43Allocation of disclosure—decision by authorised officer

43 Allocation of disclosure—decision by authorised officer

Scope—disclosers (1) This section applies in relation to a person (the discloser) if: (a) the discloser discloses information to an authorised officer of an agency (the recipient agency); or (b) the discloser discloses information to the discloser’s supervisor, who then gives the information to an authorised officer of an agency (also the recipient agency) under subsection 60A(3). Scope—decisions and previous decisions (2) This section applies in relation to a decision about the allocation of a disclosure if: (a) a decision has not yet been made about the allocation; or (b) in a case in which the disclosure had already been allocated—a decision is made under section 45 to reallocate the disclosure to one or more agencies (which may include an agency to which the disclosure had formerly been allocated).

Example: One situation in which a disclosure may be reallocated under section 45 is in response to a recommendation by the Ombudsman or the IGIS under section 55.

Allocation (3) An authorised officer of the recipient agency must: (a) allocate the disclosure to one or more agencies (which may or may not be the recipient agency); or (b) if subsection (4) applies—decide not to allocate the disclosure to any agency.

Note 1: The authorised officer who allocates a disclosure need not be the authorised officer to whom the disclosure was made or given.

Note 2: If the disclosure is subject to a stop action direction under the NACC Act, it cannot be allocated under this section (see subsections (11) and (12)).

(4) This subsection applies if the authorised officer is satisfied on reasonable grounds that: (a) there is no reasonable basis on which the disclosure could be considered an internal disclosure (see section 26); or (b) the conduct disclosed would be more appropriately investigated under another law or power. (4A) However, the authorised officer cannot be satisfied under paragraph (4)(b) that the conduct disclosed would be more appropriately investigated under another law or power only because the conduct disclosed raises a corruption issue.

Note: Disclosures that raise a corruption issue can continue to be handled in accordance with this Part, subject to a stop action direction under the NACC Act. See section 39 (effect of referral on continued actions) of the National Anti‑Corruption Commission Act 2022.

(4B) To avoid doubt, if a disclosure includes information that tends to show (or that may tend to show) disclosable conduct, there might be a reasonable basis on which the disclosure could be considered to be an internal disclosure even if: (a) the disclosure includes other information; and (b) the other information tends to show (or may tend to show) personal work‑related conduct.