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