29Deemed voluntary public interest disclosures

#### 29 Deemed voluntary public interest disclosures 29 Deemed voluntary public interest disclosures > > (1) The head of an agency may determine a disclosure made by another person is a voluntary public interest disclosure even if the disclosure would not otherwise be a voluntary public interest disclosure. > > > (2) The determination— > > > > > (a) may be made at the head of the agency’s own initiative or at the request of the maker of the disclosure, and > > > > > (b) must be given in writing to the maker of the disclosure, and > > > > > (c) must not be made unless the head of the agency believes the disclosure shows or tends to show serious wrongdoing. > > > (3) The head of the agency’s belief must be held honestly and on reasonable grounds. > > > (4) However, the fact the head of the agency’s belief is not held honestly or on reasonable grounds does not affect the validity of the determination. > > > (5) The written determination is admissible in criminal or civil proceedings and is evidence the disclosure is a voluntary public interest disclosure. > > > (6) The determination has effect from the time it is made. > > > (7) If a person who has made a disclosure requests a head of an agency make a determination in relation to the disclosure, the head of the agency must, after considering the request— > > > > > (a) make the determination and inform the person of the determination, or > > > > > (b) refuse to make the determination and inform the person of the refusal and the reasons for the refusal. > > > > Note. > > > > Members of the public who make disclosures about serious wrongdoing to integrity agencies may be entitled to protections under other Acts. See also the following— > > > > > (a) the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), Part 8A, > > > > > (b) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), Part 4B, > > > > > (c) the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), Part 6A. > > > (8) If the head of the agency, after making a determination, forms the view the maker of the disclosure, in making the disclosure, wilfully made a false statement to, or misled or attempted to mislead, the agency or person to whom the disclosure was made, the head of the agency may revoke the determination. > > > (9) The revocation has effect from the time the determination was made. > > > (10) If an agency refers a disclosure that is the subject of a determination to another agency under this Act or another Act or law, the referring agency is to inform the other agency of the making of the determination.