7Simplified outline of this Act

7 Simplified outline of this Act

General

This Act provides a framework for current and former public officials to disclose allegations of misconduct (“disclosable conduct”) in the Commonwealth public sector.

Agencies are required to investigate disclosures of potential disclosable conduct.

Protection from reprisals is provided for current and former public officials making disclosures, and persons providing assistance in disclosure investigations and reviews.

What is a public interest disclosure?

A public interest disclosure is a disclosure of information relating to disclosable conduct alleged to have occurred within a Commonwealth agency (for relevant agencies, see sections 71 and 72).

There are 5 kinds of public interest disclosure (see section 26), which are as follows:

(a) an internal disclosure (disclosed within an agency);

(b) an external disclosure (disclosed outside Government);

(c) an emergency disclosure;

(d) a legal practitioner disclosure;

(e) a NACC disclosure.

What is disclosable conduct?

Disclosable conduct, broadly speaking, includes conduct that:

(a) is illegal or corrupt; or

(b) results in a wastage of money or property; or

(c) results in unreasonable danger or risk to health and safety; or

(d) results in danger, or an increased risk of danger, to the environment.

See section 29 for more detail relating to disclosable conduct.

Personal work‑related conduct (for example, bullying or harassment) is not generally disclosable conduct. However, personal work‑related conduct may be treated as disclosable conduct in some circumstances. See subsection 29(2A) and section 29A for more detail relating to personal work‑related conduct.

Investigation of internal disclosures

Generally, this Act provides for a disclosure of disclosable conduct to be first investigated internally, as an internal disclosure.

Internal disclosures may be made by public officials (and former public officials) to supervisors and authorised officers of Commonwealth agencies, including, in appropriate cases, an authorised officer of the Ombudsman and the IGIS.

Part 3 deals with the allocation of the handling of internal disclosures to appropriate agencies, and their investigation by the principal officers of those agencies. Investigative agencies may instead use their own investigative powers to investigate disclosures.

If an authorised officer or principal officer of an agency considers that the conduct disclosed would be more appropriately investigated under another law or power, the officer must take reasonable steps to refer the conduct, or to facilitate its referral, for investigation under the other law or power.