New South Wales Consolidated Acts

PROTECTED DISCLOSURES ACT 1994 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 33)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Protected Disclosures Amendment (Police) Act 1998

Statute Law (Miscellaneous Provisions) Act (No 2) 2001 (but only in so far as Schedule 1 to that Act amends this Act, the Defamation Act 1974 and the Local Government Act 1993 )

Statute Law (Miscellaneous Provisions) Act 2003 (but only in so far as Schedule 1 to that Act amends this Act and the Local Government Act 1993 )

Independent Commission Against Corruption Amendment Act 2005 (but only in so far as Schedule 2 to that Act amends this Act)

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Savings and transitional provisions

2 Disclosures made by police officers

A disclosure made by a police officer is protected by this Act even if it is made about conduct or activities engaged in, or about matters arising, before the commencement of the Protected Disclosures Amendment (Police) Act 1998 .

3 Protection against reprisals

Section 20 (1A) does not apply in relation to a proceeding the hearing of which began before the commencement of that subsection.

4 Disclosures made by correctional officers

Section 9 (5), as inserted by the Statute Law (Miscellaneous Provisions) Act 2001 , applies to a disclosure made by a correctional officer even if the disclosure relates to conduct or activities engaged in, or matters arising, before the commencement of the subsection.

5 Disclosures to Director-General of Department of Local Government concerning serious and substantial waste in local government

(1) A disclosure referred to in section 12B is protected by this Act even if it relates to conduct or activities engaged in, or matters arising, before the commencement of that section.

(2) A disclosure referred to in section 12B as amended by Schedule 1.40 [1] to the Statute Law (Miscellaneous Provisions) Act 2003 is protected by this Act even if it relates to conduct or activities engaged in, or matters arising, before the commencement of that amendment.

6 Proceedings for certain offences

Section 20 (3) extends to apply to proceedings for offences against section 20 committed less than 6 months before the commencement of that subsection.