New South Wales Consolidated Acts

PROTECTED DISCLOSURES ACT 1994 - SECT 11

11 Disclosure to Ombudsman concerning maladministration

(1) To be protected by this Act, a disclosure by a public official to the Ombudsman must:

(a) be made in accordance with the Ombudsman Act 1974 , and

(b) be a disclosure of information that shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on a public authority or another public official, the public authority or public official has engaged, is engaged or proposes to engage in conduct of a kind that amounts to maladministration.

(2) For the purposes of this Act, conduct is of a kind that amounts to maladministration if it involves action or inaction of a serious nature that is:

(a) contrary to law, or

(b) unreasonable, unjust, oppressive or improperly discriminatory, or

(c) based wholly or partly on improper motives.