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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Whistleblowers (Disclosure to
Member of Parliament)
Amendment Bill 2006
Queensland
Whistleblowers (Disclosure to Member of
Parliament) Amendment Bill 2006
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 10 (How must a public interest disclosure be
made (pt 4)?) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 26 (Every public sector entity is an appropriate
entity for certain things) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 27 (How to disclose to appropriate entity) . . . . . 5
7 Amendment of s 28 (Disclosure may be referred to an
appropriate entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Insertion of new ss 28A-28B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
28A Disclosure received by member of Legislative
Assembly may be referred . . . . . . . . . . . . . . . . . . . . . 6
28B Legislative Assembly may still deal with disclosure . . 6
9 Amendment of s 29 (Records must be kept of disclosures) . . . . . 7
10 Amendment of s 30 (Units must report to Legislative Assembly
on disclosures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Amendment of s 31 (Minister must report to Legislative
Assembly on Act's administration) . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 32 (Reasonable information about result of
disclosure must be given to discloser or referring agency) . . . . . 8
13 Amendment of s 34 (Disclosures made administratively to or
about a judicial officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Amendment of sch 5 (Sectional definitions) . . . . . . . . . . . . . . . . . 8
15 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9
2006
A Bill
for
An Act to amend the Whistleblowers Protection Act 1994
s1 4 s4
Whistleblowers (Disclosure to Member of Parliament)
Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Whistleblowers (Disclosure to 3
Member of Parliament) Amendment Act 2006. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Whistleblowers Protection Act 1994. 8
Clause 4 Amendment of s 10 (How must a public interest 9
disclosure be made (pt 4)?) 10
(1) Section 10(1), after `under the division'-- 11
insert-- 12
`or to a member of the Legislative Assembly who may refer it 13
to a public sector entity identified under the division'. 14
(2) Section 10(2)(a), after `made'-- 15
insert-- 16
`or referred'. 17
(3) Section 10(3), `unit'-- 18
omit, insert-- 19
`entity'. 20
(4) Section 10(3)(b), after `appropriate entity'-- 21
insert-- 22
`, if it is a public sector entity'. 23
s5 5 s7
Whistleblowers (Disclosure to Member of Parliament)
Amendment Bill 2006
Clause 5 Amendment of s 26 (Every public sector entity is an 1
appropriate entity for certain things) 2
(1) Section 26, heading-- 3
omit, insert-- 4
`26 When public sector entity or member of Legislative 5
Assembly is an appropriate entity'. 6
(2) Section 26(2)-- 7
omit, insert-- 8
`(1A) A member of the Legislative Assembly is an appropriate 9
entity to receive any public interest disclosure. 10
`(2) However, subsection (1)(c) or (1A) does not permit a public 11
sector entity or member of the Legislative Assembly to 12
receive a public interest disclosure if, apart from this section, 13
the public sector entity or member would not be able to 14
receive the disclosure because of division 4, 5 or 6.'. 15
Clause 6 Amendment of s 27 (How to disclose to appropriate 16
entity) 17
Section 27(3), after `appropriate entity'-- 18
insert-- 19
`that is a public sector entity'. 20
Clause 7 Amendment of s 28 (Disclosure may be referred to an 21
appropriate entity) 22
(1) Section 28, heading-- 23
omit, insert-- 24
`28 Disclosure received by public sector entity may be 25
referred'. 26
(2) Before section 28(1)-- 27
insert-- 28
`(1A) This section applies if a public interest disclosure is received 29
by an appropriate entity that is a public sector entity or is 30
referred to the entity under section 28A.'. 31
s8 6 s8
Whistleblowers (Disclosure to Member of Parliament)
Amendment Bill 2006
(3) Section 28(1), `a public interest disclosure received by an 1
appropriate entity'-- 2
omit, insert-- 3
`the public interest disclosure'. 4
Clause 8 Insertion of new ss 28A-28B 5
Part 4, division 2, after section 28-- 6
insert-- 7
`28A Disclosure received by member of Legislative 8
Assembly may be referred 9
`(1) If a member of the Legislative Assembly receives a 10
disclosure, the member may refer the disclosure to another 11
