens of proof and defences; the Act’s offences are therefore subject to the Code’s provisions.

Civil remedies and injunctive relief

Damages for detrimental action (s 41). A person who takes detrimental action because of a public interest disclosure is liable in damages to anyone who suffers detriment as a result. Detrimental action is a tort, and courts may award any remedy appropriate for a tort, including exemplary damages. The statutory remedy is cumulative and does not affect other rights or remedies.
Injunctions and remedies (s 42). The Supreme Court may order remedies against a person who has taken detrimental action and may grant injunctions to prevent threatened detrimental action. Applications for injunction may be made by the integrity commissioner, the discloser, or a person who is or may be the subject of detrimental action. Interim injunctions are permitted.

Administrative enforcement, oversight and referral

Referral to police (s 21). The investigating entity must refer a public interest disclosure to the chief police officer if it is satisfied on reasonable grounds that the conduct involves, or could involve, an offence.
Integrity commissioner powers (ss 28-31). The integrity commissioner may investigate, review investigatory decisions, amend or set aside decisions, direct public sector entities to take or not take action, and make reports to the Minister for presentation to the Legislative Assembly. The commissioner may request information from any person, including protected information, relevant to investigation and review, and entities must comply (s 29(2)-(3)).
Ombudsman role (s 34). The Ombudsman may receive complaints about how entities have dealt with disclosures and may exercise monitoring and review functions; nothing in the Act limits the Ombudsman’s powers under the Ombudsman Act 1989.

Penalties units and corporate/individual values

The republication note states the value of a penalty unit at the republication date was $160 for an individual and $810 for a corporation. The Legislation Act prescribes penalty unit treatment generally; any calculation of monetary exposure must use the current penalty unit value (Preliminary notes).

Reporting and transparency as enforcement levers

The integrity commissioner must include detailed metrics in the commission annual report about the volume, referrals, investigations, findings, referrals to police, action taken, reviews and prosecutions under the Act (s 45). Those reporting obligations create transparency pressure and provide a mechanism for Parliamentary oversight via presentation to the Assembly (s 30(3)).

Practical enforcement interaction

The Act’s enforcement architecture combines criminal law (for retaliation and unauthorised disclosures), civil remedies (damages and injunctions), administrative review and direction by the integrity commissioner, and Ombudsman complaint handling. Investigating entities are required to refer potential offences to police and to comply with requests from the integrity commissioner. The Act preserves the court’s role in determining forfeiture of protections (s 37) and in adjudicating tort claims (s 41) and injunctions (s 42).

The Act is not standalone; it explicitly cross-references and integrates with several other ACT statutes and general legal principles.

Criminal Code (s 5). The Criminal Code applies to all offences under the Act, so prosecutions for offences such as taking detrimental action (s 40) or unlawfully divulging protected information (s 44) will proceed under the Code’s criminal responsibility framework, evidentiary burdens, and available defences. The Act’s penalty unit references are to the Legislation Act (see preliminary notes).
Integrity Commission Act 2018 (s 26A, s 45 notes). The Act links to the Integrity Commission Act 2018. Disclosures about the integrity commissioner are taken to be complaints to the inspector under the Integrity Commission Act 2018 (s 26A(3)). Reporting obligations under s 45 are directed to the commission annual report concept in the Integrity Commission Act 2018, section 217.
Ombudsman Act 1989 (s 34). The Act expressly preserves and utilises the Ombudsman’s powers. Where heads of entities, head of service or the public sector standards commissioner take actions under the Act, persons may complain to the Ombudsman. The Ombudsman may monitor and review compliance with guidelines and procedures issued by the integrity commissioner and may otherwise exercise statutory functions under the Ombudsman Act 1989 (s 34(5) and heading note).
Public Sector Management Act 1994 and Financial Management Act 1996 (dictionary and s 8(3)). The Act uses signpost definitions that refer to other statutes, for example head of service is defined in the Public Sector Management Act 1994 dictionary, and “public funds” cross-refers to the Financial Management Act 1996. Those definitions are used to determine who is a head, and what funds may be the subject of maladministration under s 8.
Environment Protection Act 1997 (s 8(3)). The Act refers to the Environment Protection Act 1997 for the meaning of “environment” in the context of disclosable conduct involving substantial and specific danger to the environment.
Court processes and civil law. The Act creates tortious liability for detrimental action (s 41) and preserves the courts’ jurisdiction to award damages and to grant injunctions (s 42). It also creates a specific forfeiture mechanism that requires a court finding before protection is lost (s 37).
Territory law exceptions for protected information (s 44(3)). The offences for misuse or divulgence of protected information do not apply where the use or disclosure is authorised under this Act or another Territory law, or in a court proceeding. That creates an explicit intersection for lawful disclosure obligations under other statutes or in judicial processes.
Regulation-making and prescribed entities (s 9(1)(c), s 10(b)). The Act contemplates that regulations may prescribe additional public sector entities and public officials. Subsection 9(2) and the regulation commencement mechanics embed the Legislation Act’s disallowance and commencement rules.
Administrative action and disciplinary regimes (s 35(c), s 38). The Act alters administrative exposure by providing that public official disclosers are not liable to administrative action only because of making a public interest disclosure (s 35(c)), but preserves liability for their own conduct (s 38). This interacts with employment law and disciplinary frameworks administered under public sector statutes and enterprise agreements.

