59Information to be provided to disclosers

#### 59 Information to be provided to disclosers 59 Information to be provided to disclosers > > (1) An agency that is dealing with a voluntary public interest disclosure must ensure the maker of the disclosure has access to the agency’s public interest disclosure policy by— > > > > > (a) giving the maker a copy of the policy, or > > > > > (b) directing the maker to the page of the agency’s public website or intranet, as applicable, on which the policy is published, or > > > > > (c) otherwise giving the maker directions for accessing a copy of the policy. > > > (2) An agency that is dealing with a voluntary public interest disclosure must inform the maker of the disclosure of each of the following matters as soon as reasonably practicable after the matter becomes applicable— > > > > > (a) the fact this Division applies to the agency’s action in dealing with the disclosure, > > > > > (b) how the agency is dealing with, or proposes to deal with, the disclosure, > > > > > (c) if the agency makes a decision mentioned in section 55(3) in relation to the disclosure—the agency’s reasons for the decision, > > > > > (d) if the agency refers the disclosure—details of the referral, > > > > > (e) if the agency investigates the relevant serious wrongdoing—updates on the progress of the investigation, > > > > > (f) if the agency completes an investigation of the relevant serious wrongdoing— > > > > > > > (i) a description of the results of the investigation, and > > > > > > > (ii) details of corrective action taken, proposed or recommended, > > > > > (g) other matters required to be communicated to the maker of the disclosure under this Act or the agency’s public interest disclosure policy. > > > (3) An agency is to provide updates on the progress of an investigation at intervals of not more than 3 months throughout the duration of the investigation. > > > (4) An agency that ceases to deal with a disclosure as a voluntary public interest disclosure under section 49(2) must, if the disclosure is a purported public interest disclosure, inform the maker of the disclosure of the agency’s reasons for the decision. > > > (5) Subsections (1)–(4) do not apply— > > > > > (a) to an anonymous disclosure, or > > > > > (b) to the extent that the maker of a disclosure waives, in writing, the right to receive information under this section. > > > > 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. > > > (6) The following prevail over subsection (2) to the extent of an inconsistency— > > > > > (a) the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152), section 38, > > > > > (b) the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 425.