Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
WHISTLEBLOWERS
PROTECTION BILL 1994
Queensland
WHISTLEBLOWERS PROTECTION BILL
1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Title and commencement
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Object of Act
3 Principal object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 3--Definitions
4 Definitions and dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 4--Operation of Act
5 Act generally binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Other protection saved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--GENERAL EXPLANATION OF ACT
7 What is the general nature of the Act's scheme? . . . . . . . . . . . . . . . . . . . . . 7
8 Public disclosures made by public officers (Pt 3) . . . . . . . . . . . . . . . . . . . . 8
9 Public interest disclosures made by anybody . . . . . . . . . . . . . . . . . . . . . . . . 9
10 How must a public interest disclosure be made (Pt 4)? . . . . . . . . . . . . . . . . 9
11 What is the special protection given for public interest
disclosures (Pt 5)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 General sections (Pt 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--DISCLOSURES THAT MAY BE MADE
13 Purpose of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 What type of information can be disclosed? . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Public officer may disclose official misconduct . . . . . . . . . . . . . . . . . . . . . . 12
2
Whistleblowers Protection
16 Public officer may disclose maladministration . . . . . . . . . . . . . . . . . . . . . . . 13
17 Public officer may disclose negligent or improper management
affecting public funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Public officer may disclose danger to public health or safety or
environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Anybody may disclose danger to person with disability or to
environment from particular contraventions . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Anybody may disclose reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Conduct of unknown person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Involuntary disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Disclosure of events that happened before commencement . . . . . . . . . . . . 14
PART 4--DISCLOSURE PROCESS
Division 1--Purpose of Part
24 Purpose of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Disclosure must be to appropriate entity
25 Disclosure must be made to an appropriate entity . . . . . . . . . . . . . . . . . . . . 15
26 Every public sector entity is an appropriate entity for certain things . . . . . 15
27 How to disclose to appropriate entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Disclosure may be referred to an appropriate entity . . . . . . . . . . . . . . . . . . . 18
Division 3--Records and reports about disclosures
29 Records must be kept of disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Units must report to Legislative Assembly on disclosures . . . . . . . . . . . . . . 19
31 Minister must report to Legislative Assembly on Act's administration . . . 20
32 Reasonable information about result of disclosure must be given
to discloser or referring agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Limitation on disclosure process for courts, tribunals
and judicial officers
33 Object of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Disclosures made administratively to or about a judicial officer . . . . . . . . 22
35 Disclosures in court or tribunal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 5--Limitation on disclosure process for GOCs
36 Object of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Application of Act to GOCs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
Whistleblowers Protection
PART 5--PRIVILEGE, PROTECTION AND COMPENSATION
Division 1--Purpose of Part
38 Purpose of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Limitation of action
39 General limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Liability of discloser unaffected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Reprisal unlawful
41 Reprisal and grounds for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Criminal prosecution about reprisal
42 Reprisal is an indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Civil claims about reprisal
43 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6--Administrative action about reprisal
44 Public sector entity must protect its officers against reprisals . . . . . . . . . . . 28
45 Appeal against action affected by reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Relocation of public sector employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 7--Injunctions about reprisal
47 Right to apply for Industrial Commission injunction . . . . . . . . . . . . . . . . . . 30
48 Right to apply for Supreme Court injunction . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
50 Order may require specified action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
51 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Interim injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
53 Confidentiality of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54 Undertakings as to damages and costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 6--GENERAL
55 Preservation of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
56 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
57 Misconduct by breach of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
58 Proceedings for offences generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
60 Change to a committal proceeding during summary proceeding . . . . . . . . . 37
4
Whistleblowers Protection
61 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Amendment of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 39
CHIEF EXECUTIVE OFFICERS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 41
OFFENCES ENDANGERING THE ENVIRONMENT
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 45
EXAMPLES OF APPROPRIATE ENTITIES IN PARTICULAR
CIRCUMSTANCES
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 49
AMENDMENTS
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 49
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 49
INDUSTRIAL RELATIONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PUBLIC SECTOR MANAGEMENT COMMISSION ACT 1990 . . . . . . . . 53
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTIONAL DEFINITIONS
1 Meaning of "chief executive officer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
2 Meaning of "public sector entity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . 56
DICTIONARY
1994
A BILL
FOR
An Act to protect whistleblowers and for other purposes
s1 6 s3
Whistleblowers Protection
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Title and commencement 3
title 4
Short
1. This Act may be cited as the Whistleblowers Protection Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
Division 2--Object of Act 8
object of Act 9
Principal
3. This Act's principal object is to promote the public interest by 10
protecting persons who disclose-- 11
· unlawful, negligent or improper conduct affecting the public 12
sector 13
· danger to public health or safety 14
· danger to the environment. 15
s4 7 s7
Whistleblowers Protection
Division 3--Definitions 1
and dictionary 2
Definitions
4.(1) The dictionary1 in Schedule 6 defines particular words used in this 3
Act. 4
(2) Schedule 5 contains certain definitions in separate sections. 5
(3) Schedule 5 definitions and definitions found elsewhere in this Act are 6
signposted in the dictionary. 7
4--Operation of Act 8
Division
generally binding 9
Act
5. This Act binds all persons, including the State. 10
protection saved 11
Other
6. This Act does not limit the protection given by another law to a person 12
who makes disclosures of any type or affect another remedy available to the 13
person. 14
PART 2--GENERAL EXPLANATION OF ACT 15
is the general nature of the Act's scheme? 16
What
7.(1) This Act provides a scheme that, in the public interest, gives special 17
protection to disclosures about unlawful, negligent or improper public 18
sector conduct or danger to public health or safety or the environment. 19
(2) Because the protection is very broad, the scheme has a number of 20
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--Acts Interpretation Act 1954, s 14.
s8 8 s8
Whistleblowers Protection
balancing mechanisms intended to-- 1
(a) focus the protection where it is needed; and 2
(b) make it easier to decide whether the special protection applies to a 3
disclosure; and 4
(c) ensure appropriate consideration is also given to the interests of 5
persons against whom disclosures are made; and 6
(d) encourage the making of disclosures in a way that helps to 7
remedy the matter disclosed; and 8
(e) prevent the scheme adversely affecting the independence of the 9
judiciary and the commercial operations of GOCs. 10
(3) The scheme gives protection only to a "public interest disclosure",2 11
which is a particular type of disclosure defined by reference to the person 12
who makes the disclosure, the type of information disclosed and the entity 13
to which the disclosure is made (the "appropriate entity"). 14
(4) Certain types of public interest disclosures may be disclosed under 15
the scheme by a "public officer", which includes any officer of a "public 16
sector entity". 17
(5) The expression "public sector entity" is widely defined and a list 18
can be found in Schedule 5, section 2. 19
(6) Other types of public interest disclosures may be made under the 20
scheme by anybody. 21
disclosures made by public officers (Pt 3) 22
Public
8.(1) Under section 15, a public officer may disclose "official 23
misconduct", an expression defined in the Criminal Justice Act 1989. 24
(2) Under section 16, a public officer may disclose 25
"maladministration" that specifically, substantially and adversely affects 26
someone's interests. 27
(3) Maladministration is widely defined to cover illegal, arbitrary, 28
oppressive or improper public sector "administrative action". 29
2 Each expression in this Part that is in bold type and in quotation marks is defined
either in the dictionary or in a section signposted by the dictionary.
