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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Interest Disclosures
Amendment Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Public Interest Disclosures Act 1994 No 92 3
Schedule 2 Amendment of other Acts 8
b2011-071-25.d25
New South Wales
Public Interest Disclosures
Amendment Bill 2011
No , 2011
A Bill for
An Act to amend the Public Interest Disclosures Act 1994 to make further provision
with respect to the grounds for public interest disclosures, the obligations and
responsibilities of public authorities and heads of public authorities and the functions
of the Ombudsman; and for other purposes.
Clause 1 Public Interest Disclosures Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Interest Disclosures Amendment Act 2011. 3
2 Commencement 4
(1) Except as provided by subsection (2) this Act commences on a day or 5
days to be appointed by proclamation. 6
(2) Schedule 1 [5] commences on 1 January 2012. 7
Page 2
Public Interest Disclosures Amendment Bill 2011
Amendment of Public Interest Disclosures Act 1994 No 92 Schedule 1
Schedule 1 Amendment of Public Interest 1
Disclosures Act 1994 No 92 2
[1] Section 3 Object of Act 3
Omit "corrupt conduct, maladministration, serious and substantial waste and 4
government information contravention" from section 3 (1). 5
Insert instead "corrupt conduct, maladministration, serious and substantial 6
waste, government information contravention and local government pecuniary 7
interest contravention". 8
[2] Section 4 Definitions 9
Omit the definition of protected disclosure from section 4 (1). 10
Insert in alphabetical order: 11
public interest disclosure means a disclosure satisfying the 12
applicable requirements of Part 2. 13
[3] Section 4 (1) 14
Insert in alphabetical order: 15
local government pecuniary interest contravention means the 16
breach of an obligation imposed by the Local Government Act 17
1993 in connection with a pecuniary interest. 18
[4] Section 6A Steering Committee 19
Insert after section 6A (1) (g): 20
(g1) the Information Commissioner, 21
[5] Section 6CA 22
Insert after section 6C (as inserted by the Protected Disclosures Amendment 23
(Public Interest Disclosures) Act 2010): 24
6CA Reports to Ombudsman by public authorities 25
(1) Each public authority must, within 30 days after the end of each 26
quarter or such later time as the Ombudsman may approve, 27
provide to the Ombudsman statistical information on the public 28
authority's compliance with its obligations under this Act during 29
the quarter. 30
(2) The regulations may make provision for or with respect to: 31
(a) the statistical information that is to be provided, and 32
(b) the form in which the information is to be provided. 33
Page 3
Public Interest Disclosures Amendment Bill 2011
Schedule 1 Amendment of Public Interest Disclosures Act 1994 No 92
(3) In this section, quarter means a quarter ending on the last day of 1
September, December, March and June in each year. 2
[6] Sections 6D (1) and (2), 21 (3), 22 (2) and 32 (2) (b) 3
Omit "protected disclosures" wherever occurring. 4
Insert instead "public interest disclosures". 5
[7] Section 6D Public interest disclosures policies and guidelines 6
Insert after section 6D (1) (as inserted by the Protected Disclosures 7
Amendment (Public Interest Disclosures) Act 2010): 8
(1A) Such a policy must provide that a copy of the policy and an 9
acknowledgment, in writing, of the receipt of the disclosure is to 10
be provided to a person who makes a public interest disclosure, 11
within 45 days after the person makes the disclosure. 12
[8] Section 6E 13
Insert after section 6D (as inserted by the Protected Disclosures Amendment 14
(Public Interest Disclosures) Act 2010): 15
6E Responsibility of head of public authority 16
(1) The head of a public authority is responsible for ensuring that: 17
(a) the public authority has the policy required by section 6D, 18
and 19
(b) the staff of the public authority are aware of the contents of 20
the policy and the protections under this Act for a person 21
who makes a public interest disclosure, and 22
(c) the public authority complies with the policy and the 23
authority's obligations under this Act, and 24
(d) the policy designates at least one officer of the public 25
authority (who may be the principal officer) as being 26
responsible for receiving public interest disclosures on 27
behalf of the authority. 28
Page 4
Public Interest Disclosures Amendment Bill 2011
Amendment of Public Interest Disclosures Act 1994 No 92 Schedule 1
(2) In this section, head of a public authority means: 1
(a) for a local government authority--the General Manager of 2
the authority, or 3
(b) for the Department of the Legislative Assembly--the 4
Speaker of the Legislative Assembly, or 5
(c) for the Department of the Legislative Council--the 6
President of the Legislative Council, or 7
(d) for the Department of Parliamentary Services--the 8
Speaker of the Legislative Assembly and the President of 9
the Legislative Council, or 10
(e) for a Division of the Government Service--the Division 11
Head in relation to the Division, or 12
(f) a person who is prescribed by the regulations as the head 13
of a public authority for the purposes of this section, or 14
(g) for any other public authority--the chief executive officer 15
or other principal officer of the authority. 16
[9] Part 2, heading 17
Omit the heading to the Part. Insert instead: 18
Part 2 Public interest disclosures 19
[10] Section 9 Disclosures must be made voluntarily 20
Omit "corrupt conduct, maladministration, serious and substantial waste of 21
public money or government information contravention" from section 9 (3). 22
Insert instead "corrupt conduct, maladministration, serious and substantial 23
waste of public money, government information contravention or local 24
government pecuniary interest contravention". 25
[11] Section 12B Disclosure concerning local government 26
