28Voluntary public interest disclosures to members of Parliament or journalists

#### 28 Voluntary public interest disclosures to members of Parliament or journalists 28 Voluntary public interest disclosures to members of Parliament or journalists > > (1) A disclosure made to a member of Parliament or a journalist is a voluntary public interest disclosure only if, in addition to complying with sections 25–27— > > > > > (a) the disclosure is substantially true, and > > > > > (b) the maker of the disclosure has previously made substantially the same voluntary public interest disclosure (the previous disclosure) to a person mentioned in section 27(1)(a)–(d), and > > > > > (c) the previous disclosure was not anonymous, and > > > > > (d) the maker of the previous disclosure did not waive, in writing, the right to receive information under section 59 in relation to the previous disclosure, and > > > > > (e) either— > > > > > > > (i) the maker of the previous disclosure has not, at the end of the investigation period, received from an agency the required information in relation to the previous disclosure, or > > > > > > > (ii) the maker of the previous disclosure has been notified by an agency, at any time, that the agency has made a decision mentioned in section 55(3) in relation to the previous disclosure. > > > > Note. > > > > The Dictionary in Schedule 2 defines anonymous, in relation to a disclosure, to mean that, taking into account the circumstances of the disclosure and the material accompanying the disclosure, there is no reasonably practicable means of communicating with the maker of the disclosure about the disclosure, whether or not the maker’s name is known. > > > (2) In this section— > > > > investigation period, in relation to a previous disclosure, means— > > > > > (a) the period of 6 months from the making of the previous disclosure, or > > > > > (b) if the maker of the previous disclosure applies within 6 months of making the previous disclosure for internal review of an agency decision relating to the previous disclosure—the period of 12 months from the making of the previous disclosure. > > > > member of Parliament does not include a Minister. > > > > required information, in relation to a previous disclosure, means— > > > > > (a) notice of the agency’s decision to investigate the relevant serious wrongdoing in accordance with Part 5, Division 2, and > > > > > (b) a description of the results of the investigation of the relevant serious wrongdoing, and > > > > > (c) details of the corrective action taken, proposed or recommended as a result of the previous disclosure or the investigation. > > > > Note. > > > > Section 59 specifies information agencies must provide to the makers of voluntary public interest disclosures. Section 60 provides for the internal review of certain agency decisions.