s9 9 s 10
Whistleblowers Protection
(4) Under section 17, a public officer may disclose negligent or improper 1
management involving a substantial waste of "public funds". 2
(5) The disclosure may concern the conduct of any public officer or 3
public sector entity or anyone contracting to supply goods or services (other 4
than as an employee) to a public sector entity. 5
(6) Under section 18, a public officer may disclose a substantial and 6
specific danger to "public health or safety" or the "environment". 7
(7) Public health or safety is widely defined in this Act and the wide 8
definition of environment in the Environmental Protection Act 1994 is 9
introduced by cross reference. 10
interest disclosures made by anybody 11
Public
9.(1) Under section 19, anybody may disclose a substantial and specific 12
danger to the health or safety of a person with a "disability". 13
(2) The wide definition of disability in the Disability Services Act 1992 is 14
introduced by cross reference. 15
(3) Under section 19, anybody may disclose a substantial and specific 16
danger to the environment from contraventions of, or of conditions under, 17
provisions of Acts listed in Schedule 2. 18
(4) Under section 20, anybody may disclose a "reprisal" taken against 19
anybody for making a public interest disclosure. 20
must a public interest disclosure be made (Pt 4)? 21
How
10.(1) Under Part 4, Division 2, a public interest disclosure must be 22
made to an appropriate entity, which is a "public sector entity" identified 23
under the Division. 24
(2) This requirement ensures that-- 25
(a) public interest disclosures are made to public sector entities that 26
have responsibility or power to take appropriate action about the 27
information disclosed or to provide an appropriate remedy; and 28
(b) unfair damage is not caused to the reputations of persons against 29
whom disclosures are made by inappropriate publication of 30
unsubstantiated disclosures. 31
s 11 10 s 11
Whistleblowers Protection
(3) Under the Division, a public interest disclosure may be made to an 1
appropriate unit-- 2
(a) in any way, unless certain exceptions apply including, for 3
example, another law requiring a particular procedure or the 4
appropriate entity having established reasonable procedures; and 5
(b) despite any exception otherwise applying, always to specified 6
persons within the appropriate entity, including the appropriate 7
entity's "chief executive officer". 8
(4) Under Part 4, Division 3-- 9
(a) public sector entities receiving public interest disclosures are 10
required to keep proper records about them, because of the special 11
protection given for public interest disclosures; and 12
(b) certain information about public interest disclosures is required to 13
be provided annually to the Legislative Assembly; and 14
(c) reasonable information about action taken on a public interest 15
disclosure made or referred to an appropriate entity, and the 16
results, is required to be given to the discloser or referrer. 17
(5) Part 4, Division 4 provides for the application of the Act to courts, 18
tribunals and judicial officers in a way intended to prevent the Act's 19
administration adversely affecting judicial work or independence. 20
(6) Part 4, Division 5 provides for the application of the Act to GOCs in 21
a way intended to prevent the Act's administration adversely affecting 22
GOCs commercial operations. 23
is the special protection given for public interest disclosures 24
What
(Pt 5)? 25
11.(1) Under Part 5, Division 2, a person is declared not to be liable, 26
civilly, criminally or under an administrative process, for making a public 27
interest disclosure. 28
(2) Under Part 5, Divisions 3 to 5, causing or attempting or conspiring to 29
cause "detriment" to any person because of a public interest disclosure is 30
declared to be a "reprisal" and unlawful, both under the civil law of tort 31
and the criminal law. 32
s 12 11 s 12
Whistleblowers Protection
(3) Under Part 5, Division 6-- 1
(a) public sector entities must establish reasonable procedures to 2
protect their officers from reprisals; and 3
(b) public officers with existing rights to appeal against, or to apply 4
for a review of, disciplinary action, appointments, transfers or 5
unfair treatment are permitted to use these rights against reprisals; 6
and 7
(c) officers of the public service and departmental employees are 8
given the additional right to appeal to the Commissioner for 9
Public Sector Equity to be relocated to remove the danger of 10
reprisals. 11
(4) Under Part 5, Division 7, the Industrial Commission, or, if the 12
Industrial Commission does not have jurisdiction, the Supreme Court, may 13
grant injunctions against reprisals. 14
sections (Pt 6) 15
General
12.(1) Part 6 provides for certain offences and the criminal proceedings 16
about the offences. 17
(2) The Part makes it an offence-- 18
(a) for a public officer to record or disclose certain confidential 19
information gained through involvement in this Act's 20
administration other than under certain circumstances including, 21
for example, the investigation under an Act of information 22
disclosed under a public interest disclosure; and 23
(b) for a person intentionally to give false or misleading information 24
as a public interest disclosure or in subsequent inquiries into the 25
person's disclosure. 26
(3) The Part also declares that a public officer who commits one of these 27
offences or the offence of reprisal is guilty of misconduct under any Act 28
under which the officer may be dismissed or disciplined for misconduct. 29
s 13 12 s 15
Whistleblowers Protection
ART 3--DISCLOSURES THAT MAY BE MADE 1
P
of Part 2
Purpose
13. The purpose of this Part is to describe the type of disclosures that 3
may be made as public interest disclosures under this Act and who may 4
make them. 5
type of information can be disclosed? 6
What
14.(1) The types of information that may be disclosed by a public interest 7
disclosure, and who may make the disclosure, are specified in sections 15 8
to 20. 9
(2) A person has information about conduct or danger specified in 10
sections 15 to 20 if the person honestly believes on reasonable grounds that 11
the person has information that tends to show the conduct or danger. 12
(3) If information is about an event, it may be about something that has 13
or may have happened, is or may be happening, or will or may happen. 14
(4) If the information is about someone else's conduct, the information 15
may be about conduct in which the other person has or may have engaged, 16
is or may be engaging, or is or may be intending to engage. 17
(5) The information need not be in a form that would make it admissible 18
evidence in a court proceeding. 19
20
Example--
21
The information may take the form of hearsay.
officer may disclose official misconduct 22
Public
15. A public officer3 may make a public interest disclosure about 23
someone else's conduct if-- 24
3 This and other sections allowing a person to make public interest disclosures as
a public officer do not generally contain rules limiting the disclosures to
disclosures about the public sector unit of which the person is an officer.
s 16 13 s 18
Whistleblowers Protection
(a) the officer has information about the conduct; and 1
(b) the conduct is official misconduct. 2
officer may disclose maladministration 3
Public
16. A public officer may make a public interest disclosure about 4
someone else's conduct if-- 5
(a) the officer has information about the conduct; and 6
(b) the conduct is maladministration that adversely affects anybody's 7
interests in a substantial and specific way. 8
officer may disclose negligent or improper management 9
Public
affecting public funds 10
17.(1) A public officer may make a public interest disclosure about the 11
conduct of another public officer, a public sector entity or a public sector 12
contractor if-- 13
(a) the officer has information about the conduct; and 14
(b) the conduct is negligent or improper management directly or 15
indirectly resulting, or likely to result, in a substantial waste of 16
public funds. 17
(2) The disclosure cannot be based on a mere disagreement over policy 18
that may properly be adopted about amounts, purposes and priorities of 19
expenditure. 20
officer may disclose danger to public health or safety or 21
Public
environment 22
18.(1) This section applies if a public officer has information about a 23
substantial and specific danger to public health or safety or to the 24
environment. 25
(2) The public officer may make a public interest disclosure of the 26
information. 27
s 19 14 s 23
Whistleblowers Protection
may disclose danger to person with disability or to 1
Anybody
environment from particular contraventions 2
19.(1) This section applies if anybody has information about-- 3
(a) a substantial and specific danger to the health or safety of a person 4
with a disability; or 5
(b) the commission of an offence against a provision mentioned in 6
Schedule 2, if commission of the offence is or would be a 7
substantial and specific danger to the environment; or 8
(c) a contravention of a condition imposed under a provision 9
mentioned in Schedule 2, if the contravention is or would be a 10
substantial and specific danger to the environment. 11
(2) The person may make a public interest disclosure of the information. 12
may disclose reprisal 13
Anybody
20. Anybody may make a public interest disclosure about someone 14
else's conduct if-- 15
(a) the person has information about the conduct; and 16
(b) the conduct is a reprisal. 17
onduct of unknown person 18
C
21. A person may make a public interest disclosure whether or not the 19
person is able to identify a particular person to which the information 20
disclosed relates. 21
disclosures 22
Involuntary
22. A disclosure may be a public interest disclosure even though it is 23
made under a legal requirement. 24
of events that happened before commencement 25
Disclosure
23. A public interest disclosure may be made under this Act about events 26
that happened or may have happened before the commencement of this Act. 27
s 24 15 s 26
Whistleblowers Protection
ART 4--DISCLOSURE PROCESS 1
P
1--Purpose of Part 2
Division
of Part 3
Purpose
24. The purpose of this Part is to describe the ways in which a person 4
may make a public interest disclosure and provide for related processes. 5
2--Disclosure must be to appropriate entity 6
Division
must be made to an appropriate entity 7
Disclosure
25.(1) Section 26 specifies appropriate entities to which public interest 8
disclosures may be made.4 9
(2) Section 27 provides more detail on how and to whom the public 10
interest disclosure may be made within the appropriate entities. 11
(3) To be treated as a public interest disclosure, a disclosure under 12
sections 15 to 20 must be made to an appropriate entity. 13
(4) The fact that a public interest disclosure may be made under a 14
particular provision to a particular appropriate entity does not exclude it 15
from being made under another provision to the same or another 16
appropriate entity. 17
public sector entity is an appropriate entity for certain things 18
Every
26.(1) Any public sector entity is an appropriate entity to receive a public 19
interest disclosure-- 20
(a) about its own conduct or the conduct of any of its officers; or 21
(b) made to it about anything it has a power to investigate or remedy; 22
or 23
4 See Division 4 for overriding limitations about courts, tribunals and judicial
officers and Division 5 for overriding limitations about statutory GOCs.
s 27 16 s 27
Whistleblowers Protection
(c) made to it by anybody who is entitled to make the public interest 1
disclosure and honestly believes it is an appropriate entity to 2
receive the disclosure under paragraph (a) or (b); or 3
(d) referred to it by another public sector entity under section 28.5 4
(2) Subsection (1)(c) does not permit a public sector entity to receive a 5
public interest disclosure if, apart from this section, it would not be able to 6
receive the disclosure because of Division 4 or 5.6 7
(3) If a person makes a public interest disclosure to an appropriate entity, 8
the person may also make a public interest disclosure to the entity about a 9
reprisal taken against the person for making the disclosure. 10
11
Examples--
12
Schedule 3 has examples of the operation of subsection (1)(a) and (b).