Mechanically, the Act positions the integrity commissioner as a hub that both uses and feeds into other statutory systems, including police referral, Ombudsman review, and inspector functions under the Integrity Commission Act. The Act’s cross-references to the Legislation Act, Criminal Code and other administrative statutes anchor its procedural and sanctioning elements into the broader statutory architecture, and the Act reserves the ability for regulation to expand or clarify which bodies and persons are covered.

The Act’s republication contains a documented amendment history and a chronology of primary amending Acts. The endnotes summarise the legislative amendments and their effects on specific provisions. The principal amendments set out in the endnotes are the following.

Initial enactment and commencement. The Public Interest Disclosure Act 2012 (A2012-43) was notified to the legislation register and parts commenced on 1 February 2013 and 5 September 2013 as specified in the Act’s history (endnote 3).
Officers of the Assembly Legislation Amendment Act 2013 (A2013-41). This amending Act modified the definition of head of a public sector entity and the Legislative Assembly entity definition among other adjustments (endnotes 3 and 4; dictionary amendments recorded).
Annual Reports (Government Agencies) Amendment Act 2015 (A2015-16). Inserted and amended reporting-related provisions; s 45 (annual reporting by the integrity commissioner) was amended and later reinserted by subsequent amendment (endnote 4).
Public Sector Management Amendment Act 2016 (A2016-52). Amended definitions in the dictionary including ACTPS entity and commissioner references, and made other consequential amendments (endnote 3 and 4).
Integrity Commission Act 2018 (A2018-52) and Integrity Commission Amendment Act 2019 (A2019-18). These Acts reworked references to the integrity commissioner and made consequential changes to disclosure officer definitions and the interface with integrity commission functions; parts of the Integrity Commission Act commenced on different dates as recorded in the legislation history (endnote 3).
Public Interest Disclosure Amendment Act 2020 (A2020-46). This is a substantial, recent package of amendments and insertions, many of which came into force on 4 March 2021. The amendment history records numerous changes introduced by A2020-46. Key structural changes inserted or amended by A2020-46 include:
- Reworking Part headings and recasting Pt 3 (Disclosing disclosable conduct) and Pt 4 (Dealing with a public interest disclosure) (A2020-46 ss 11-13).
- Insertion of s 17A (When disclosure given to the integrity commissioner is a public interest disclosure) and s 17B (notice where disclosure is not a public interest disclosure) (A2020-46 s 11).
- Insertion of s 19A requiring notice about investigation to non-anonymous disclosers and extensive amendment of s 19 and related investigatory provisions (A2020-46 s 13).
- Changes to obligations to keep people informed and to the scope of limitations on those obligations (ss 23, 25, 26; A2020-46 ss 14, 17, 23-25).
- Insertion of s 26A (disclosable conduct about the integrity commissioner) creating a referral path to the inspector under the Integrity Commission Act 2018 (A2020-46 s 26).
- Redrafting of Part 6 oversight provisions and insertion or amendment of ss 28-34 to expand the integrity commissioner’s functions, review powers, guideline and procedural obligations and the Ombudsman role (A2020-46 ss 28-44).
- Amendments to protections and offences, including s 35-44 and insertion of s 42A (Protection of witnesses) (A2020-46 ss 45-57).
- Reworking reporting obligations and annual report metrics (s 45) and insertion of a statutory review requirement (s 48) (A2020-46 ss 58, 60).
The endnotes detail precise section-level insertions, substitutions and repeals. For example, s 17A was inserted by A2020-46 s 11; s 17B was also inserted by A2020-46 s 11; s 19A was inserted by A2020-46 s 13; s 26A was inserted by A2020-46 s 26; s 27A was inserted by A2020-46 s 27; ss 28-33 were substantially amended or inserted by A2020-46 ss 28-44; s 42A was inserted by A2020-46 s 52 and s 43 was amended by A2020-46 ss 53-54 (see endnote 4 for a full section-by-section list).
Transitional and expiry provisions. Earlier versions contained transitional provisions and expiry of Pt 20 and other transitional mechanics; the amendment history notes expiries of those transitional provisions (endnote 4).
Dictionary amendments. The dictionary has been amended across the life of the Act, with multiple redefinitions and signpost adjustments recorded in the endnotes (endnote 4).

