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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