to disclose to appropriate entity 13
How
27.(1) A public interest disclosure may be made to an appropriate entity 14
in any way, including anonymously. 15
(2) However, if an appropriate entity establishes a reasonable procedure 16
for making a public interest disclosure to the entity, the procedure must be 17
used by a person making a public interest disclosure to the entity. 18
(3) Despite subsection (2), a public interest disclosure made to an 19
appropriate entity may always be made to-- 20
(a) its chief executive officer;7 or 21
(b) if the appropriate entity has a governing body--a member of its 22
governing body; or 23
(c) if an officer of the entity is making the disclosure--a person who, 24
directly or indirectly, supervises or manages the officer; or 25
(d) an officer of the entity who has the task of receiving or taking 26
5 Section 28 (Disclosure may be referred to an appropriate entity)
6 Division 4 (Limitation on disclosure process for courts, tribunals and judicial
officers)
Division 5 (Limitation on disclosure process for GOCs)
7 See Schedule 5, section 1 for the definition of "chief executive".
s 27 17 s 27
Whistleblowers Protection
action on the type of information being disclosed. 1
(4) This Act does not affect a procedure required under another Act for 2
disclosing the type of information being disclosed. 3
(5) If a public interest disclosure is properly made to an appropriate 4
entity, the entity is taken to have received the disclosure for the purpose of 5
this Act. 6
(6) However, subsection (5) is subject to Division 4 and 5.8 7
8
Examples of subsection (3)(d)--
9
1. The entity's internal auditor, if the public interest disclosure is made under
10
section 17.9
11
2. A health officer or environmental officer of the department having a statutory or
12
administrative responsibility to investigate something mentioned in a disclosure
13
under section 18(1) or 19(1).10
14
3. The officer of the entity in charge of its human resource management if the
15
public interest disclosure is made under section 20 11 and is about detriment to the
16
career of an employee of the entity.
17
Example of subsection (4)--
18
This Act does not affect the requirement under the Criminal Justice Act 1989 that
19
all complaints and information about misconduct to be brought to the notice of the
20
Criminal Justice Commission must be communicated to the Commission's
21
Complaints Section.12
8 Division 4 (Limitation on disclosure process for courts, tribunals and judicial
officers)
Division 5 (Limitation on disclosure process for GOCs)
9 Section 17 (Public officer may disclose negligent or improper management
affecting public funds)
10 Section 18 (Public officer may disclose danger to public health or safety or
environment)
Section 19 (Anybody may disclose danger to person with disability or to
environment from particular contraventions)
11 Section 20 (Anybody may disclose reprisal)
12 See Criminal Justice Act 1989, s 36(5).
s 28 18 s 28
Whistleblowers Protection
may be referred to an appropriate entity 1
Disclosure
28.(1) If a public interest disclosure received by an appropriate entity is 2
about-- 3
(a) the conduct of another public sector entity or the actions of an 4
officer of another public sector entity; or 5
(b) the conduct of anybody, including itself, or anything that another 6
public sector entity has a power to investigate or remedy; 7
the entity may refer the public interest disclosure to the other public sector 8
entity. 9
(2) If the entity refers the disclosure to another public sector entity, its 10
power to investigate or remedy is unaffected by the reference. 11
(3) An appropriate entity must not refer a public interest disclosure to 12
another public sector entity unless it first considers whether there is an 13
unacceptable risk that a reprisal would be taken against any person because 14
of the reference. 15
(4) In considering whether there would be an unacceptable risk, an 16
appropriate entity must, if practicable, consult with the person who made 17
the public interest disclosure. 18
(5) An appropriate entity must not refer a public interest disclosure to 19
another public sector entity if it considers there is an unacceptable risk. 20
(6) This section does not affect another law under which the entity must 21
refer a report, complaint, information or evidence to another entity. 22
23
Example--
24
The duty of a principal officer in a unit of public administration within the
25
meaning of the Criminal Justice Act 1989 to refer suspected official misconduct to the
26
Criminal Justice Commission as required by that Act is unaffected.13
13 See Criminal Justice Act 1989, s 37(2).
s 29 19 s 30
Whistleblowers Protection
Division 3--Records and reports about disclosures 1
must be kept of disclosures 2
Records
29.(1) In this section-- 3
"disclosure" means a public interest disclosure or purported public interest 4
disclosure. 5
"public sector entity" does not include-- 6
(a) the Executive Council; or 7
(b) a court or tribunal. 8
(2) The objectives of this section are to-- 9
(a) ensure that disclosures are sufficiently identifiable to allow 10
Part 514 to be easily applied; and 11
(b) assist in the preparation of accurate reports to the Legislative 12
Assembly under sections 30 and 31. 13
(3) The chief executive officer of a public sector entity must ensure that a 14
proper record is kept about disclosures received by the public sector entity, 15
including-- 16
(a) the name of the person making the disclosure, if known; and 17
(b) the information disclosed; and 18
(c) any action taken on the disclosures. 19
must report to Legislative Assembly on disclosures 20
Units
30.(1) In this section-- 21
"disclosure" means a public interest disclosure or a purported public 22
interest disclosure. 23
"public sector entity" does not include-- 24
(a) the Executive Council; or 25
(b) a court or tribunal; or 26
14 Part 5 (Privilege, Protection and Compensation)
s 31 20 s 31
Whistleblowers Protection
(c) a GOC. 1
"report period" of an annual report means the period covered by the 2
report. 3
"substantially verified" disclosure includes a disclosure for which an 4
offence prosecution or disciplinary action has been taken or 5
recommended. 6
(2) A public sector entity or an officer of a public sector entity required 7
under an Act to prepare an annual report of the entity's activities during a 8
report period for tabling in the Legislative Assembly must include statistical 9
information about-- 10
(a) the number of disclosures received by it over the report period, 11
for each type of information disclosed; and 12
(b) the number of disclosures substantially verified over the report 13
period, even if received before the period, for each type of 14
information verified. 15
must report to Legislative Assembly on Act's administration 16
Minister
31.(1) In this section-- 17
"public sector entity" does not include-- 18
(a) the Executive Council; or 19
(b) a court or tribunal; or 20
(c) a GOC. 21
(2) The Minister must prepare for each financial year an annual report to 22
the Legislative Assembly on the administration of this Act. 23
(3) If asked by the chief executive of the department in which this Act is 24
administered, a public sector entity must provide reasonable assistance to 25
the chief executive to enable the department to compile information and 26
statistics for inclusion in the annual report. 27
(4) The report may be included in the department's annual report. 28
s 32 21 s 32
Whistleblowers Protection
information about result of disclosure must be given to 1
Reasonable
discloser or referring agency 2
32.(1) If asked by a person who makes a public interest disclosure or by 3
a public sector entity that has referred a public interest disclosure to it, an 4
appropriate entity must give the person or the referring entity reasonable 5
information about action taken on the disclosure and the results. 6
(2) If the request is for written information, the information must be 7
written. 8
(3) Information need not be given under subsection (1) to a person who 9
makes a public interest disclosure, if-- 10
(a) giving the information would be impractical in the circumstances; 11
or 12
(b) the information requested has already been given to the person; or 13
(c) the request is vexatious. 14
(4) Information must not be given under subsection (1), if giving the 15
information would be likely to adversely affect-- 16
(a) anybody's safety; or 17
(b) the investigation of an offence or possible offence; or 18
(c) necessary confidentiality about an informant's existence or 19
identity. 20
(5) If the public interest disclosure is made to the Criminal Justice 21
Commission in a complaint of misconduct or official misconduct, this 22
section does not impose on the Commission any duty that the director of 23
the Commission's Official Misconduct Division does not already have 24
under that Act.15 25
15 The Criminal Justice Act 1989, under section 33(4) to (6), regulates the release
of information to complainants under that Act by the director of the Criminal
Justice Commission's Official Misconduct Division.
