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TASMANIA
__________
PUBLIC INTEREST DISCLOSURES AMENDMENT
BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title amended
5. Section 3 amended (Interpretation)
6. Section 4 substituted
4. Public bodies and officers
7. Section 6 amended (Disclosures about improper conduct or
detrimental action)
8. Section 7 amended (Persons to whom disclosures may be made)
9. Section 7A inserted
7A. Disclosures by other persons
10. Section 8 amended (Anonymous disclosure)
11. Section 13 substituted
13. Application of Part
12. Section 15 amended (Certain further information also protected)
13. Section 17 amended (Confidentiality provisions do not apply)
14. Section 23 amended (Offence to reveal confidential information)
15. Section 24 repealed
16. Section 27 amended (Referral of disclosure to State Service
Commissioner)
[Bill 86]-I
17. Part 4A inserted
PART 4A Disclosure made to Integrity Commission
29A. Action by Integrity Commission on receipt of
disclosure
29B. Referral of disclosure to Integrity Commission
29C. Action by Integrity Commission on referred
disclosure
29D. Notice of referral
18. Section 33 amended (Determination by public body of disclosure
as public interest disclosure)
19. Section 35 amended (Procedure where public body determines
disclosure not to be public interest disclosure)
20. Section 36 repealed
21. Section 38 amended (Functions of Ombudsman under this Act)
22. Section 39A inserted
39A. Investigation to be completed as soon as practicable
23. Section 40 amended (Matters that do not have to be investigated)
24. Section 46 amended (Notice of investigation)
25. Section 56 amended (Report on investigation)
26. Section 60 substituted
60. Public body to establish procedures that comply with
guidelines and standards
27. Section 62 amended (Review of procedures)
28. Sections 62A and 62B inserted
62A. Role of principal officer
62B. Delegation by principal officer
29. Section 64 amended (Matters that do not have to be investigated)
30. Section 65 amended (Decision by public body not to investigate)
31. Section 66 repealed
32. Section 68 amended (Referral to Ombudsman by public body)
33. Section 71 amended (Ombudsman's powers in relation to certain
investigations)
34. Section 77A inserted
77A. Investigations to be completed within 6 months
35. Section 84 amended (Annual report by Ombudsman)
36. Section 87 amended (Offence to make false disclosure)
2
37. Repeal of Act
3
4
PUBLIC INTEREST DISCLOSURES AMENDMENT
BILL 2009
(Brought in by the Minister for Justice, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Public Interest Disclosures Act 2002
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Public Interest
Disclosures Amendment Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Public Interest Disclosures Act
2002* is referred to as the Principal Act.
*No. 16 of 2002
THIS BILL IS COGNATE WITH THE INTEGRITY COMMISSION BILL 2009
[Bill 86] 5
Public Interest Disclosures Amendment Act 2009
Act No. of
s. 4
4. Long title amended
The long title of the Principal Act is amended by
inserting "to provide all parties involved in
those disclosures with natural justice" after
"with".
5. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting "police force" from the
definition of "agency" and substituting
"Police Service";
(b) by omitting the definition of "contractor"
and substituting the following definition:
"contractor" means
(a) a person who at any time
has entered into a contract
with a public body for the
supply of goods or
services to, or on behalf
of, the public body; or
(b) an employee of the
contractor; or
(c) a subcontractor engaged
by the contractor to fulfil
all or part of a contract
with a public body for the
supply of goods or
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Act No. of
s. 5
services to, or on behalf
of, the public body;
(c) by inserting the following definition after
the definition of "councillor":
"council-owned company" means a
company incorporated under the
Corporations Act that is
controlled by one or more
councils or another company that
is so controlled;
(d) by omitting the definitions of "improper
conduct" and "police force" and
substituting the following definitions:
"improper conduct" means
(a) conduct that constitutes
an illegal or unlawful
activity; or
(b) corrupt conduct; or
(c) conduct that constitutes
maladministration; or
(d) conduct that constitutes
professional misconduct;
or
(e) conduct that constitutes a
waste of public resources;
or
(f) conduct that constitutes a
danger to public health or
7
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Act No. of
s. 5
safety or to both public
health and safety; or
(g) conduct that constitutes a
danger to the
environment; or
(h) misconduct, including
breaches of applicable
codes of conduct; or
(i) conduct that constitutes
detrimental action against
a person who makes a
public interest disclosure
under this Act
that is serious or significant as
determined in accordance with
guidelines issued by the
Ombudsman;
"Integrity Commission" has the same
meaning as in the Integrity
Commission Act 2009;
"Joint Committee" has the same
meaning as in the Integrity
Commission Act 2009;
"principal officer" means
(a) the Secretary of a State
Service Agency; or
(b) the general manager of a
council, but only in
8
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Act No. of
s. 5
relation to the employees
of that council; or
(c) the chief executive officer
of a State-owned
company or council-
owned company; or
(d) the chief executive officer
of a Government Business
Enterprise; or
(e) the principal
administrative officer of a
public body; or
(f) such other person as may
be prescribed;
(e) by inserting the following definitions
after the definition of "protected
disclosure":
"Public Accounts Committee" means
the Parliamentary Standing
Committee of Public Accounts
established under the Public
Accounts Committee Act 1970;
"public interest disclosure officer"
means a person appointed as a
public interest disclosure officer
under section 62A;
(f) by omitting the definitions of "public
body" and "public officer" and
substituting the following definitions:
9
Public Interest Disclosures Amendment Act 2009
Act No. of
s. 6
"public body" means a public body
referred to in section 4;
"public officer" means a public
officer referred to in section 4;
6. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following section is substituted:
4. Public bodies and officers
(1) Subject to subsection (3), the following
bodies and authorities are public bodies
for the purposes of this Act:
(a) the Parliament of Tasmania;
(b) a State Service Agency;
(c) the Police Service;
(d) a council;
(e) a Government Business
Enterprise;
(f) a State-owned Company;
(g) a council-owned company;
(h) a body or authority, whether
incorporated or not, whose
members or a majority of whose
members are appointed by the
Governor or a Minister;
10
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Act No. of
s. 6
(i) any other prescribed body or
authority, whether incorporated
or not
(i) to which any money is
paid by way of
appropriation from the
Public Account; or
(ii) over which the
Government or a Minister
exercises control.
(2) Subject to subsection (3), the following
persons are public officers for the
purposes of this Act:
(a) a Member of Parliament;
(b) a councillor;
(c) a member, officer or employee of
a public body;
(d) a member of the governing body
of a public body;
(e) an employee of a council;
(f) any person performing functions
under the Parliamentary
Privilege Act 1898;
(g) a person employed in an office of
a Minister, Parliamentary
Secretary or other Member of
Parliament whether in accordance
with the State Service Act 2000,
11
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s. 6
Parliamentary Privilege Act 1898
or otherwise;
(h) any person performing functions
under the Governor of Tasmania
Act 1982;
(i) a person appointed to an office by
the Governor or a Minister under
an Act.
(3) The following bodies are not public
bodies for the purposes of this Act:
(a) a court;
(b) a tribunal;
(c) the Tasmanian Industrial
Commission;
(d) the Integrity Commission;
(e) any other prescribed body.
(4) The following persons are not public
officers for the purposes of this Act:
(a) the Governor of Tasmania;
(b) a judge of the Supreme Court;
(c) the Associate Judge of the
Supreme Court;
(d) a magistrate of the Magistrates
Court;
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Act No. of
s. 7
(e) the Director of Public
Prosecutions;
(f) any other prescribed person.
7. Section 6 amended (Disclosures about improper
conduct or detrimental action)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "on
reasonable grounds";
(b) by omitting from subsection (2) "on
reasonable grounds".
8. Section 7 amended (Persons to whom disclosures
may be made)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) if the disclosure relates to a
member, officer or employee of a
public body other than the Police
Service, that public body, the
Integrity Commission or the
Ombudsman; or
13
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Act No. of
s. 8
(b) by inserting in subsection (1)(c) "the
Integrity Commission," after "body,";
(c) by omitting from subsection (1)(c)
"Commissioner." and substituting
"Commissioner; or";
(d) by inserting the following paragraph after
paragraph (c) in subsection (1):
(d) the Integrity Commission.
(e) by omitting from subsection (2) "police
force" and substituting "Police Service";
(f) by inserting the following subsections
after subsection (5):
(5A) A disclosure that relates to
persons employed under the
provisions of the Parliamentary
Privilege Act 1898 is to be made
to the Ombudsman or the
Integrity Commission.
(5B) A disclosure that relates to the
Auditor-General is to be made to
the chairman of the Public
Accounts Committee.
(5C) A disclosure that relates to the
State Service Commissioner is to
be made to the Joint Committee.
(5D) A disclosure that relates to the
Ombudsman is to be made to the
Joint Committee.
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s. 9
(5E) A disclosure that relates to a
person employed in an office of a
Minister, Parliamentary Secretary
or other Member of Parliament is
to be made to the Ombudsman.
9. Section 7A inserted
After section 7 of the Principal Act, the
following section is inserted in Part 2:
7A. Disclosures by other persons
A person to whom a disclosure may be
made under this Part may, if the person
considers that it would be in the public
interest to do so, treat any other person
who is not a public officer or a contractor
as a contractor for the purposes of this
Act.
10. Section 8 amended (Anonymous disclosure)
Section 8 of the Principal Act is amended by
inserting "if the person receiving the disclosure
is satisfied that the disclosure is being made by a
public officer or a contractor" after "anonymous
disclosure".
11. Section 13 substituted
Section 13 of the Principal Act is repealed and
the following section is substituted:
15
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Act No. of
s. 12
13. Application of Part
(1) This Part only applies to a protected
disclosure.
(2) This Part does not apply to a person who
has been convicted of an offence against
section 87 in relation to the disclosure
that is the subject of the conviction.
12. Section 15 amended (Certain further information
also protected)
Section 15 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Subject
to section 24, if" and substituting "If";
(b) by inserting the following paragraphs
after paragraph (e) in subsection (2):
(ea) the chairman of the Public
Accounts Committee; or
(eb) the Joint Committee; or
(c) by inserting the following subsection
after subsection (2):
(3) If a person provides further
information, relating to a matter
already determined to be a public
interest disclosure, through a
process under this Act, that
further information is to be
16
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Act No. of
s. 13
treated as if it were a protected
disclosure for the purposes of this
Part.
13. Section 17 amended (Confidentiality provisions do
not apply)
Section 17(2) of the Principal Act is amended by
inserting ", except where the further disclosure
of information is made in accordance with this
Act" after "made".
14. Section 23 amended (Offence to reveal confidential
information)
Section 23(1)(a) of the Principal Act is amended
by inserting ", the chairman of the Public
Accounts Committee, the Integrity Commission"
after "Commissioner".
15. Section 24 repealed
Section 24 of the Principal Act is repealed.
16. Section 27 amended (Referral of disclosure to State
Service Commissioner)
Section 27 of the Principal Act is amended by
omitting "reasonably suspects" and substituting
"considers".
17
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s. 17
17. Part 4A inserted
After section 29 of the Principal Act, the
following Part is inserted:
PART 4A DISCLOSURE MADE TO INTEGRITY
COMMISSION
29A. Action by Integrity Commission on receipt
of disclosure
If a person makes a disclosure to the
Integrity Commission in accordance with
Part 2, the Integrity Commission may
(a) deal with the disclosure under the
Integrity Commission Act 2009;
or
(b) refer the disclosure to the
Ombudsman or a public body, as
the case may require, to be dealt
with as if it were a disclosure
made to the Ombudsman or
public body in accordance with
Part 2.
29B. Referral of disclosure to Integrity
Commission
If a person makes a disclosure to the
Ombudsman or a public body in
accordance with Part 2 and the
Ombudsman or public body considers
that the disclosure relates to misconduct
18
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Act No. of
s. 17
as defined in the Integrity Commission
Act 2009, the Ombudsman or public
body may refer the disclosure to the
Integrity Commission.
29C. Action by Integrity Commission on referred
disclosure
If a disclosure is referred to the Integrity
Commission by the Ombudsman or a
public body under section 29B, the
Integrity Commission may
(a) deal with the disclosure under the
Integrity Commission Act 2009;
or
(b) refer the disclosure to the
Ombudsman or public body, as
the case may require, to be dealt
with as if it were a disclosure
made to the Ombudsman or
public body in accordance with
Part 2.
29D. Notice of referral
(1) If the Ombudsman or a public body
refers a disclosure to the Integrity
Commission under this Part, the
Ombudsman or public body must, within
a reasonable time, notify the person who
made the disclosure of that referral.
19
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Act No. of
s. 18
(2) If a disclosure is referred to the Integrity
Commission under section 29B, the
Integrity Commission must, within a
reasonable time, notify the referring body
and the person who made the disclosure
of its decision made under section 29C.
(3) This section does not apply in respect of
a person who made an anonymous
disclosure.
18. Section 33 amended (Determination by public body
of disclosure as public interest disclosure)
Section 33 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) This section does not apply to a
disclosure that has been referred to the
Integrity Commission under Part 4A and
that the Integrity Commission has
decided to deal with under the Integrity
Commission Act 2009.
19. Section 35 amended (Procedure where public body
determines disclosure not to be public interest
disclosure)
Section 35 of the Principal Act is amended as
follows:
20
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Act No. of
s. 20
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) notify the Ombudsman that the
public body has determined that
the disclosure is not a public
interest disclosure.
(b) by omitting subsection (2) and
substituting the following subsections:
(2) On receipt of a notification that a
public body has determined that a
disclosure is not a public interest
disclosure, the Ombudsman must
review that determination.
(3) Subsection (1)(a) does not apply
in respect of a person who made
an anonymous disclosure.
20. Section 36 repealed
Section 36 of the Principal Act is repealed.
21. Section 38 amended (Functions of Ombudsman
under this Act)
Section 38 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(c) "and
standards" after "guidelines";
21
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Act No. of
s. 21
(b) by inserting the following subparagraph
after subparagraph (iii) in subsection
(1)(c):
(iv) the application of natural justice
to all parties involved in an
investigation of a public interest
disclosure; and
(c) by omitting paragraphs (d) and (e) from
subsection (1) and substituting the
following paragraphs:
(d) to approve procedures developed
by public bodies in accordance
with the guidelines and standards,
and review those procedures at
least once in each 3-year period;
and
(e) to receive notification of all
public interest disclosures made
internally to public bodies; and
(f) to prepare and publish guidelines
and standards for the purpose of
determining whether improper
conduct is serious or significant;
and
(g) to monitor the progress of
investigations by public bodies
under Part 7; and
(h) to provide advice to public bodies
on this Act; and
22
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Act No. of
s. 22
(i) any other function conferred on
the Ombudsman by or under this
Act.
(d) by inserting in subsection (2) "and
standards" after "guidelines";
(e) by omitting from subsection (2)
"subsection (1)(c)" and substituting
"subsection (1)".
22. Section 39A inserted
After section 39 of the Principal Act, the
following section is inserted in Division 2:
39A. Investigation to be completed as soon as
practicable
(1) The Ombudsman must complete
investigations of disclosures made to him
or her as soon as practicable after
determining the disclosure is a public
interest disclosure, unless a decision is
made not to investigate under section 40,
and must report to Parliament any
investigation which extends beyond 12
months.
(2) The report to Parliament is to include
details of the type of improper conduct,
details of progress to the date of the
report and the reasons why the
investigation is not completed, but must
23
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Act No. of
s. 23
not identify the parties to the
investigation.
23. Section 40 amended (Matters that do not have to be
investigated)
Section 40(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d)
"disclosure." and substituting
"disclosure; or";
(b) by inserting the following paragraphs
after paragraph (d):
(e) if the disclosure relates solely to
the personal interests of the
person making the disclosure; or
(f) if the disclosure is based on false
or misleading information; or
(g) if the matter which is the subject
of the disclosure is a matter in
respect of which a decision has
been made that the matter
(i) is not a public interest
disclosure; or
(ii) is a matter which does not
have to be investigated
under this Act
24
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Act No. of
s. 24
and the additional disclosure does
not provide significant or
substantial new information.
24. Section 46 amended (Notice of investigation)
Section 46(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "chief
executive officer" and substituting
"principal officer";
(b) by omitting from paragraph (b) "either
the relevant Minister or the general
manager of the relevant council" and
substituting "the relevant Minister";
(c) by omitting from paragraph (c) "general
manager of the relevant council" and
substituting "relevant Minister";
(d) by omitting from paragraph (e)
"council." and substituting "council; or";
(e) by inserting the following paragraphs
after paragraph (e):
(f) if the disclosed matter relates to a
person performing functions
under the Parliamentary
Privilege Act 1898
(i) in the House of
Assembly, the Speaker of
the House; and
25
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Act No. of
s. 25
(ii) in the Legislative Council,
the President of the
Council; or
(g) if the disclosed matter relates to a
person employed in an office of a
Minister, Parliamentary Secretary
or other Member of Parliament,
whether in accordance with the
State Service Act 2000,
Parliamentary Privilege Act 1898
or otherwise, the Minister
administering this Act.
25. Section 56 amended (Report on investigation)
Section 56(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "chief
executive officer" and substituting
"principal officer";
(b) by omitting from paragraph (b) "either
the relevant Minister or the general
manager of the relevant council" and
substituting "the relevant Minister";
(c) by omitting from paragraph (c) "general
manager of the relevant council" and
substituting "relevant Minister";
(d) by omitting from paragraph (e)
"council." and substituting "council; or";
26
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Act No. of
s. 26
(e) by inserting the following paragraphs
after paragraph (e):
(f) in the case of a person performing
functions under the
Parliamentary Privilege Act
1898
(i) in the House of
Assembly, the Speaker of
the House; and
(ii) in the Legislative Council,
the President of the
Council; or
(g) in the case of a person employed
in an office of a Minister,
Parliamentary Secretary or other
Member of Parliament, whether
in accordance with the State
Service Act 2000, Parliamentary
Privilege Act 1898 or otherwise,
the Minister administering this
Act.
26. Section 60 substituted
Section 60 of the Principal Act is repealed and
the following section is substituted:
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Act No. of
s. 27
60. Public body to establish procedures that
comply with guidelines and standards
(1) A public body is to establish procedures
that comply with any guidelines and
standards referred to in section 38(1)(c).
(2) The procedures established by a public
body under subsection (1) are to include
procedures for the protection of the
welfare of a person making a disclosure.
(3) A public body is to submit its procedures
to the Ombudsman for approval, and is to
submit its procedures to the Ombudsman
at least once in each 3-year period
following the initial approval.
27. Section 62 amended (Review of procedures)
Section 62 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "and
standards, but must review the
procedures at least once in each 3-year
period following approval under
section 60(3)" after "guidelines";
(b) by inserting in subsection (2) "and
standards" after "guidelines".
28
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Act No. of
s. 28
28. Sections 62A and 62B inserted
After section 62 of the Principal Act, the
following sections are inserted in Division 1:
62A. Role of principal officer
(1) The principal officer is responsible for
(a) preparing procedures for approval
by the Ombudsman; and
(b) receiving public interest
disclosures and ensuring they are
dealt with in accordance with this
Act; and
(c) ensuring the protection of
witnesses; and
(d) ensuring the application of the
principles of natural justice in the
public body's procedures; and
(e) ensuring the promotion of the
importance of public interest
disclosures, including general
education of all staff about the
legislation, and ensuring easy
access to information about both
the legislation and the public
body's procedures; and
(f) providing access, for persons
making a disclosure and others
involved in the process of
investigation, to confidential
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Act No. of
s. 28
employee assistance programs;
and
(g) providing access, for persons
making a disclosure and others
involved in the process of
investigation, to appropriately
trained internal support staff.
(2) The principal officer of a public body is
to appoint one or more persons as public
interest disclosure officers.
(3) A public interest disclosure officer may
be appointed for a period not exceeding 3
years, and may be reappointed for further
periods not exceeding 3 years.
(4) Prior to the appointment or
reappointment of a public interest
disclosure officer, the principal officer
must ensure that the officer to be
appointed or reappointed has the skills
and knowledge to fulfil the role of a
public interest disclosure officer.
62B. Delegation by principal officer
(1) The principal officer may by instrument
in writing delegate to a public interest
disclosure officer specified in the
instrument the performance or exercise
of such of his or her functions or powers
under this Act (other than this power of
delegation) as are specified in the
instrument, and may, by instrument in
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Act No. of
s. 29
writing, revoke wholly or in part any
such delegation.
(2) Notwithstanding any delegation under
this section, the principal officer may
continue to perform or exercise all or any
of the functions or powers delegated.
(3) Any act or thing done by or to a delegate
while acting in the exercise of a
delegation under this section has the
same force and effect as if the act or
thing had been done by or to the
principal officer, and is taken to have
been done by or to the principal officer.
29. Section 64 amended (Matters that do not have to be
investigated)
Section 64 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d)
"disclosure." and substituting
"disclosure; or";
(b) by inserting the following paragraphs
after paragraph (d):
(e) if the disclosure relates solely to
the personal interests of the
person making the disclosure; or
(f) if the disclosure is based on false
or misleading information; or
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s. 30
(g) if the matter which is the subject
of the disclosure has already been
determined and the additional
disclosure does not provide
significant or substantial new
information.
30. Section 65 amended (Decision by public body not to
investigate)
Section 65 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) notify the Ombudsman that the
public body has determined that
the disclosure will not be
investigated.
(b) by omitting subsection (2) and
substituting the following subsections:
(2) On receipt of a notification that a
public body has decided not to
investigate a disclosure matter,
the Ombudsman must review that
decision.
(3) Subsection (1)(a) does not apply
in respect of a person who made
an anonymous disclosure.
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s. 31
31. Section 66 repealed
Section 66 of the Principal Act is repealed.
32. Section 68 amended (Referral to Ombudsman by
public body)
Section 68 of the Principal Act is amended by
omitting "its own investigation is being
obstructed" and substituting "that its own
investigation is being obstructed or that it is
otherwise not within the capacity of the public
body to complete the investigation".
33. Section 71 amended (Ombudsman's powers in
relation to certain investigations)
Section 71(1) of the Principal Act is amended by
omitting "section 69," and substituting
"section 69 or 77A,".
34. Section 77A inserted
After section 77 of the Principal Act, the
following section is inserted in Division 4:
77A. Investigations to be completed within 6
months
(1) A public body must complete an
investigation of a public interest
disclosure as soon as practicable, but, in
any event, not more than 6 months from
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Act No. of
s. 34
the date of the determination that the
disclosure is a public interest disclosure,
unless it makes a decision not to
investigate in accordance with
section 64.
(2) A public body may apply to the
Ombudsman for an extension of up to 6
months in which to complete the
investigation.
(3) The Ombudsman may grant an extension
if he or she considers, having regard to
all the matters involved, that reasonable
progress has been achieved by the public
body.
(4) If the investigation is not completed
within the period referred to in
subsection (1) or within any period of
extension granted by the Ombudsman,
the public body must refer the public
interest disclosure to the Ombudsman
together with all relevant information
within 14 days of the end of that period.
(5) The Ombudsman must complete the
investigation referred to him or her under
subsection (4) as soon as practicable after
receiving the referral.
(6) If the Ombudsman is unable to complete
any investigation referred to him or her
under subsection (4) within 6 months
after receiving the referral, the
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Act No. of
s. 35
Ombudsman must provide the Joint
Committee with a report.
(7) The report referred to in subsection (6) is
to include details of the type of improper
conduct that is the subject of the public
interest disclosure, details of the progress
up to the date of the report and the
reasons why the investigation has not
been completed, but must not identify the
parties to the investigation.
35. Section 84 amended (Annual report by
Ombudsman)
Section 84(a) of the Principal Act is amended by
inserting "and standards" after "guidelines".
36. Section 87 amended (Offence to make false
disclosure)
Section 87(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f) "body."
and substituting "body; or";
(b) by inserting the following paragraphs
after paragraph (f):
(g) the chairman of the Public
Accounts Committee; or
(h) the Joint Committee.
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Act No. of
s. 37
37. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
36 Government Printer, Tasmania