29Disclosure determined not to be a public interest complaint—advice to person who made disclosure

29 Disclosure determined not to be a public interest complaint—advice to person who made disclosure

(1) Subject to subsection (3), if the IBAC determines that a disclosure is not a public interest complaint, the IBAC must advise the person who made the disclosure that—

(a) the IBAC has determined that the disclosure is not a public interest complaint; and

(b) as a consequence of that determination—

(i) the disclosure will not be investigated as a public interest complaint; and

(ii) the confidentiality provisions under Part 7 of this Act no longer apply in relation to the disclosure; but

(c) the protections under Part 6 apply to the disclosure.

(2) The advice must—

(a) be in writing; and

(b) state the reasons why the IBAC has determined that the disclosure is not a public interest complaint; and

(c) be given within a reasonable time after the determination is made.

(3) If the disclosure was made by a person to the IBAC, the IBAC is not required to advise the person under subsection (1) unless the person has indicated to the IBAC, or it otherwise appears to the IBAC, that the person wishes to receive the protections that apply to a public interest disclosure under this Act.

S. 30 substituted by No. 2/2019 s. 9.