PUBLIC INTEREST DISCLOSURE ACT 2013
Table of Provisions
PART 1--INTRODUCTION
Division 1--Preliminary matters
- 1 Short title
- 2 Commencement
- 3 Crown to be bound
- 4 Extension to external Territories
- 5 Extension to things outside Australia
Division 2--Objects
- 6 Objects
Division 3--Overview
- 7 Simplified outline of this Act
- 7A Role of the Ombudsman under the Ombudsman Act 1976
- 7B Role of the IGIS under the Inspector - General of Intelligence and Security Act 1986
Division 4--Definitions
PART 2--PROTECTION--OF DISCLOSERS AND WITNESSES
Division 1--Protections
- 9 Simplified outline Subdivision A--Immunity from liability
- 10 Protection of disclosers
- 11 Liability for false or misleading statements etc. unaffected
- 11A Designated publication restrictions
- 12 Discloser's liability for own conduct not affected
- 12A Witnesses--immunity from liability etc.
- 12B Witnesses--exceptions to immunities Subdivision B--Protection from reprisals
- 13 What constitutes taking a reprisal
- 14 Compensation
- 15 Injunctions, apologies and other orders
- 16 Reinstatement
- 17 Multiple orders
- 18 Costs only if proceedings instituted vexatiously etc.
- 19 Reprisals in relation to disclosures--offences
- 19A Interaction between civil remedies and offences Subdivision C--Protecting the identity of disclosers
- 20 Disclosure or use of identifying information
- 21 Identifying information not to be disclosed etc. to courts or tribunals Subdivision D--Interaction with the Fair Work Act 2009
- 22 Interaction with protections under Part 3 - 1 of the Fair Work Act 2009
- 22A Interaction with remedies under the Fair Work Act 2009 Subdivision E--Miscellaneous
- 23 Claims for protection
- 24 Protections have effect despite other Commonwealth laws
Division 2--Public interest disclosures
- 25 Simplified outline Subdivision A--Public interest disclosures
- 26 Meaning of public interest disclosure
- 27 Associated allegations
- 28 How a public interest disclosure may be made Subdivision B--Disclosable conduct
- 29 Meaning of disclosable conduct
- 29A Meaning of personal work - related conduct
- 30 Officers or employees of a contracted service provider
- 31 Disagreements with government policies etc.
- 32 Conduct connected with courts or Commonwealth tribunals
- 33 Conduct connected with intelligence agencies Subdivision C--Internal disclosures: authorised internal recipients
- 34 Meaning of authorised internal recipient
- 35 When conduct relates to an agency
- 36 Meaning of authorised officer Subdivision D--Intelligence information
- 41 Meaning of intelligence information
PART 3--INVESTIGATIONS
Division 1--Allocating the handling of disclosures
- 42 Simplified outline
- 43 Allocation of disclosure--decision by authorised officer
- 44 Allocation of disclosure--notice of decision to allocate
- 44A Allocation of disclosure--decision not to allocate
- 44B Non - allocation of disclosure subject to stop action direction under the NACC Act
- 45 Reallocation of disclosures
- 45A Conduct related to intelligence agencies and agencies with intelligence functions--notice to the IGIS
Division 2--The obligation to investigate disclosures
- 46 Simplified outline
- 47 Principal officer must investigate disclosures
- 48 Discretion not to investigate
- 49 Investigative agency using separate investigative powers
- 50 Notification to discloser
- 50AA Decision not to investigate--referral for investigation under another law or power
- 50A Notification to Ombudsman or IGIS about investigation
- 51 Report of investigation
- 52 Time limit for investigations under this Division
- 53 Conduct of investigations under this Division
- 54 Adoption of findings of another investigation
Division 3--Miscellaneous
- 55 The Ombudsman and the IGIS--recommendations
- 56 Disclosure to a member of an Australian police force
PART 4--ADMINISTRATIVE--MATTERS
Division 1--Additional obligations and functions
- 58 Simplified outline
- 59 Additional obligations of principal officers
- 60 Additional obligations of authorised officers
- 60A Additional obligations of supervisors
- 61 Additional obligations of public officials
- 62 Additional functions of the Ombudsman
- 63 Additional functions of the IGIS
Division 2--Treatment of information
- 64 Simplified outline of this Division
- 65 Sharing information and documents between agencies
- 67 Secrecy--legal practitioners
Division 3--Officials and agencies
- 68 Simplified outline Subdivision A--Public officials
- 69 Public officials
- 70 Individuals taken to be public officials Subdivision B--Agencies and prescribed authorities
- 71 Meaning of agency
- 72 Meaning of prescribed authority Subdivision C--Principal officers
- 73 Meaning of principal officer Subdivision D--Machinery of government changes
- 73A Scope of Subdivision
- 73B Machinery of government changes--conduct relating to affected agency
- 73C Machinery of government changes--disclosures made before change
- 73D Machinery of government changes--information transfer
PART 5--MISCELLANEOUS
- 74 Ombudsman may determine standards
- 75 Restriction on the application of secrecy provisions
- 76 Annual reports by the Ombudsman
- 76A Six - monthly reports by the Ombudsman
- 77 Delegations
- 78 Liability for acts and omissions
- 79 Concurrent operation of State and Territory laws
- 80 Law relating to legal professional privilege not affected
- 82 Other investigative powers etc. not affected
- 82A Review of operation of Act
- 83 The PID rules
PART 1--INTRODUCTION
Division 1--Preliminary matters
PART 2--PROTECTION--OF DISCLOSERS AND WITNESSES
- 78 Liability for acts and omissions
- 79 Concurrent operation of State and Territory laws
- 80 Law relating to legal professional privilege not affected
- 82 Other investigative powers etc. not affected