New South Wales Consolidated Acts

PROTECTED DISCLOSURES ACT 1994 - SECT 9

9 Disclosures must be made voluntarily

(1) To be protected by this Act, a disclosure must be made voluntarily.

(2) A disclosure is not made voluntarily for the purposes of this section if it is made by a public official in the exercise of a duty imposed on the public official by or under an Act.

(3) A disclosure is made voluntarily for the purposes of this section if it is made by a public official in accordance with a code of conduct (however described) adopted by an investigating authority or public authority and setting out rules or guidelines to be observed by public officials for reporting corrupt conduct, maladministration or serious and substantial waste of public money by investigating authorities, public authorities or public officials.

(4) A disclosure made by a member of the Police Service is made voluntarily for the purposes of this section even if it relates to the same conduct as an allegation that the member of the Police Service has made in performance of a duty imposed on the member by or under the Police Service Act 1990 or any other Act.

(5) A disclosure made by a correctional officer, within the meaning of the Crimes (Administration of Sentences) Act 1999 , is made voluntarily for the purposes of this section even if it relates to the same conduct as an allegation that the officer has made in the performance of a duty imposed on the officer by or under that Act or any other Act.