New South Wales Consolidated Acts

PROTECTED DISCLOSURES ACT 1994 - SECT 25

25 Referral of disclosures by investigating authorities

(1) An investigating authority may refer any disclosure concerning an allegation of corrupt conduct, maladministration or serious and substantial waste that is made to it by a public official to another investigating authority or to a public official or public authority considered by the authority to be appropriate in the circumstances, for investigation or other action.

(2) The investigating authority must refer such a disclosure if:

(a) it is not authorised to investigate the matter concerned under the relevant investigation Act, and

(b) it is of the opinion that another investigating authority or some public official or public authority may appropriately deal with the matter concerned.

(3) A disclosure may be referred before or after the matter concerned has been investigated and whether or not any investigation of the matter is complete or any findings have been made by the investigating authority.

(4) The investigating authority may communicate to the other investigating authority or to the public official or public authority any information the investigating authority has obtained during the investigation (if any) of the matter concerned.

(5) The investigating authority may recommend what action should be taken by the other investigating authority or the public official or public authority.

(6) The investigating authority is not to refer the disclosure to another investigating authority, or to a public official or public authority, except after taking into consideration the views of the authority, public official or public authority.

(7) An investigating authority referring a matter to another investigating authority may enter into arrangements with the other authority:

(a) to avoid duplication of action, and

(b) to allow the resources of both authorities to be efficiently and economically used to take action, and

(c) to ensure that action is taken in a manner providing the most effective result.