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PUBLIC INTEREST DISCLOSURE ACT 2008 (NO 38 OF 2008)

PUBLIC INTEREST DISCLOSURE ACT 2008 (NO 38 OF 2008)


TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

           Division 1-- Preliminary matters

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  

           Division 2--Interpretation

   4.      Definitions  
   5.      Improper conduct  
   6.      Public bodies  
   7.      Public officers  
   8.      Responsible authority for public body or public officer  

           Division 3--Criminal responsibility

   9.      Application of Criminal Code  

   PART 2--DISCLOSURES OF PUBLIC INTEREST INFORMATION

           Division 1--Making public interest disclosures

   10.     Right to make public interest disclosure  
   11.     How public interest disclosure is made  
   12.     Referral of public interest disclosure to Commissioner  
   13.     Disclosure of further information treated as public interest disclosure  

           Division 2--Protection from liability

   14.     Protection from liability for making public interest disclosure  

           Division 3--Protection from reprisal

   15.     Offence to commit act of reprisal  
   16.     Liability for damages for act of reprisal  
   17.     Injunctive remedies for act of reprisal  

           Division 4--Relocation of public officers

   18.     Request for relocation  
   19.     Review of relocation decision  

   PART 3--INVESTIGATIONS

           Division 1--Requirement to investigate public interest disclosures

   20.     Commissioner to investigate public interest disclosure  
   21.     Cases when an investigation is not required  

           Division 2--Referral of public interest disclosures for investigation by other entities

   22.     Referral to other body  
   23.     Right to object to referral  

           Division 3--Notice of investigation

   24.     Notice of investigation  

           Division 4--Procedure on investigation

   25.     Procedure generally  
   26.     Power to require information and documents  
   27.     Power to require person to attend for examination  
   28.     Investigation at premises of public officer or public body  
   29.     Assistance for conducting investigation  

           Division 5--Preliminary opportunity to comment on possible adverse findings

   30.     Opportunity to comment before adverse report  

           Division 6--Report following investigation

   31.     Report on investigation  
   32.     Report about implementing recommendations  
   33.     Removal of material if publication not in public interest  
   34.     Discloser to be informed of results of investigation  
   35.     Referral to DPP  

   PART 4--VARIOUS PRIVILEGES AND CONFIDENTIAL AND PRIVILEGED INFORMATION

   36.     Privileges of Legislative Assembly not affected  
   37.     Confidential or privileged information in context of investigation  
   38.     Witness privileges  

   PART 5--ADMINISTRATION

           Division 1--Commissioner for Public Interest Disclosures

   39.     Office of Commissioner  
   40.     Terms and conditions of appointment  
   41.     Independence  
   42.     Termination of appointment  
   43.     Acting Commissioner  

           Division 2--Commissioner's staff

   44.     Staff  
   45.     Staff not subject to external direction  

           Division 3--Delegation and guidelines

   46.     Delegation  
   47.     Guidelines relating to dealing with public interest disclosures and disclosers  

           Division 4--Annual reports and other reports

   48.     Annual report by Commissioner  
   49.     Other reports by Commissioner  
   50.     Removal of material if publication not in public interest  

           Division 5--Offences relating to administration of Act

   51.     Misleading information or document  
   52.     Obstruction of person acting in official capacity  

           Division 6--Confidentiality

   53.     Confidentiality of information  

   PART 6--MISCELLANEOUS MATTERS

   54.     Notices etc.  
   55.     Exclusion of certain injunctive remedies  
   56.     Protection from liability  
   57.     Officials not to be called to give evidence  
   58.     Regulations  

   PART 7--CONSEQUENTIAL AMENDMENT OF INFORMATION ACT

   59.     Act amended  
   60.     New section 49B  
   61.     Expiry of Part