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, Part 8A,

(b) the Ombudsman Act 1974, Part 4B,

(c) the Law Enforcement Conduct Commission Act 2016, Part 6A.