appropriate entity that is a public sector entity which the 12
member considers has power to investigate or remedy the 13
conduct the subject of the disclosure. 14
`(2) For the purposes of this Act, the member has no role in 15
investigating the disclosure. 16
`(3) In this section-- 17
disclosure means a public interest disclosure or purported 18
public interest disclosure. 19
`28B Legislative Assembly may still deal with disclosure 20
`(1) This Act does not limit the powers, rights and immunities of 21
the Legislative Assembly and its members and committees in 22
relation to a disclosure received by a member. 23
`(2) In this section-- 24
committee means a committee of the Legislative Assembly, 25
whether or not a statutory committee. 26
disclosure means a public interest disclosure or purported 27
public interest disclosure. 28
member means a member of the Legislative Assembly. 29
rights includes privileges.'. 30
s9 7 s 10
Whistleblowers (Disclosure to Member of Parliament)
Amendment Bill 2006
Clause 9 Amendment of s 29 (Records must be kept of 1
disclosures) 2
(1) Section 29-- 3
insert-- 4
`(4) The chief executive officer of a public sector entity must also 5
ensure that a proper record is kept about each disclosure 6
referred to the public sector entity under section 28A, 7
including-- 8
(a) the name of the person making the disclosure, if known; 9
and 10
(b) the information disclosed; and 11
(c) the name of the member of the Legislative Assembly 12
who referred the disclosure; and 13
(d) any action taken on the disclosure.'. 14
(2) Section 29(1)-- 15
relocate and renumber as section 29(5). 16
(3) Section 29(2) to (5)-- 17
renumber as section 29(1) to (4). 18
Clause 10 Amendment of s 30 (Units must report to Legislative 19
Assembly on disclosures) 20
(1) Section 30(2)(a), after `it'-- 21
insert-- 22
`, or referred to it under section 28A,'. 23
(2) Section 30(2)(b), after `received'-- 24
insert-- 25
`, or referred under section 28A,'. 26
(3) Section 30(1)-- 27
relocate and renumber as section 30(3). 28
(4) Section 30(2) and (3)-- 29
renumber as section 30(1) and (2). 30
s 11 8 s 14
Whistleblowers (Disclosure to Member of Parliament)
Amendment Bill 2006
Clause 11 Amendment of s 31 (Minister must report to Legislative 1
Assembly on Act's administration) 2
(1) Section 31(1)-- 3
relocate and renumber as section 31(5). 4
(2) Section 30(2) to (5)-- 5
renumber as section 31(1) to (4). 6
Clause 12 Amendment of s 32 (Reasonable information about result 7
of disclosure must be given to discloser or referring 8
agency) 9
(1) Section 32, heading, `referring agency'-- 10
omit, insert-- 11
`referring entity'. 12
(2) Section 32(1)-- 13
omit, insert-- 14
`(1) If asked by a person who makes a public interest disclosure to 15
it or by an entity that has referred a public interest disclosure 16
to it under section 28 or 28A, an appropriate entity must give 17
the person or the referring entity reasonable information about 18
action taken on the disclosure and the results.'. 19
Clause 13 Amendment of s 34 (Disclosures made administratively 20
to or about a judicial officer) 21
Section 34(7), after `appropriate entity'-- 22
insert-- 23
`that is a public sector entity'. 24
Clause 14 Amendment of sch 5 (Sectional definitions) 25
Schedule 5, section 1(1), after `appropriate entity'-- 26
insert-- 27
`that is a public sector entity'. 28
s 15 9 s 15
Whistleblowers (Disclosure to Member of Parliament)
Amendment Bill 2006
Clause 15 Amendment of sch 6 (Dictionary) 1
(1) Schedule 6, definition appropriate entity-- 2
omit, insert-- 3
`appropriate entity means-- 4
(a) a public sector entity to which a public interest 5
disclosure may be made under section 26 or referred 6
under section 28 or 28A; or 7
(b) a member of the Legislative Assembly.'. 8
(2) Schedule 6, definition officer-- 9
insert-- 10
`(ba) without limiting paragraph (b), an individual engaged by 11
the public sector entity under a contract of service; and'. 12
(3) Schedule 6, definition officer, paragraphs (ba) and (c)-- 13
renumber as paragraphs (c) and (d). 14
(4) Schedule 6, definition public officer, paragraph (b)-- 15
omit, insert-- 16
`(b) a member of the Legislative Assembly, but only-- 17
(i) to allow a member of the Legislative Assembly to 18
make a public interest disclosure; or 19
(ii) for the purposes of sections 55 and 57.'. 20
21
© State of Queensland 2006
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