The endnotes provide the authoritative mapping between amending instruments and affected provisions; practitioners should consult the endnote tables when tracing the temporal or consequential effect of amendments. The Act’s republication date is 4 March 2021; the endnotes list the last amending Act as A2020-46 and earlier amendments as described. For point-in-time historical analysis, consult the ACT legislation register and the specific amending Acts indicated in the legislative history (endnote 3).

The text of the Act and the republication endnotes do not record judicial decisions or case law applying the Act. The Act itself prescribes the remedies, jurisdictional routes and procedural rules that will govern litigation arising under it.

Courts and remedies. The Act creates causes of action and remedial powers that will be litigated in the ordinary courts. Damages for detrimental action are recoverable in a court of competent jurisdiction (s 41), and the Supreme Court may grant injunctions and orders to remedy detrimental action (s 42). The courts also play a role in determining forfeiture of protections where a court finds that a discloser gave information known to be false or that the disclosure is vexatious (s 37).
Criminal prosecutions. Offences under the Act, such as taking detrimental action because of a public interest disclosure (s 40) and unauthorised use or divulgence of protected information (s 44), will be prosecuted under the Criminal Code framework that applies to offences against the Act (s 5). That means criminal prosecutions will be subject to the Code’s elements, mental fault requirements and defences.
Interaction with administrative review. The integrity commissioner may review investigatory decisions (s 29) and may direct entities to take or not take action (s 29(4)-(5)). Aggrieved persons may make complaints to the Ombudsman about how the entity handled a disclosure (s 34). Litigation involving the adequacy of investigative procedures or the exercise of integrity commissioner directions may therefore involve administrative law principles and potentially judicial review, depending on the nature of the decision.
No cases cited in the Act. The statute and its endnotes do not list or name decisions; the Act provides the pathways through which litigation may occur but does not catalogue cases.

For practitioners preparing for litigation under the Act, the statutory language identifies the legal instruments and forums likely to be used: civil proceedings in courts for damages and injunctions (ss 41-42), criminal prosecutions under the Criminal Code for offences (s 40, s 44), and administrative review mechanisms through the integrity commissioner (s 29) and the Ombudsman (s 34). Because the Act preserves obligations of confidentiality and contains offences for improper disclosure of protected information (s 44), litigation strategy must consider both criminal exposure for misuse of materials and the statutory immunities for disclosers (s 35). Absent case law in the Act text, practitioners must search judicial databases and secondary sources for any reported decisions that interpret the Act.

