Australian Capital Territory Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 1994 - SECT 17

    (1)     A proper authority may decline to act on a public interest disclosure received by it if it considers—

        (a)     that the disclosure is frivolous or vexatious; or

        (b)     that the disclosure is misconceived or lacking in substance; or

        (c)     that the disclosure is trivial; or

        (d)     that there is a more appropriate method of dealing with the disclosure reasonably available; or

        (e)     that the disclosure has already been dealt with adequately.

    (2)     If an issue raised in a public interest disclosure has been determined by a court or tribunal authorised to determine the issue at law after consideration of the matters raised by the disclosure, the proper authority shall decline to act on the disclosure to the extent that the disclosure attempts to reopen the issue.

    (3)     If a public interest disclosure was referred to the proper authority by the ombudsman or the auditor-general, the proper authority shall not decline to act on the disclosure under this section unless the ombudsman or the auditor-general is satisfied that the proper authority has adequate grounds under this section to make that decision.