PUBLIC INTEREST DISCLOSURE ACT 2012 - SECT 8 Meaning of disclosable conduct
PUBLIC INTEREST DISCLOSURE ACT 2012 - SECT 8
Meaning of disclosable conduct(1) For this Act, "disclosable conduct" means an action or a policy, practice or procedure of a public sector entity, or public official for a public sector entity, that—
(a) is maladministration; or
(b) results in a substantial and specific danger to public health or safety, or the environment.
(2) However, "disclosable conduct" does not include an action or a policy practice or procedure of a public sector entity, or a public official for a public sector entity, that—
(a) relates to a personal work-related grievance of the person disclosing the conduct; or
(b) is to give effect to a policy of the Territory about amounts, purposes or priorities of public expenditure.
Examples—par (a)
1 an interpersonal conflict between the person and another employee
2 a decision not to approve the person's leave application
3 a decision relating to the employment, transfer or promotion of the person
4 a decision relating to the terms and conditions of employment of the person
5 a decision to suspend or terminate the employment of the person, or to discipline the person
(3) In this section:
"environment"—see the Environment Protection Act 1997
, dictionary.
"maladministration" means conduct or a policy, practice or procedure that—
(a) results in a substantial mismanagement of public resources or public funds; or
(b) involves substantial mismanagement in the performance of official functions.
public funds means funds available to, or under the control of, a public sector entity including public and trust money within the meaning of the Financial Management Act 1996
.
"public health or safety" includes the health or safety of people—
(a) under lawful care or control; or
(b) using community facilities or services provided by the private sector or public sector; or
(c) in workplaces.
Examples—par (a)
1 students under the care or control of a teacher
2 patients in a health facility
3 detainees in a correctional facility