s 33 22 s 34
Whistleblowers Protection
4--Limitation on disclosure process for courts, tribunals and 1
Division
judicial officers 2
of Division 3
Object
33.(1) This Division deals with some issues about the treatment of courts 4
and tribunals as public sector entities and judicial officers as public officers 5
under this Act. 6
(2) The purpose of the Division is to clarify the application of this Act 7
and to ensure this Act's administration does not detrimentally affect judicial 8
work or independence. 9
(3) Section 34 deals with public interest disclosures made 10
administratively about judicial officers. 11
(4) Section 35 deals with public interest disclosures made in proceedings 12
before courts or tribunals. 13
made administratively to or about a judicial officer 14
Disclosures
34.(1) This section applies to public interest disclosures made 15
administratively about judicial officers. 16
(2) A person may make a public interest disclosure about the conduct of 17
a judicial officer only under this section, despite any other provision of this 18
Act. 19
(3) A public interest disclosure under section 1516 about the conduct of a 20
judicial officer may be made only-- 21
(a) to the chief judicial officer of the relevant court or tribunal; or 22
(b) to the Criminal Justice Commission. 23
16 Section 15 (Public officer may disclose official misconduct)
s 35 23 s 35
Whistleblowers Protection
(4) A public interest disclosure under section 16, 17, 18 or 1917 about the 1
conduct of a judicial officer may be made only to the chief judicial officer of 2
the relevant court or tribunal. 3
(5) If a reprisal that is conduct of a judicial officer is taken against a 4
person for making a public interest disclosure under this section, the person 5
may make a public interest disclosure about the reprisal only to-- 6
(a) the chief judicial officer of the relevant court or tribunal; or 7
(b) if the reprisal is official misconduct--the chief judicial officer of 8
the relevant court or tribunal or the Criminal Justice Commission. 9
(6) A chief judicial officer may receive a public interest disclosure only if 10
the disclosure is about the conduct of another judicial officer. 11
(7) Under section 28, 18 the chief judicial officer may refer a public 12
interest disclosure made to the chief judicial officer about the conduct of 13
another judicial officer to an appropriate entity. 14
in court or tribunal proceedings 15
Disclosures
35.(1) The purpose of this section is to declare how this Act applies to 16
disclosures made to a court or tribunal in a proceeding. 17
(2) This section applies if a person-- 18
(a) has information that the person may disclose as a public interest 19
disclosure to an appropriate entity; and 20
(b) discloses the information to a court or tribunal in a proceeding in 21
which the information is relevant and admissible. 22
(3) The disclosure is a public interest disclosure made to the court or 23
17 Section 16 (Public officer may disclose maladministration)
Section 17 (Public officer may disclose negligent or improper management
affecting public funds)
Section 18 (Public officer may disclose danger to public health or safety or
environment)
Section 19 (Anybody may disclose danger to person with disability or to
environment from particular contraventions)
18 Section 28 (Disclosure may be referred to an appropriate entity)
s 36 24 s 37
Whistleblowers Protection
tribunal as an appropriate entity under section 26(1)(b).19 1
(4) The court or tribunal may refer the disclosure to another appropriate 2
entity under section 28.20 3
(5) The fact that a court or tribunal is treated as a public sector entity 4
under this Act, and therefore can be an appropriate entity under 5
section 26(1)(b) to receive a public interest disclosure, does not give a 6
person a right to take a proceeding before the court or tribunal that the 7
person does not have apart from this Act. 8
Division 5--Limitation on disclosure process for GOCs 9
of Division 10
Object
36.(1) This Division deals with some issues about the treatment of 11
GOCs as public sector entities and their officers as public officers under this 12
Act. 13
(2) The purpose of the Division is to clarify the application of this Act 14
and to ensure this Act's administration does not detrimentally affect the 15
commercial operation of GOCs. 16
of Act to GOCs 17
Application
37.(1) An officer of a statutory GOC may, under section 15, 16 or 18,21 18
make a public interest disclosure to the statutory GOC about its conduct or 19
the conduct of another officer of the statutory GOC. 20
(2) An officer of a statutory GOC may, under section 15, make a public 21
interest disclosure to the Criminal Justice Commission about the conduct of 22
the statutory GOC or the conduct of another officer of the statutory GOC. 23
19 Section 26 (Every public sector entity is an appropriate entity for certain things)
20 Section 28 (Disclosure may be referred to an appropriate entity)
21 Section 15 (Public officer may disclose official misconduct)
Section 16 (Public officer may disclose maladministration)
Section 18 (Public officer may disclose danger to public health or safety or
environment)
s 37 25 s 37
Whistleblowers Protection
(3) An officer of a statutory GOC may, under section 17,22 make a 1
public interest disclosure to the statutory GOC about its conduct, the 2
conduct of another officer of the statutory GOC or the conduct of a public 3
sector contractor contracting with the statutory GOC. 4
(4) An officer of a statutory GOC may also make a public interest 5
disclosure about a reprisal taken against the officer for making the public 6
interest disclosure under subsection (1) or (3)-- 7
(a) under section 26(3),23 to the statutory GOC; or 8
(b) if the reprisal is official misconduct--to the Criminal Justice 9
Commission. 10
(5) For the purpose of public interest disclosures under subsections (1) to 11
(4) and of applying any law about the disclosures-- 12
(a) the statutory GOC is a public sector entity; and 13
(b) the officer making the public interest disclosure is a public officer; 14
and 15
(c) if the public interest disclosure is made under section 1724 about 16
the conduct of another officer of the statutory GOC--the other 17
officer is a public officer. 18
(6) Other than as provided by subsection (5)-- 19
(a) a GOC is not a public sector entity under this Act; and 20
(b) an officer of a GOC is not a public officer under this Act; and 21
(c) an officer of a GOC cannot, as a public officer, make a public 22
interest disclosure. 23
(7) This section does not affect the making of a public interest disclosure 24
22 Section 17 (Public officer may disclose negligent and improper management
affecting public funds)
23 Section 26 (Every public sector entity is an appropriate entity for certain things)
24 Section 17 (Public officer may disclose negligent or improper management
affecting public funds)
s 38 26 s 39
Whistleblowers Protection
by anybody under section 19 or 20.25 1
(8) This section does not affect the reference under section 2826-- 2
(a) from a statutory GOC to another public sector entity of a public 3
interest disclosure made to the statutory GOC in accordance with 4
this section; or 5
(b) from a public sector entity to a statutory GOC of a public interest 6
disclosure made to the public sector entity. 7
ART 5--PRIVILEGE, PROTECTION AND 8
P
COMPENSATION 9
1--Purpose of Part 10
Division
of Part 11
Purpose
38. The purpose of this Part is to describe the legal privilege, protection 12
and rights of compensation given to a person who makes a public interest 13
disclosure. 14
2--Limitation of action 15
Division
limitation 16
General
39.(1) A person is not liable, civilly, criminally or under an 17
administrative process, for making a public interest disclosure. 18
(2) Without limiting subsection (1)-- 19
(a) in a proceeding for defamation the person has a defence of 20
25 Section 19 (Anybody may disclose danger to person with disability or to
environment from particular contraventions)
Section 20 (Anybody may disclose reprisal)
26 Section 28 (Disclosure may be referred to an appropriate entity)
s 40 27 s 41
Whistleblowers Protection
absolute privilege for publishing the disclosed information; and 1
(b) if the person would otherwise be required to maintain 2
confidentiality about the disclosed information under an Act, oath, 3
rule of law or practice, the person-- 4
(i) does not contravene the Act, oath, rule of law or practice for 5
making the disclosure; and 6
(ii) is not liable to disciplinary action for making the disclosure. 7
of discloser unaffected 8
Liability
40. A person's liability for the person's own conduct is not affected only 9
because the person discloses it in a public interest disclosure. 10
Division 3--Reprisal unlawful 11
and grounds for reprisal 12
Reprisal
41.(1) A person must not cause, or attempt or conspire to cause, 13
detriment to another person because, or in the belief that, anybody has 14
made, or may make, a public interest disclosure. 15
(2) An attempt to cause detriment includes an attempt to induce a person 16
to cause detriment. 17
(3) A contravention of subsection (1) is a reprisal or the taking of a 18
reprisal. 19
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 20
the unlawful ground for the reprisal. 21
(5) For the contravention to happen, it is sufficient if the unlawful ground 22
is a substantial ground for the act or omission that is the reprisal, even if 23
there is another ground for the act or omission. 24
s 42 28 s 44
Whistleblowers Protection
4--Criminal prosecution about reprisal 1
Division
Reprisal is an indictable offence 2
42.(1) A public officer who takes a reprisal commits an offence. 3
Maximum penalty--167 penalty units or 2 years imprisonment 4
(2) The offence is an indictable offence. 5
(3) If a public officer commits the offence, sections 7 and 827 of the 6
Criminal Code apply even though a person other than a public officer may 7
also be taken to have committed the offence because of the application. 8
Division 5--Civil claims about reprisal 9
entitlement for reprisal 10
Damages
43.(1) A reprisal is a tort and a person who takes a reprisal is liable in 11
damages to anyone who suffers detriment as a result. 12
(2) Any appropriate remedy that may be granted by a court for a tort may 13