The Act contains precise thresholds, procedural triggers and exceptions that can produce unintended consequences if misread. The following are hazards and frequently overlooked operational points, grounded in the statutory text.

Public interest disclosure is a legal status, not a self-description. The protections in Part 7 apply only when a disclosure is "taken to be" a public interest disclosure under s 17A(3) or s 27(4). A person cannot unilaterally declare a disclosure a protected public interest disclosure unless the statutory tests are met. The integrity commissioner must be satisfied on reasonable grounds that the disclosure is about disclosable conduct, is in the public interest, and is not frivolous or vexatious (s 17A(2)). If those elements are not met, the protections do not attach, and the integrity commissioner must notify the relevant people in writing (s 17B).
Disclosable conduct excludes personal work-related grievances and matters of budget policy. Section 8(2) expressly excludes disclosures that relate to personal work-related grievances of the discloser and excludes actions that give effect to Territory policy about amounts, purposes or priorities of public expenditure. Practitioners representing employees must therefore consider whether an issue is a personal workplace complaint rather than disclosable conduct.
Anonymity limits investigability. The Act allows anonymous disclosures (s 16(1)(c)), but an investigating entity may end an investigation if the disclosure was made anonymously and the entity is reasonably satisfied that anonymity makes investigation impracticable (s 20(2)(b)). Similarly, obligations to provide progress information are not owed to anonymous disclosers (s 23(2)(a)). Entities must balance anonymity protections with the practical requirements of effective investigation.
Tight procedural timelines and triggers for third-party disclosures. A person who disclosed disclosable conduct to an authorised recipient, and who has not received the requisite notice within three months, may disclose to a member of the Legislative Assembly or a journalist (s 27). The three-month clock is a firm statutory trigger; miscalculating it may mean premature public disclosure or missed opportunity to escalate. Similarly, ss 27A contain conditions under which a discloser for a public interest disclosure may disclose if progress communication lapses for more than three months or where investigation finds clear evidence but no action will be taken.
Loss of protection requires a court finding. Protections may be forfeited only where a court is satisfied the discloser gave information they knew was false or misleading or that the disclosure is vexatious (s 37). The Act contemplates that courts may, in exceptional circumstances, decline to apply forfeiture if the conduct was minor and not materially prejudicial.
Use, divulgence and handling of protected information carries criminal risk for officials. Section 44 makes it an offence for officials to recklessly use or divulge protected information about someone else, subject to exceptions. Officials handling investigatory material must be aware of the authorised purposes under the Act and the need for consent or lawful authority to disclose.
Integrity commissioner’s discretionary assessment uses "reasonable grounds". The statutory test for the integrity commissioner to declare a disclosure a public interest disclosure is that the commissioner is satisfied on reasonable grounds of three elements (s 17A(2)). That is not an absolute standard and creates a degree of exercise-of-discretion risk; entities and disclosers may be uncertain whether the commissioner will reach that view.
Investigating entity may end investigations on multiple grounds. Section 20(2) lists a range of grounds for ending an investigation, including withdrawal by the discloser, impracticability where anonymous, failure of a non-anonymous discloser to assist when requested, material falsity of the information, age of the information, or existence of a more appropriate way to deal with the conduct. Each ground is fact-sensitive and can be a litigation flashpoint.
Obligations to inform are subject to safety and investigation protections. Sections 23 and 26 create duties to keep disclosers informed but allow withholding information where disclosure would be likely to adversely affect safety or an investigation (s 26(1)). Entities must properly document reasons for withholding information to avoid Ombudsman complaints or integrity commissioner review.
Head-of-entity and disclosure officer obligations create administrative tasks and reputational risk. Heads must nominate disclosure officers and publish contact details (s 11(2)), and entities must comply with reporting obligations to the integrity commissioner (s 25) and with integrity commissioner procedures (s 33). Failure to comply may attract Ombudsman complaints (s 34) and integrity commissioner direction or criticism (ss 28-31).
Potential overlap with other grievance channels. Because personal workplace grievances are excluded from disclosable conduct (s 8(2)(a)), employees might attempt to use the Act for matters better suited to internal HR or enterprise bargaining procedures. Practitioners must consider the right channel and the statutory step that requires specified categories of recipients before a disclosure becomes formal for the Act’s purposes (ss 15-17).

