Australian Capital Territory Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 1994 - SECT 4

    (1)     For this Act, conduct is to be taken to be disclosable if—

        (a)     it is of a type referred to in subsection (2); and

        (b)     it could constitute—

              (i)     a criminal offence; or

              (ii)     a disciplinary offence; or

              (iii)     reasonable grounds for dismissing or dispensing with, or otherwise terminating, the services of a public official who is engaged in it.

    (2)     Subsection (1) (a) applies to the following types of conduct:

        (a)     conduct of a person (whether or not a public official) that adversely affects, or could adversely affect, either directly or indirectly, the honest or impartial performance of official functions by a public official or government agency; or

        (b)     conduct of a public official that amounts to the exercise of any of his or her official functions dishonestly or with partiality; or

        (c)     conduct of a public official, a former public official or a government agency that amounts to a breach of public trust; or

        (d)     conduct of a public official, a former public official or a government agency that amounts to the misuse of information or material acquired in the course of the exercise of official functions (whether for the benefit of that person or agency or otherwise); or

        (e)     a conspiracy or attempt to engage in conduct referred to in paragraphs (a) to (d).

    (3)     In this section:

"criminal offence" means an offence against a law in force in the ACT.

"disciplinary offence" means conduct that constitutes grounds for disciplinary action under a law in force in the ACT.