New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Protected Disclosures Amendment Bill
1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Protected Disclosures Act 1994 No 92 2
4 Amendment of Independent Commission Against
Corruption Act 1988 No 35 2
Schedules
1 Amendment of Protected Disclosures Act 1994 3
2 Consequential amendment of Independent Commission
Against Corruption Act 1988 6
B96-500a-p03-.817
New South Wales
Protected Disclosures Amendment Bill
1999
No , 1999
A Bill for
An Act to amend the Protected Disclosures Act 1994 to make further provision
with respect to safeguarding the rights of persons making disclosures that are
protected under that Act; and to amend the Independent Commission Against
Corruption Act 1988 consequentially.
B96-500a-p03-.817
Clause 1 Protected Disclosures Amendment Bill 1999
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Protected Disclosures Amendment Act 1999. 3
2 Commencement 4
This Act commences on a day or days to be appointed by 5
proclamation. 6
3 Amendment of Protected Disclosures Act 1994 No 92 7
The Protected Disclosures Act 1994 is amended as set out in 8
Schedule 1. 9
4 Amendment of Independent Commission Against Corruption Act 1988 10
No 35 11
The Independent Commission Against Corruption Act 1988 is 12
amended as set out in Schedule 2. 13
Page 2
Protected Disclosures Amendment Bill 1999
Amendment of Protected Disclosures Act 1994 Schedule 1
Schedule 1 Amendment of Protected Disclosures Act 1
1994 2
3
(Section 3) 4
[1] Section 3 Object 5
6
Insert "expeditiously" before "dealt with" in section 3 (1) (c). 7
[2] Section 20 Protection against reprisals 8
9
Omit section 20 (1). Insert instead: 10
(1) A person who takes detrimental action against another person 11
is guilty of an offence if it is found, on the balance of 12
probabilities, that the action was substantially in reprisal for a 13
protected disclosure made by the other person. 14
Maximum penalty: 100 penalty units or imprisonment for 12 15
months, or both. 16
[3] Section 22 Confidentiality of disclosures 17
18
Omit section 22 (c). 19
[4] Section 22 20
21
Insert at the end of the section: 22
Maximum penalty: 100 penalty units or imprisonment for 12 23
months, or both. 24
(2) A disclosure of information in contravention of this section 25
constitutes no offence if the authority, officer or official who 26
made the disclosure satisfies the court that: 27
(a) the disclosure was reasonably necessary to the effective 28
investigation of the matter that was the subject of the 29
protected disclosure, or was otherwise in the public 30
interest, and 31
(b) that the authority, officer or official took all reasonable 32
steps to prevent further disclosure, by any person, of the 33
information concerned. 34
Page 3
Protected Disclosures Amendment Bill 1999
Schedule 1 Amendment of Protected Disclosures Act 1994
[5] Section 22A 1
2
Insert after section 22: 3
22A Damages for breach of section 20 or 22 4
(1) The provisions of sections 20 and 22 impose a duty on every 5
person to comply with those provisions for the protection of 6
any person making a protected disclosure and of any other 7
person who might suffer loss or damage from a contravention 8
of those provisions, and a breach of that duty is actionable as 9
a civil wrong. 10
(2) A public authority that is the employer of a public official who 11
is guilty of a breach of duty referred to in subsection (1) is 12
jointly and severally liable with the official concerned to 13
answer for that breach of duty, and liable to action accordingly. 14
(3) An action may be brought under this section even though no 15
prosecution has been instituted for an offence under section 20 16
or 22 in respect of the matter concerned. 17
(4) If, in an action under this section arising out of a breach of 18
section 20, the damages awarded include: 19
(a) damages for loss of earnings in consequence of a 20
dismissal from employment, or 21
(b) damages for injury, damage or loss in consequence of 22
an assault or other actionable wrong, 23
the damages so awarded are to be reduced by any amount 24
recovered, under the Industrial Relations Act 1991 or any other 25
Act or law, in respect of the same loss of earnings or other 26
injury, loss or damage. 27
[6] Section 27 Notification to person making disclosure 28
29
Omit ", within 6 months of the disclosure being made,". 30
Insert instead "without delay". 31
Page 4
Protected Disclosures Amendment Bill 1999
Amendment of Protected Disclosures Act 1994 Schedule 1
[7] Section 32A 1
2
Insert after section 32: 3
32A No contracting out of this Act 4
(1) An agreement is void to the extent that it purports to preclude 5
a person from: 6
(a) making a protected disclosure, or 7
(b) exercising any other right, or obtaining any protection or 8
benefit, under this Act, or 9
(c) instituting or continuing any proceedings, claim or 10
remedy arising from a contravention of this Act. 11
(2) A reference in this section to an agreement includes a reference 12
to an agreement in settlement or compromise of any 13
proceedings, whether brought under this or any other Act or 14
otherwise. 15
Page 5
Protected Disclosures Amendment Bill 1999
Schedule 2 Consequential amendment of Independent Commission Against
Corruption Act 1988
Schedule 2 Consequential amendment of Independent 1
Commission Against Corruption Act 1988 2
3
(Section 4) 4
[1] Section 8 General nature of corrupt conduct 5
6
Insert "or of any amendment of this section" after "subsection" in section 8 7
(3). 8
[2] Section 8 9
10
Insert after section 8 (6): 11
(7) Detrimental action, within the meaning of the Protected 12
Disclosures Act 1994, taken by a public official is conduct of 13
the kind referred to in subsection (1) (b). 14
Page 6
[Index] [Search] [Download] [Related Items] [Help]