be granted by a court for the taking of a reprisal. 14
(3) If the claim for the damages goes to trial in the Supreme Court or a 15
District Court, it must be decided by a Judge sitting without a jury. 16
Division 6--Administrative action about reprisal 17
sector entity must protect its officers against reprisals 18
Public
44. A public sector entity must establish reasonable procedures to protect 19
its officers from reprisals that are, or may be, taken against them by the 20
entity or other officers of the entity. 21
27 Criminal Code, section 7 (Principal offenders)
Criminal Code, section 8 (Offences committed in prosecution of common
purpose)
s 45 29 s 46
Whistleblowers Protection
against action affected by reprisal 1
Appeal
45.(1) This section applies to a public officer who, under an Act, may 2
appeal against, or apply for a review of, any of the following actions-- 3
(a) disciplinary action taken against the officer; 4
(b) the appointment or transfer of the officer or another public officer 5
to a position as a public officer; 6
(c) unfair treatment of the officer. 7
(2) Whether or not the Act specifies grounds for the appeal or 8
application, the officer may also appeal or apply to have the action set aside 9
because it was the taking of a reprisal against the officer. 10
(3) Subsection (2) applies even if the decision on the hearing of the 11
appeal or application is in the form of a recommendation. 12
of public sector employee 13
Relocation
46.(1) This section-- 14
(a) must be read with the Public Sector Management Commission 15
Act 1990; and 16
(b) gives a right to appeal for the relocation of an officer of the public 17
service or employee of a department (the "employee"). 18
(2) The appeal may be made on the ground that-- 19
(a) it is likely a reprisal will be taken against the employee if the 20
employee continues in the employee's existing work location; and 21
(b) the only practical way to remove or substantially remove the 22
danger is to relocate the employee. 23
(3) The appeal may be made to the Commissioner for Public Sector 24
Equity by the employee or for the employee by the chief executive of the 25
employee's department. 26
(4) If the Commissioner considers the ground is proved, the 27
Commissioner may recommend to the Governor in Council that the 28
employee and, if the employee is an officer of the public service, the 29
employee's position be relocated-- 30
(a) if the employee is an officer of the Senior Executive 31
s 47 30 s 47
Whistleblowers Protection
Service--within the public sector; or 1
(b) if the employee is not an officer of the Senior Executive 2
Service--within the employee's department or another 3
department. 4
(5) The Commissioner cannot recommend the relocation without the 5
consent of-- 6
(a) the employee; and 7
(b) if the relocation is to another unit of the public sector--the other 8
unit's chief executive officer. 9
(6) The Governor in Council may relocate the employee and, if the 10
employee is an officer of the public service, the employee's position-- 11
(a) if the employee is an officer of the Senior Executive 12
Service--within the public sector; or 13
(b) if the employee is not an officer of the Senior Executive 14
Service--within the employee's department or another 15
department. 16
(7) For subsection (6), the Governor in Council has power to do, or 17
authorise the doing of, anything necessary or convenient to relocate the 18
employee, including-- 19
(a) abolishing an office in the public service held by the employee 20
and creating another to be held by the employee; or 21
(b) ending the employee's appointment to an office and appointing 22
the employee to another for which the maximum salary is no less 23
than the previous office's. 24
7--Injunctions about reprisal 25
Division
to apply for Industrial Commission injunction 26
Right
47.(1) An application for an injunction about a reprisal may be made to 27
the Industrial Commission if the reprisal-- 28
(a) has caused or may cause detriment to an employee within the 29
meaning of the Industrial Relations Act 1990; and 30
s 48 31 s 48
Whistleblowers Protection
(b) involves or may involve a breach of the Industrial Relations Act 1
1990, or an award, industrial agreement, certified agreement or 2
enterprise flexibility agreement under that Act. 3
(2) The application may be made by-- 4
(a) the employee; or 5
(b) an industrial organisation-- 6
(i) whose rules entitle it to represent the industrial interests of 7
the employee; and 8
(ii) acting in the employee's interests with the employee's 9
consent; or 10
(c) the Criminal Justice Commission acting in the employee's 11
interests with the employee's consent if-- 12
(i) the employee is a public officer; and 13
(ii) the reprisal involves or may involve an act or omission that 14
the Criminal Justice Commission may investigate. 15
(3) Section 4228 of the Industrial Relations Act 1990 applies to the 16
application, but this Division prevails if it is inconsistent with that section. 17
(4) If the Industrial Commission has jurisdiction to grant an injunction 18
on an application under subsection (1), the jurisdiction is exclusive of the 19
jurisdiction of any other court or tribunal other than the Industrial Court. 20
(5) Without limiting this section, the application is an industrial cause 21
within the meaning of the Industrial Relations Act 1990. 22
to apply for Supreme Court injunction 23
Right
48.(1) This section applies only to a person who cannot apply to the 24
Industrial Commission for an injunction about a reprisal under section 47. 25
(2) An application for an injunction about a reprisal may be made to the 26
Supreme Court by-- 27
(a) a person claiming that the person is suffering or may suffer 28
detriment from a reprisal; or 29
28 Industrial Relations Act 1990, section 42 (Power to grant injunctions)
s 49 32 s 51
Whistleblowers Protection
(b) the Criminal Justice Commission acting in the person's interests 1
with the person's consent if-- 2
(i) the employee is a public officer; and 3
(ii) the reprisal involves or may involve an act or omission that 4
the Criminal Justice Commission may investigate. 5
for injunction 6
Grounds
49. The Industrial Commission or Supreme Court may grant an 7
injunction, in terms it considers appropriate, if it is satisfied that a person 8
has engaged, is engaging or is proposing to engage, in conduct (the 9
"reprisal conduct") amounting to-- 10
(a) the taking of a reprisal; or 11
(b) aiding, abetting, counselling or procuring a person to take a 12
reprisal; or 13
(c) inducing or attempting to induce, whether by threats, promises or 14
otherwise, a person to take a reprisal; or 15
(d) being in any way, directly or indirectly, knowingly concerned in, 16
or party to, the taking of a reprisal. 17
may require specified action 18
Order
50. If the Industrial Commission or Supreme Court is satisfied that a 19
person has engaged or is engaging in reprisal conduct, it may grant an 20
injunction requiring the person to take specified action to remedy any 21
detriment caused by the conduct. 22
23
Evidence
51.(1) The Industrial Commission or Supreme Court may grant an 24
injunction restraining a person from engaging in reprisal conduct-- 25
(a) whether or not it considers that the person intends to engage 26
again, or to continue to engage, in the conduct; or 27
(b) whether or not the person has previously engaged in the conduct; 28
or 29
s 52 33 s 53
Whistleblowers Protection
(c) whether or not there is an imminent danger of substantial damage 1
to anyone if the person engages in the conduct. 2
(2) The Industrial Commission or Supreme Court may grant an 3
injunction requiring a person to do something-- 4
(a) whether or not it considers that the person intends to fail again, or 5
to continue to fail, to do the thing; or 6
(b) whether or not the person has previously failed to do the thing; or 7
(c) whether or not there is an imminent danger of substantial damage 8
to anybody if the person fails to do the thing. 9
injunction 10
Interim
52. An interim injunction may be granted pending the final decision on 11
the application. 12
of applications 13
Confidentiality
53.(1) For an application before it, the Industrial Commission or 14
Supreme Court may direct that-- 15
(a) a report of the whole or part of the proceeding for the application 16
must not be published; or 17
(b) evidence given, or anything filed, tendered or exhibited in the 18
application must be withheld from release or search, or released 19
or searched only on a specified condition. 20
(2) The direction may be given if the Industrial Commission or Supreme 21
Court considers that-- 22
(a) disclosure of the report, evidence or thing would not be in the 23
public interest; or 24
(b) persons other than parties to the application do not have a 25
sufficient legitimate interest in being informed of the report, 26
evidence or thing. 27
(3) An application for an injunction may be heard in chambers. 28
(4) An application for an injunction may be heard ex parte if the 29
Industrial Commission or Supreme Court considers an ex parte hearing is 30
s 54 34 s 55
Whistleblowers Protection
necessary in the circumstances. 1
(5) This section does not limit the power of the Industrial Commission 2
or Supreme Court. 3
as to damages and costs 4
Undertakings
54. If the Criminal Justice Commission applies for an injunction, no 5
undertaking about damages or costs is to be required. 6
PART 6--GENERAL 7
of confidentiality 8
Preservation
55.(1) If a person gains confidential information because of the person's 9
involvement as a public officer in this Act's administration, the person must 10
not make a record of the information, or intentionally or recklessly disclose 11
the information to anyone, other than under subsection (3). 12
Maximum penalty--84 penalty units. 13
(2) A public officer gains information through involvement in the 14
administration of this Act if the officer gains the information because of 15
being involved, or an opportunity given by being involved, in the 16
administration. 17
18
Example--
19
If a public officer gains information because the public officer receives a public
20
interest disclosure for an appropriate entity, the public officer gains the information
21
through involvement in the administration of this Act.