In short, the "gotchas" turn on thresholds, timing, anonymity, proper recipient choice, and the division of discretion between disclosure officers, investigating entities and the integrity commissioner. Operational compliance requires careful adherence to the statutory steps to ensure protections attach and to avoid criminal or civil exposure for mishandling protected information.

This section sets out concrete steps and practical measures public sector entities, heads, disclosure officers and individual public officials should adopt to align with the Act’s requirements and minimise legal and operational risk. All citations given are to the Act.

For public sector entities and heads

Nominate and publish disclosure officers (s 11(2)-(3)):
- Nominate at least one disclosure officer and publish the officer’s contact details on the entity’s website. Provide those details to the integrity commissioner, who must publish them (s 11(2)-(3)). Maintain contact detail accuracy and a published point-of-contact to reduce procedural misdirects.
Develop and adopt procedures aligned with integrity commissioner requirements (s 33):
- Implement public interest disclosure procedures that meet the integrity commissioner’s procedural expectations. The commissioner’s procedures must include obligations on entities to protect disclosers and risk management steps to assess and minimise detrimental action and detriment to people who are the subject of allegations (s 33(2)). Entities should monitor the integrity commissioner’s published procedures and update internal processes accordingly.
Training and education (s 28(1)(e)):
- Run education and training programs about disclosures in coordination with the integrity commissioner to ensure staff know how to receive disclosures, when to refer to disclosure officers, and how to handle protected information. The integrity commissioner has a function to undertake or coordinate such programs (s 28(1)(e)).
Recordkeeping and prompt forwarding (ss 16(2), 17(2)):
- Make written records of oral disclosures and treat those written records as disclosures (s 16(2)). If an authorised recipient other than a disclosure officer or the integrity commissioner receives a disclosure (for example, a Minister or a supervisor), they must give a copy of the disclosure to a disclosure officer as soon as possible after receiving it (s 15(2)).
Cooperate with investigating entities and the integrity commissioner (ss 19(4)-(5), 25):
- When referred a disclosure, the entity must accept and investigate it, or act on a referral from the integrity commissioner. Comply with obligations to keep the integrity commissioner informed about progress, outcomes, referrals to police, actions proposed or taken, and reasons for decisions to end an investigation (s 25(1)).
Take necessary and reasonable action where disclosable conduct is believed to have occurred (s 24):
- Where the head believes on reasonable grounds that disclosable conduct has occurred or is likely to occur, implement actions to prevent recurrence and, following a completed investigation, discipline those responsible as appropriate (s 24(1)-(2)). Notify the integrity commissioner and the discloser about actions taken or proposed unless the discloser is anonymous or has asked not to be informed (s 24(2)).
Information security and handling of protected information (s 44):
- Implement strict controls for protected information, because unauthorised use or divulgence is a criminal offence for persons to whom s 44 applies. Ensure staff understand exceptions under s 44(3) and s 44(4) and that access and disclosure protocols are documented and limited to authorised purposes.

For disclosure officers and receiving officials

Assessment obligations and forwarding to the integrity commissioner (s 17):
- If satisfied on reasonable grounds that a disclosure is about disclosable conduct and disclosed in good faith (s 17(1)(b)), give a copy to the integrity commissioner and, where the discloser is not anonymous, provide the discloser’s contact details and notify the discloser in writing that the disclosure was given to the integrity commissioner (s 17(2)).
Written records for oral disclosures (s 16(2)):
- Create contemporaneous written records of oral disclosures and treat those records as formal disclosures. Ensure a secure and auditable record trail.
Handling anonymity and requests not to be informed (ss 16(1)(c), 23(2)):
- Respect requests for anonymity and requests not to be kept informed, while advising disclosers of the limits anonymity may place on investigation effectiveness. Where a discloser is anonymous, be prepared to document reasons why an investigation may be impracticable (s 20(2)(b)).