Omit "serious and substantial waste of local government money" from 27
section 12B (1) (b). 28
Insert instead "corrupt conduct, maladministration, serious and substantial 29
waste of local government money, government information contravention or 30
local government pecuniary interest contravention". 31
[12] Sections 15 (1) and (2), 18, 20 (1), (1A), (1B) and (1C), 20A (1) and (2), 32
21 (1) and (3), 22, 25 (8) and 26 (3) and Schedule 2, clauses 11 (2) and 14 33
Omit "protected disclosure" wherever occurring. 34
Insert instead "public interest disclosure". 35
Page 5
Public Interest Disclosures Amendment Bill 2011
Schedule 1 Amendment of Public Interest Disclosures Act 1994 No 92
[13] Section 20 Protection against reprisals 1
Omit section 20 (4) (as inserted by the Protected Disclosures Amendment 2
(Public Interest Disclosures) Act 2010). 3
Insert instead: 4
(4) A public authority (other than an investigating authority and the 5
NSW Police Force) must refer any evidence of an offence under 6
this section to the Commissioner of Police or the Commission. 7
Evidence of an offence that relates to the NSW Police Force must 8
instead be referred to the PIC. 9
(5) An investigating authority (other than the Commission, the ICAC 10
Inspector, the PIC and the PIC Inspector) must, after completing 11
or discontinuing an investigation into an alleged offence under 12
this section, refer any evidence of the offence to the 13
Commissioner of Police. Evidence of an offence that relates to 14
the NSW Police Force must instead be referred to the PIC. 15
(6) The NSW Police Force, the Commission, the ICAC Inspector, 16
the PIC or the PIC Inspector must, after completing an 17
investigation into an alleged offence under this section and 18
forming the opinion that an offence has been committed, refer the 19
alleged offence: 20
(a) to the Director of Public Prosecutions, by providing the 21
Director of Public Prosecutions with a brief of evidence 22
relating to the offence, or 23
(b) if the alleged offence relates to the Director of Public 24
Prosecutions, to the Attorney General, by providing the 25
Attorney General with a brief of evidence relating to the 26
offence. 27
[14] Section 25 Referral of disclosures by investigating authorities 28
Omit "corrupt conduct, maladministration, serious and substantial waste or 29
government information contravention" from section 25 (1). 30
Insert instead "corrupt conduct, maladministration, serious and substantial 31
waste, government information contravention or local government pecuniary 32
interest contravention". 33
Page 6
Public Interest Disclosures Amendment Bill 2011
Amendment of Public Interest Disclosures Act 1994 No 92 Schedule 1
[15] Section 26B 1
Insert after section 26A: 2
26B Ombudsman's role in resolution of disputes 3
The regulations may make provision for or with respect to the 4
conferring of functions on the Ombudsman in connection with 5
the resolution of disputes arising as a result of a public official 6
making a public interest disclosure. 7
[16] Schedule 2 Savings, transitional and other provisions 8
Insert at the end of clause 1 (1): 9
Public Interest Disclosures Amendment Act 2011 10
[17] Schedule 2, clause 11 (3) 11
Omit the clause. 12
[18] Schedule 2 13
Insert at the end of the Schedule: 14
Part 4 Provisions consequent on enactment of 15
Public Interest Disclosures Amendment 16
Act 2011 17
17 Evidence of reprisals 18
A provision of section 20 inserted by the Public Interest 19
Disclosures Amendment Act 2011 does not apply in respect of an 20
offence alleged to have been committed before the 21
commencement of the provision. 22
[19] Long title 23
Omit "waste and government information contravention". 24
Insert instead "waste, government information contravention and local 25
government pecuniary interest contravention". 26
Page 7
Public Interest Disclosures Amendment Bill 2011
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Education (School Administrative and Support Staff) Act 2
1987 No 240 3
Section 29 Meaning of "misconduct" 4
Omit "protected disclosure" from section 29 (1) (c). 5
Insert instead "public interest disclosure". 6
2.2 Health Records and Information Privacy Act 2002 No 71 7
Section 5 Definition of "personal information" 8
Omit "protected disclosure" from section 5 (3) (h) wherever occurring. 9
Insert instead "public interest disclosure". 10
2.3 Industrial Relations Act 1996 No 17 11
[1] Section 98 Right of appeal 12
Omit "protected disclosure" from section 98 (2). 13
Insert instead "public interest disclosure". 14
[2] Section 98 (2) 15
Omit "Protected Disclosures Act 1994". 16
Insert instead "Public Interest Disclosures Act 1994". 17
2.4 Ombudsman Act 1974 No 68 18
Schedule 1 Excluded conduct of public authorities 19
Omit "protected disclosure" from clause 12 (c). 20
Insert instead "public interest disclosure". 21
2.5 Police Act 1990 No 47 22
Section 206 Protection against reprisals 23
Omit "protected disclosure" from section 206 (2B). 24
Insert instead "public interest disclosure". 25
Page 8
Public Interest Disclosures Amendment Bill 2011
Amendment of other Acts Schedule 2
2.6 Privacy and Personal Information Protection Act 1998 1
No 133 2
Section 4 Definition of "personal information" 3
Omit "protected disclosure" from section 4 (3) (e) wherever occurring. 4
Insert instead "public interest disclosure". 5
2.7 Public Sector Employment and Management Act 2002 No 43 6
Section 43 Meaning of "misconduct" 7
Omit "protected disclosure" from section 43 (1) (c). 8
Insert instead "public interest disclosure". 9
2.8 Teaching Service Act 1980 No 23 10
Section 93C meaning of "misconduct" 11
Omit "protected disclosure" from section 93C (1) (c). 12
Insert instead "public interest disclosure". 13
2.9 Technical and Further Education Commission Act 1990 14
No 118 15
Section 22E Meaning of "misconduct" 16
Omit "protected disclosure" from section 22E (1) (c). 17
Insert instead "public interest disclosure". 18
Page 9
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