(3) A person may make a record of confidential information, or disclose 22
it to someone else-- 23
(a) for this Act; or 24
(b) to discharge a function under another Act including, for example, 25
to investigate something disclosed by a public interest disclosure; 26
or 27
(c) for a proceeding in a court or tribunal; or 28
s 56 35 s 56
Whistleblowers Protection
(d) if authorised under a regulation or another Act. 1
(4) This section does not affect an obligation a person may have under 2
the law about natural justice to disclose information to a person whose 3
rights would otherwise be detrimentally affected. 4
(5) Subsection (4) applies to information disclosing, or likely to disclose, 5
the identity of a person who makes a public interest disclosure only if it is-- 6
(a) essential to do so under the law about natural justice; and 7
(b) unlikely a reprisal will be taken against the person because of the 8
disclosure. 9
(6) To remove doubt, if there is an inconsistency between this section 10
and section 6, this section prevails. 11
(7) In this section-- 12
"confidential information" includes-- 13
(a) information about the identity, occupation, residential or work 14
address or whereabouts of a person-- 15
(i) who makes a public interest disclosure; or 16
(ii) against whom a public interest disclosure has been made; 17
and 18
(b) information disclosed by a public interest disclosure; and 19
(c) information about an individual's personal affairs; and 20
(d) information that, if disclosed, may cause detriment to a person; 21
but does not include information publicly disclosed in a public interest 22
disclosure made to a court, tribunal or other entity that may receive 23
evidence under oath, unless further disclosure of the information is 24
prohibited by law. 25
"law" for a public interest disclosure made to a committee of the 26
Legislative Assembly, includes a standing rule, order or motion of the 27
Legislative Assembly. 28
or misleading information 29
False
56.(1) A person commits an offence if the person-- 30
s 57 36 s 59
Whistleblowers Protection
(a) makes a statement to an appropriate entity intending that it be 1
acted on as a public interest disclosure; and 2
(b) in the statement, or in the course of inquiries into the statement, 3
intentionally gives information that is false or misleading in a 4
material particular. 5
Maximum penalty--167 penalty units or 2 years imprisonment. 6
(2) The offence is an indictable offence. 7
by breach of Act 8
Misconduct
57.(1) A public officer is guilty of misconduct under an Act under which 9
the officer may be dismissed from office or disciplined for misconduct, if 10
the officer contravenes the following-- 11
· section 42 (Reprisal is an indictable offence) 12
· section 55 (Preservation of confidentiality) 13
· section 56 (False or misleading information). 14
(2) To remove doubt, it is declared that under section 29(3)(d)29 of the 15
Criminal Justice Act 1989, the Criminal Justice Commission may 16
investigate the contravention, or the alleged or suspected contravention, if-- 17
(a) the public officer is a member of the Police Service; or 18
(b) the contravention is official misconduct by a person holding an 19
appointment in a unit of public administration within the meaning 20
of the Criminal Justice Act 1989. 21
for offences generally 22
Proceedings
58. An offence against this Act other than an offence declared to be an 23
indictable offence is a summary offence. 24
for indictable offences 25
Proceedings
59.(1) A proceeding on a charge for an indictable offence under this Act 26
29 Criminal Justice Act 1989, section 29 (Role and functions)
s 60 37 s 61
Whistleblowers Protection
may be taken, at the election of the prosecution-- 1
(a) by summary proceeding under the Justices Act 1886; or 2
(b) on indictment. 3
(2) A Magistrates Court must not hear the charge summarily if-- 4
(a) the defendant asks the court at the start of the hearing to treat the 5
proceeding as a committal proceeding; or 6
(b) the court considers that the charge should be prosecuted on 7
indictment. 8
(3) A Magistrates Court may start to hear and decide the charge 9
summarily even if more than 1 year has passed since the offence was 10
committed. 11
to a committal proceeding during summary proceeding 12
Change
60.(1) This section applies if, during a proceeding before a Magistrates 13
Court to hear and decide a charge for an indictable offence summarily, the 14
court decides the charge is not one that should be decided summarily. 15
(2) The court must stop treating the proceeding as a proceeding to hear 16
and decide the charge summarily and start treating it as a committal 17
proceeding. 18
(3) The defendant's plea at the start of the hearing must be disregarded. 19
(4) The evidence already heard by the court must be taken to be evidence 20
in the committal proceeding. 21
(5) To remove doubt, it is declared that section 104 of the Justices Act 22
188630 must be complied with for the committal proceeding. 23
making power 24
Regulation
61.(1) The Governor in Council may make regulations under this Act. 25
(2) A regulation may provide that, for all or particular public interest 26
disclosures-- 27
30 Justices Act 1886, section 104 (Proceedings on an examination of witnesses in
relation to an indictable offence)
s 62 38 s 62
Whistleblowers Protection
(a) a public sector entity is to be treated as a part of another public 1
sector entity; or 2
(b) a part of a public sector entity is to be treated as part of another 3
public sector entity or a separate public sector entity; or 4
(c) public sector entities or parts of public sector entities are to be 5
treated as a single public sector entity. 6
(3) A regulation under subsection (2) may not-- 7
(a) apply to a public sector entity specified in Schedule 5, 8
section 2(1)(a), (b) or (g);31 or 9
(b) provide for a court or tribunal to be treated as part of a public 10
sector entity not consisting of courts or tribunals of like 11
jurisdiction or their administrative offices; or 12
(c) be inconsistent with a requirement under an Act that a public 13
sector entity act independently. 14
of other Acts 15
Amendment
62. Schedule 4 amends the Acts mentioned in it. 16
17
31 Schedule 5, section 2 (Meaning of "public sector entity")
39
Whistleblowers Protection
CHEDULE 1 1
¡S
HIEF EXECUTIVE OFFICERS 2
C
Schedule 5, section 1 3
Public sector entities Chief executive officers
Legislative Assembly committee Speaker or chairperson
Parliamentary Service Commission Speaker or Clerk of the 4
and Parliamentary Service Parliament
court or tribunal presided over by Chief Justice 5
Supreme Court Judge
court or tribunal presided over by a Chief Judge of District Courts 6
District Court Judge
court or tribunal presided over by a Chief Stipendiary Magistrate 7
magistrate or justice of the peace
administrative office of a court or proper officer of the court or 8
tribunal tribunal or chief executive of the
relevant department
Executive Council senior officer appointed as clerk
of Executive Council
department department's chief executive or
Minister
local government mayor or chief executive officer,
including, for Brisbane City
Council, the town clerk
Regional Health Authority chairperson, regional director or
chief executive of the relevant
department
statutory GOC director or chief executive officer
40
Whistleblowers Protection
SCHEDULE 1 (continued)
office of the Parliamentary Parliamentary Commissioner for 1
Commissioner for Administrative Administrative Investigations 2
Investigations
3
4
41
Whistleblowers Protection
CHEDULE 2 1
¡S
FFENCES ENDANGERING THE ENVIRONMENT 2
O
section 19(1)(b) and (c) 3
Clean Air Act 1963 4
· Section 46(3A) (Special penalties in certain cases) 5
Clean Waters Act 1971 6
· Section 48 (Special penalties in certain cases) 7
Contaminated Land Act 1991 8
· Section 13 (Prohibition of land contamination) 9
· Section 14(2), (3) or (4) (Sites for disposal of hazardous 10
substances) 11
· Section 17(1), (2), (3) or (4) (Notification of contamination) 12
· Section 20(4) (Notice to remediate contaminated land) 13
Cultural Record (Landscapes Queensland and Queensland Estate) 14
Act 1987 15
· Section 56(1) or (2) (Offences concerning Queensland Estate) 16
Environmental Protection Act 1994 17
· All provisions for which a contravention is an offence 18
Fisheries Act 1994 19
· Section 89 (Noxious fisheries resources not to be possessed, 20
released etc.) 21
42
Whistleblowers Protection
SCHEDULE 2 (continued)
· Section 90 (Nonindigenous fisheries resources not to be 1
possessed, released etc.) 2
· Section 91 (Aquaculture fisheries resources not to be released) 3
· Section 92 (Duty of person who takes or possesses noxious or 4
nonindigenous fisheries resources) 5
· Section 123 (Protection of marine plants) 6
Forestry Act 1959 7
· Section 53(1)(b) (Interference with forest products on Crown 8
holdings and mining leases) 9
· Section 54 (Interfering with forest products on Crown lands etc.) 10
Land Act 1962 11
· Section 250(1) (Tree clearing permit) 12
· Section 372(1) (Trespass to Crown land etc. and removal of 13
trespassers) 14
Mineral Resources Act 1989 15
· Section 6.15 (Conditions of mineral development licence) 16
· Section 6.27 (Contravention by holder of mineral development 17
licence) 18
· Section 7.33 (Conditions of mining lease) 19
Nature Conservation Act 1992 20
· Section 81(1) (Restriction on taking etc. protected animals) 21
· Section 82(1) (Restriction on taking etc. protected plants) 22
· Section 83 (Prohibition on release etc. of international and 23
prohibited wildlife) 24
43
Whistleblowers Protection
SCHEDULE 2 (continued)
· Section 84 (Prohibition on breeding etc. hybrids of protected 1
animals) 2
· Section 85 (Aborigines' and Torres Strait Islanders' rights to take 3
etc. protected wildlife) 4
· Section 86 (Conservation officers prohibited in dealing with 5
protected wildlife) 6
· Section 89(2) (Restriction on taking etc. of native wildlife in areas 7
of major interest and critical habitats) 8
· Section 101 (Compliance with order) 9
Petroleum Act 1923 10
· Section 63A (Penalties) 11
Petroleum Regulation 1966 12
· Section 243 (Penalties) 13
Queensland Heritage Act 1992 14
· Section 33(1) (Development not to be carried out without 15
Council's approval) 16
· Section 47 (Offences) 17
· Section 51 (Offence to destroy protected area etc.) 18
· Section 59 (Contravention of stop order) 19
· Section 65(2) (Restoration orders) 20
Transport Operations (Marine Pollution) Act 1994 21
· All provisions for which a contravention is an offence 22
44
Whistleblowers Protection
SCHEDULE 2 (continued)
Water Resources Act 1989 1
