55Voluntary public interest disclosures relating to agency

#### 55 Voluntary public interest disclosures relating to agency 55 Voluntary public interest disclosures relating to agency > > (1) An agency that receives a voluntary public interest disclosure relating to the agency must decide how to deal with the disclosure. > > > (2) Without limiting subsection (1), an agency may decide to deal with the disclosure in 1 or more of the following ways— > > > > > (a) by investigating the relevant serious wrongdoing— > > > > > > > (i) in accordance with an applicable Act, law, procedure or policy, or > > > > > > > (ii) by conducting an audit, inquiry or assessment or by taking other action of an investigative nature, whether on a preliminary or formal basis, > > > > > (b) by referring the disclosure to an integrity agency, > > > > > (c) by referring the disclosure to a person or body that is authorised by another Act or law to investigate the relevant serious wrongdoing, > > > > > (d) if the agency has made an applicable arrangement with another agency under section 81(2)—by referring the disclosure to the other agency, > > > > > (e) if the disclosure relates to more than 1 agency—by referring the disclosure to another agency to which the disclosure relates. > > > > Note. > > > > An agency may also be required to refer or report the disclosure to an integrity agency under another Act. See for example the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), section 11. > > > (3) If the agency makes 1 of the following decisions in relation to the disclosure, the agency must, as soon as reasonably practicable, provide the Ombudsman with written reasons explaining the decision— > > > > > (a) a decision neither to investigate the relevant serious wrongdoing nor to refer the disclosure, > > > > > (b) a decision to cease investigating the relevant serious wrongdoing without either completing the investigation or referring the disclosure. > > > > Note. > > > > The agency must also provide reasons to the maker of the disclosure under section 59. The maker may apply for internal review under section 60. > > > (4) To avoid doubt, an investigation is not incomplete merely because the investigation does not result in a conclusion as to whether or to what extent serious wrongdoing occurred.