New South Wales Consolidated Acts

PROTECTED DISCLOSURES ACT 1994 - SECT 13

13 Disclosures about investigating authorities

(1) Despite section 10, a disclosure by a public official to the Commission that shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on the Ombudsman, the Ombudsman or an officer of the Ombudsman has engaged, is engaged or proposes to engage in conduct of a kind that amounts to maladministration is protected by this Act.

(2) The Commission may investigate, and report, in accordance with the Independent Commission Against Corruption Act 1988 on any matter raised by a disclosure made to it that is of a kind referred to in subsection (1).

(3) Despite section 11, a disclosure by a public official to the Ombudsman that shows or tends to show:

(c) that the Auditor-General or a member of the staff of the Auditor-General has seriously and substantially wasted public money,

is protected by this Act.

(4) The Ombudsman may investigate, and report, in accordance with the Ombudsman Act 1974 on any matter raised by a disclosure made to it that is of a kind referred to in subsection (3). For the purposes of such an investigation the Ombudsman may engage consultants or other persons for the purpose of getting expert assistance.

(4A) Despite section 10, a disclosure by a public official to the Commission that shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on the PIC Inspector, the PIC Inspector or a PICI officer has engaged or proposes to engage in conduct of a kind that amounts to corrupt conduct or maladministration or has seriously and substantially wasted public money is protected by this Act.

(4B) The Commission may investigate, and report, in accordance with the Independent Commission Against Corruption Act 1988 on any matter raised by a disclosure made to it that is of a kind referred to in subsection (4A).

(5) An investigating authority may decline to investigate or may discontinue the investigation of any matter referred to in this section.

(6) A disclosure referred to in this section is protected by this Act only if it satisfies all other applicable requirements of this Part.