· Section 4.44 (Destruction of vegetation, excavation or placing of 2
fill) 3
· Section 4.48(3) (Suspension of permit in exceptional 4
circumstances) 5
· Section 4.50(2) (Notice to stop activities) 6
· Section 4.51(2) (Notice to remove vegetation) 7
8
45
Whistleblowers Protection
CHEDULE 3 1
¡S
XAMPLES OF APPROPRIATE ENTITIES IN 2
E
PARTICULAR CIRCUMSTANCES 3
section 26 4
Examples, under section 26(1)(a), of public interest disclosures made to 5
appropriate entities because the disclosure is about the conduct of the 6
entities or of their officers-- 7
1. W, an employee of a department, has information that officers of a 8
disability service run by the department have been committing serious 9
abuses against clients. The conduct is of a type mentioned in 10
section 19(1)(a).32 W discloses the conduct to the department. The 11
department is an appropriate entity to receive the disclosure because it is 12
about the conduct of its staff. 13
2. W, an employee of a local government, has information about the 14
local government's conduct in using negligent management practices 15
resulting in substantial loss of public funds. The conduct is of a type 16
mentioned in section 17.33 W discloses the conduct to the local 17
government. The local government is an appropriate entity to receive the 18
disclosure because it is about its own conduct. 19
3. W, a prison officer employed by the Corrective Services Commission, 20
has information that another prison officer has committed a criminal assault 21
on a prisoner. The conduct is of a type mentioned in section 18(1).34 W 22
discloses the conduct to the Corrective Services Commission. The 23
Corrective Services Commission is an appropriate entity to receive the 24
disclosure because it is about the conduct of its staff. 25
32 Section 19 (Anybody may disclose danger to person with disability or to
environment from particular contraventions)
33 Section 17 (Public officer may disclose negligent or improper management
affecting public funds)
34 Section 18 (Public officer may disclose danger to public health or safety or
environment)
46
Whistleblowers Protection
SCHEDULE 3 (continued)
4. W, a police officer, has information that certain other police officers 1
are not investigating certain offences in return for corrupt payments. The 2
conduct is official misconduct mentioned in section 15. 35 W discloses the 3
conduct to the Queensland Police Service. The Queensland Police Service 4
is an appropriate entity to receive the disclosure because it is about the 5
conduct of one of its officers. 6
5. W, an employee of a State instrumentality, has information that a 7
senior officer of the instrumentality has misappropriated funds from the 8
instrumentality. The conduct is official misconduct mentioned in 9
section 15. W discloses the conduct to the instrumentality. The 10
instrumentality is an appropriate entity to receive the disclosure because it is 11
about the conduct of one of its officers. 12
Examples, under section 26(1)(b), of disclosures made to appropriate 13
entities because the disclosures are about something the entities have a 14
power to investigate or remedy-- 15
1. W, an employee of a department, has information that officers of a 16
disability service run by the department have been committing serious 17
abuses against clients. The conduct is official misconduct mentioned in 18
section 15. W discloses the conduct to the Criminal Justice Commission. 19
The Criminal Justice Commission is an appropriate entity to receive the 20
disclosure because it involves conduct it may investigate. 21
2. W, an employee of a department, has information about the 22
department's conduct in using negligent accounting practices resulting in 23
substantial loss of public funds. The conduct is of a type mentioned in 24
section 17(1).36 W discloses the conduct to the Queensland Audit Office. 25
The Queensland Audit Office is an appropriate entity to receive the 26
disclosure because it involves conduct it may investigate. 27
3. W, an employee of a department, gives evidence at a hearing of the 28
35 Section 15 (Public officer may disclose official misconduct)
36 Section 17 (Public officer may disclose negligent or improper management
affecting public funds)
47
Whistleblowers Protection
SCHEDULE 3 (continued)
Parliamentary Public Accounts Committee inquiring into the department's 1
management practices. At the hearing W discloses information about the 2
department's conduct in using negligent management practices resulting in 3
substantial loss of public funds. The conduct is of a type mentioned in 4
section 17(1). The Committee is an appropriate entity to receive the 5
disclosure as it involves conduct it may investigate. 6
4. W, a prison officer employed by the Corrective Services Commission, 7
has information that another prison officer has committed a criminal assault 8
on a prisoner. The conduct is of a type mentioned in section 18(1).37 W 9
discloses the conduct to the Queensland Police Service. The Queensland 10
Police Service is an appropriate entity to receive the disclosure because it 11
involves conduct it may investigate. 12
5. W, an employee of a private sector company, has information that the 13
company has committed an offence against the Environmental Protection 14
Act 1994 that is a substantial and specific danger to the environment. The 15
conduct is of a type mentioned in section 19(1)(b).38 W discloses the 16
conduct to the department in which the Environmental Protection Act 1994 17
is administered. The department is an appropriate entity to receive the 18
disclosure because it involves conduct it may investigate. 19
6. W, an employee of a shipping company, has information that a ship 20
owned by the company has discharged oil into coastal waters of 21
Queensland. The conduct is an offence under the Transport Operations 22
(Marine Pollution) Act 1994 and is a substantial and specific danger to the 23
environment. The conduct is of a type mentioned in section 19(1)(b). W 24
discloses the conduct to the department in which the Transport Operations 25
(Marine Pollution) Act 1994 is administered. The department is an 26
appropriate entity to receive the disclosure because it is about conduct it may 27
investigate. 28
7. W, an employee of a State instrumentality, has information that a 29
37 Section 18 (Public officer may disclose danger to public health or safety or
environment)
38 Section 19 (Anybody may disclose danger to person with disability or to
environment from particular contraventions)
48
Whistleblowers Protection
SCHEDULE 3 (continued)
senior officer of the instrumentality has misappropriated funds of the 1
instrumentality. The conduct is official misconduct mentioned in 2
section 15, involving the commission of an offence. W discloses the 3
conduct to the Queensland Police Service. The Queensland Police Service 4
is an appropriate entity to receive the disclosure because it is about conduct 5
it may investigate. 6
8. W, a police officer, has information that certain other police officers 7
are not investigating certain offences in return for corrupt payments. The 8
conduct is official misconduct mentioned in section 15, involving official 9
misconduct within the meaning of the Criminal Justice Act 1989. The 10
Criminal Justice Commission is an appropriate entity to receive the 11
disclosure because it is about conduct it may investigate. 12
13
49
Whistleblowers Protection
CHEDULE 4 1
¡S
MENDMENTS 2
A
section 62 3
REEDOM OF INFORMATION ACT 1992 4
´F
1. Schedule-- 5
insert-- 6
`Whistleblowers Protection Act 1994, section 55(1)'. 7
EALTH RIGHTS COMMISSION ACT 1991 8
´H
1. Section 3(1), definition "detriment"-- 9
omit, insert-- 10
` "detriment" includes-- 11
(a) personal injury or prejudice to safety; and 12
(b) property damage or loss; and 13
(c) intimidation or harassment; and 14
(d) adverse discrimination, disadvantage or adverse treatment about 15
career, profession, employment, trade or business; and 16
(e) threats of detriment; and 17
(f) financial loss from detriment.'. 18
2. Section 135(1), `in good faith'-- 19
omit, insert-- 20
`honestly and on reasonable grounds'. 21
50
Whistleblowers Protection
SCHEDULE 4 (continued)
3. After section 135-- 1
insert-- 2
`False or misleading information 3
`135A.(1) A person commits an offence if the person-- 4
(a) makes a statement to the Commissioner with the intent that it be 5
acted on as a health service complaint; and 6
(b) in the statement, or in the course of inquiries into the statement, 7
intentionally gives information that is false or misleading in a 8
material particular to the Commissioner or another entity to which 9
the complaint has been referred. 10
Maximum penalty--167 penalty units or 2 years imprisonment. 11
`(2) The offence is an indictable offence.'. 12
4. Section 139(6), penalty-- 13
omit, insert-- 14
`Maximum penalty--167 penalty units or 2 years imprisonment'. 15
5. Section 139(7)-- 16
renumber as subsection (8). 17
6. Section 139-- 18
insert-- 19
`(7) The offence is an indictable offence.'. 20
7. After section 139-- 21
insert-- 22
51
Whistleblowers Protection
SCHEDULE 4 (continued)
`Damages entitlement for reprisal 1
`139A.(1) Unlawful reprisal is a tort and a person who takes an unlawful 2
reprisal is liable in damages to any person who suffers detriment as a result. 3
`(2) Any appropriate remedy that may be granted by a court for a tort 4
may be granted by a court for the taking of an unlawful reprisal. 5
`(3) If the claim for the damages goes to trial in the Supreme Court or a 6
District Court, it must be decided by a Judge sitting without a jury.'. 7
8. Section 141-- 8
omit, insert-- 9
`Proceedings for offences generally 10
`141.(1) An offence against this Act other than an offence declared to be 11
an indictable offence is a summary offence. 12
`(2) A summary proceeding for the offence must start within whichever 13
is the longer of the following-- 14
(a) 1 year after the commission of the offence; 15
(b) 1 year after the offence comes to the knowledge of the 16
Commissioner, but within 2 years after the commission of the 17
offence. 18
`Proceedings for indictable offences 19
`141A.(1) A proceeding on a charge for an indictable offence under this 20
Act may be taken, at the election of the prosecution-- 21
(a) by summary proceeding under the Justices Act 1886; or 22
(b) on indictment. 23
`(2) A Magistrates Court must not hear the charge summarily if-- 24
(a) the defendant asks the court at the start of the hearing to treat the 25
proceeding as a committal proceeding; or 26
52
Whistleblowers Protection
SCHEDULE 4 (continued)
(b) the court considers that the charge should be prosecuted on 1
indictment. 2
`(3) A Magistrates Court may start to hear and decide the charge 3
summarily even if more than 1 year has passed since the offence was 4
committed. 5
`Change to committal proceeding during summary proceeding 6
`141B.(1) This section applies if during a proceeding before a 7
Magistrates Court to hear and decide a charge for an indictable offence 8
summarily, the court decides that the charge is not one that should be 9
decided summarily. 10
`(2) The court must stop treating the proceeding as a proceeding to hear 11
and decide the charge summarily and start treating it as a committal 12
proceeding. 13
`(3) The defendant's plea at the start of the hearing must be disregarded. 14
`(4) The evidence already heard by the court is taken to be evidence in the 15
committal proceedings. 16
`(5) To remove doubt, it is declared that section 104 of the Justices Act 17
1886 must be complied with for the committal proceedings.'. 18
INDUSTRIAL RELATIONS ACT 1990 19
´
1. Section 291(2)(b)(iv) to (vi)-- 20
renumber as section 291(2)(b)(v) to (vii). 21
2. Section 291(2)(b)-- 22
insert-- 23
`(iv) the making by anybody, or a belief that anybody has made 24
or may make-- 25
53
Whistleblowers Protection
SCHEDULE 4 (continued)
(A) a public interest disclosure under the Whistleblowers 1
Protection Act 1994; or 2
(B) a complaint under the Health Rights Commission Act 3
1991.'. 4
3. Section 291(3), `subsection (2)(b)(iv)'-- 5
omit, insert-- 6
`subsection (2)(b)(v)'. 7
PUBLIC SECTOR MANAGEMENT COMMISSION 8
´
ACT 1990 9
1. Section 5.3, heading-- 10
omit, insert-- 11
`Appeals'. 12
2. Section 5.3(1)-- 13
insert-- 14
`(d) anything else for which an appeal is permitted to the 15
Commissioner under an Act.'. 16
3. Section 5.3(2)-- 17
insert-- 18
`(d) if the appeal is about anything else for which an appeal is 19
permitted under an Act--a person or entity permitted to appeal 20
under the Act that permits the appeal.'. 21
22
54
Whistleblowers Protection
CHEDULE 5 1
¡S
ECTIONAL DEFINITIONS 2
S
section 4(2) 3
of "chief executive officer" 4
Meaning
1.(1) The "chief executive officer" of an appropriate entity includes, if 5
the entity is listed in Schedule 1, a person specified in the Schedule as chief 6
executive officer of the entity. 7
(2) A regulation may specify a person who is to be treated as a chief 8
executive officer of a particular public sector entity for all or particular 9
public interest disclosures. 10
(3) The object of a specification under Schedule 1 or a regulation is-- 11
(a) to make it easier to identify who is to be treated as the chief 12
executive officer, particularly of entities for which this might 13
otherwise be difficult to decide; or 14
(b) to provide for a person other than a chief executive officer to be 15
also treated as a chief executive officer because the function given 16
to chief executive officers under this Act may also be 17
appropriately given to the person. 18
(4) A regulation under subsection (2) may not specify a chief executive 19
officer for a public sector entity specified in the Schedule 1, other than a part 20
of a department. 21
of "public sector entity" 22
Meaning
2.(1) A "public sector entity" is any of the following-- 23
(a) a committee of the Legislative Assembly; 24
(b) the Parliamentary Service Commission and the Parliamentary 25
Service; 26
(c) a court or tribunal; 27
55
Whistleblowers Protection
SCHEDULE 5 (continued)
(d) the administrative office of a court or tribunal; 1
(e) the Executive Council; 2
(f) a department; 3
(g) a local government; 4
(h) a university, university college, State college or agricultural 5
college; 6
(i) a commission, authority, office, corporation or instrumentality 7
established under an Act or under State or local government 8
authorisation for a public, State or local government purpose; 9
(j) a GOC, but only to the extent indicated under Part 4, Division 5; 10
(k) an entity, prescribed by regulation, that is assisted by public 11
funds. 12
(2) However, the following are not public sector entities-- 13
(a) a GOC, other than to the extent indicated under Part 4, Division 5; 14
(b) the following entities, under or within the meaning of the 15
Education (General Provisions) Act 1989-- 16
(i) a parents and citizens association; 17
(ii) a school that is not a State school; 18
(iii) an advisory committee;39 19
(iv) an international educational institution;40 20
(c) an entity prescribed by regulation. 21
(3) For the purpose of this Act, a State educational institution is part of 22
the department in which the Education (General Provisions) Act 1989 is 23
administered. 24
25
39 See Education (General Provisions) Act 1989, s 9.
40 See Education (General Provisions) Act 1989, s 75.
56
Whistleblowers Protection
CHEDULE 6 1
¡S
ICTIONARY 2
D
section 4(1) 3
"administrative action" is an act or omission of an administrative 4
character done or made by, in or for a public sector entity, and 5
includes, for example-- 6
(a) a decision or failure to decide; and 7
(b) a formulation of a proposal or intention. 8
"agricultural college" means an agricultural college under the Agricultural 9
Colleges Act 1994. 10
"annual report" of a department means the annual report of the 11
department required to be prepared and tabled in the Legislative 12
Assembly under the Financial Administration and Audit Act 1977. 13
"appropriate entity" is a public sector entity to which a public interest 14
disclosure may be made or referred under-- 15
(a) section 26 (Every public sector entity is an appropriate entity for 16
certain things); or 17
(b) section 28 (Disclosure may be referred to an appropriate entity). 18
"chief executive officer" see Schedule 5, section 1. 19
"chief judicial officer" means a judicial officer who is treated under this 20
Act as a chief executive officer of a court or tribunal. 21
"commission of inquiry" means a commission of inquiry under the 22
Commissions of Inquiry Act 1950 and includes an inquiry under a 23
commission mentioned in section 4(2) of that Act. 24
"detriment" includes-- 25
(a) personal injury or prejudice to safety; and 26
(b) property damage or loss; and 27
57
Whistleblowers Protection
SCHEDULE 6 (continued)
(c) intimidation or harassment; and 1
(d) adverse discrimination, disadvantage or adverse treatment about 2
career, profession, employment, trade or business; and 3
(e) threats of detriment; and 4
(f) financial loss from detriment. 5
"disability" of a person has the same meaning as in the Disability Services 6
Act 1992. 7
"environment" has the same meaning as in the Environmental Protection 8
Act 1994. 9
"investigate" includes take evidence. 10
"judicial officer" includes a registrar or deputy registrar of a court or 11
tribunal performing delegated judicial tasks. 12
"maladministration" is administrative action that is unlawful, arbitrary, 13
unjust, oppressive, improperly discriminatory or taken for an improper 14
purpose. 15
"officer" of a public sector entity includes-- 16
(a) a constituent member of the public sector entity, whether holding 17
office by election or selection; and 18
(b) an employee of the public sector entity, whether employed on a 19
permanent or temporary basis; and 20
(c) if the public sector entity is a department--the Minister 21
responsible for its administration. 22
"official misconduct" has the same meaning as in the Criminal Justice Act 23
1989. 24
"proper officer" of a court or tribunal means-- 25
(a) for the Supreme Court, a District Court or the Childrens Court 26
constituted by a Judge--the registrar of the court; or 27
(b) for a Magistrates Court or the Childrens Court constituted other 28
than by a Judge--the clerk of the court; or 29
58
Whistleblowers Protection
SCHEDULE 6 (continued)
(c) for another court or tribunal--the administrative officer in charge 1
of the administrative office attached to the court or tribunal. 2
"public funds" are funds available to, or under the control of, a public 3
sector entity and includes, for example, public moneys within the 4
meaning of the Financial Administration and Audit Act 1977. 5
"public health or safety" includes the health or safety of persons-- 6
(a) under lawful care or control; or 7
(b) using community facilities or services provided by the public or 8
private sector; or 9
(c) in employment workplaces. 10
11
Examples of paragraph (a)--
12
1. Student under the care or control of a teacher.
13
2. Patient under the care or control of a doctor, nurse or other health professional.
14
3. Prisoner under the care and control of a prison officer.
"public interest disclosure" means a disclosure of information specified 15
in sections 15 to 20 made to an appropriate entity and includes all 16
information and help given by the discloser to an appropriate entity. 17
"public officer" is a person who is an officer of a public sector entity, and 18
includes-- 19
(a) a public sector entity that is a corporation; and 20
(b) only to allow a member of the Legislative Assembly to make a 21
public interest disclosure--a member of the Legislative 22
Assembly. 23
"public sector contractor" is a person who contracts with a public sector 24
entity to supply goods to the entity or services to the entity other than 25
as an employee. 26
"public sector entity" see Schedule 5, section 2. 27
"Regional Health Authority" means a Regional Health Authority 28
established under the Health Services Act 1991. 29
"relevant court or tribunal" of a judicial officer is the court or tribunal of 30
59
Whistleblowers Protection
SCHEDULE 6 (continued)
which the judicial officer is a member or is attached. 1
"relevant department" means-- 2
(a) for a Regional Health Authority--the chief executive of the 3
department in which the Health Services Act 1991 is 4
administered; or 5
(b) for an administrative office attached to a court or tribunal--the 6
department in which is administered the Act under which the 7
court or tribunal is established. 8
"reprisal" see section 41. 9
"State college" has the same meaning as in the Vocational Education, 10
Training and Employment Act 1991. 11
"State educational institution" has the same meaning as in the Education 12
(General Provisions) Act 1989. 13
"tribunal" means-- 14
(a) a tribunal constituted by a person acting judicially; or 15
(b) a body or person performing a function under an Act to hear 16
appeals by employees about dismissal from employment, 17
disciplinary action or other unfair treatment; or 18
(c) a commission of inquiry; or 19
(d) a Misconduct Tribunal within the meaning of the Criminal Justice 20
Act 1989. 21
22
© State of Queensland 1994
[Index] [Search] [Download] [Related Items] [Help]