For investigating entities

Observe natural justice and procedural fairness (s 20(1)):
- Apply rules of natural justice throughout the investigation. Where allegations concern named individuals, ensure they are given a fair opportunity to respond consistent with s 20(1).
Be ready to end investigations on prescribed grounds and document reasons (s 20(2)):
- If ending an investigation under s 20(2), record the precise ground and reasons. Section 23 requires the investigating entity to tell the discloser the ground and reasons if the investigation is ended.
Refer potential criminal conduct to police (s 21):
- If satisfied on reasonable grounds that disclosed conduct involves or could involve an offence, promptly refer the matter to the chief police officer and coordinate with police regarding what information can be disclosed to the discloser (s 21, s 23(3)).
Regular communications with discloser (s 23):
- Provide written progress updates at least once every three months and a written outcome at the conclusion of investigation, unless the discloser is anonymous or has asked not to be kept informed (s 23(1)-(2)).

For disclosers and witnesses

Choose the right recipient (ss 15-17):
- Disclose to a disclosure officer, a Minister, or, if you are a public official, to specified supervisors or public officials under s 15(1). Understand that disclosures to persons listed in s 15(1)(b) or (c) must be forwarded to a disclosure officer (s 15(2)). If you want the protections in Part 7, be aware of the requirements for a disclosure to be taken to be a public interest disclosure under s 17A or s 27.
Consider anonymity and cooperation (s 16(1)(c), s 20(2)(c)):
- You may disclose anonymously, but anonymity can make it impracticable to investigate. If asked to assist by the investigating entity and you are non-anonymous, provide assistance unless you have a reasonable excuse, because failure to assist may lead to ending of the investigation (s 20(2)(c)).
Limit public disclosure to what is reasonably necessary (ss 27(3), 27A(2)):
- If conditions for third-party disclosure to a member of the Legislative Assembly or to a journalist are met (ss 27, 27A), disclose only information reasonably necessary to show that the conduct is disclosable conduct. Be mindful that such third-party disclosure is taken to be a public interest disclosure (s 27(4)) and may have legal consequences.

For all officials handling protected information

Understand the protected information offence and exceptions (s 44):
- Do not use or divulge protected information recklessly. Exceptions apply where disclosure is authorised under the Act or another Territory law, is in relation to exercising a function under the Act or another law, or is for court proceedings, or where consent is given (s 44(3)-(4)). Document lawful bases for disclosure.
Act honestly and without recklessness for statutory immunity (s 43):
- Officials acting honestly and without recklessness in exercising functions under the Act are not civilly liable; where liability would otherwise arise it attaches to the Territory (s 43). Ensure decision-making processes, delegation and recordkeeping evidence honesty and non-reckless judgement.

Documentation and audit readiness

Maintain audit trails: record receipt, assessment, forwarding steps, notices to disclosers, investigation progress updates, outcomes and actions taken by heads. The integrity commissioner, Ombudsman or courts may request records.
Align internal policies with integrity commissioner guidance: proactively review the integrity commissioner’s guidelines (s 32) and procedures (s 33) and update internal manuals accordingly.
Prepare for reporting: the integrity commissioner’s annual report requires detailed metrics on disclosures, referrals, investigations and prosecutions (s 45). Entities should capture data in a way that enables timely reporting.

In short, compliance is a mix of structural set-up (nominated disclosure officers, published contacts), process discipline (recording, forwarding, notification and investigation), training, secure handling of protected information, and coherence with the integrity commissioner’s guidelines and procedures. Clear roles, timely communication and documented decision-making are the practical safeguards against the Act’s criminal and civil exposure points.

Public Interest Disclosure Act 2012

Plain English Summary

Deep Dive

What it does

Current sections

Public Interest Disclosure Act 2012

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply