Queensland Consolidated Acts

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WHISTLEBLOWERS PROTECTION ACT 1994 - SECT 10

10 How must a public interest disclosure be made (pt 4)?

(1) Under part 4, division 2, a public interest disclosure must be made to an appropriate entity, which is a public sector entity identified under the division or to a member of the Legislative Assembly who may refer it to a public sector entity identified under the division.

(2) This requirement ensures that--

(a) public interest disclosures are made or referred to public sector entities that have responsibility or power to take appropriate action about the information disclosed or to provide an appropriate remedy; and
(b) unfair damage is not caused to the reputations of persons against whom disclosures are made by inappropriate publication of unsubstantiated disclosures.

(3) Under the division, a public interest disclosure may be made to an appropriate entity--

(a) in any way, unless certain exceptions apply including, for example, another law requiring a particular procedure or the appropriate entity having established reasonable procedures; and
(b) despite any exception otherwise applying, always to specified persons within the appropriate entity, if it is a public sector entity, including the appropriate entity's chief executive officer.

(4) Under part 4, division 3--

(a) public sector entities receiving public interest disclosures are required to keep proper records about them, because of the special protection given for public interest disclosures; and
(b) certain information about public interest disclosures is required to be provided annually to the Legislative Assembly; and
(c) reasonable information about action taken on a public interest disclosure made or referred to an appropriate entity, and the results, is required to be given to the discloser or referrer.

(5) Part 4, division 4 provides for the application of the Act to courts, tribunals and judicial officers in a way intended to prevent the Act's administration adversely affecting judicial work or independence.

(6) Part 4, division 5 provides for the application of the Act to GOCs in a way intended to prevent the Act's administration adversely affecting GOCs commercial operations.

(7) Part 4, division 6 provides for the application of the Act to corporatised corporations in a way intended to prevent the Act's administration adversely affecting corporatised corporation's commercial operations.



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