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, 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.