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
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
Section 1 - Public Interest Disclosure Act 2012 - Public Interest Disclosure Act 2012 | Zoe
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