33Determination by public body of disclosure as public interest disclosure

33 Determination by public body of disclosure as public interest disclosure

(1)  If a person makes a disclosure to a public body in accordance with Part 2 , the public body must, within 45 days after receiving the disclosure, determine whether the disclosure is a public interest disclosure.

(2)  In making a determination under subsection (1) , the public body must be satisfied that the disclosure shows or tends to show that the public officer to whom the disclosure relates –

(a) has engaged, is engaging or proposes to engage in improper conduct in his or her capacity as a public officer; or

(b) has taken, is taking or proposes to take detrimental action in contravention of section 19 .

(3)  [Section 33 Subsection (3) omitted by No. 1 of 2016, Sched. 1, Applied:08 Apr 2016] .  .  .  .  .  .  .  .  

(4)  [Section 33 Subsection (4) inserted by No. 68 of 2009, s. 18, Applied:01 Oct 2010] This section does not apply to a disclosure that has been referred to the Integrity Commission under Part 4A and that the Integrity Commission has decided to deal with under the Integrity Commission Act 2009 .