PUBLIC INTEREST DISCLOSURES ACT 2002

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Public bodies and officers
• 5 Act binds Crown

PART 2 - Disclosures of improper conduct and detrimental action

• 6 Disclosures about improper conduct or detrimental action
• 7 Persons to whom disclosures may be made
• 7A Disclosures by other persons
• 8 Anonymous disclosure
• 9 Disclosure may be made where identity of person not known
• 10 Disclosures cannot be made about past conduct
• 11 Legal professional privilege not affected
• 12 Disclosure to Commissioner of Police taken to be disclosure to
public body

PART 3 - Protection

• 13 Application of Part
• 14 Protected disclosure
• 15 Certain further information also protected
• 16 Immunity from liability
• 17 Confidentiality provisions do not apply
• 18 Liability for own conduct
• 19 Protection from reprisal
• 20 Proceedings for damages for reprisal
• 21 Application for injunction or order
• 22 Injunction or order
• 23 Offence to reveal confidential information
• 24 Section 24
• 25 Certain persons continue to be protected

PART 4 -

• 26 Section 26
• 27 Section 27
• 28 Section 28
• 29 Section 29

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
• 29CA Action by Integrity Commission if disclosure relates to member of
Parliament
• 29D Notice of referral

PART 5 - Determination of public interest disclosures Division 1 -

• 30 Determination by Ombudsman of disclosure as public interest disclosure
• 31 Notice of determination
• 32 Notice of alternative procedure

Division 2 - Determination by public bodies of public interest

• 33 Determination by public body of disclosure as public interest
disclosure
• 34 Procedure where public body determines disclosure to be public
interest disclosure
• 35 Procedure where public body determines disclosure not to be public
interest disclosure
• 36 Referral to Ombudsman of disclosures in relation to members of
Parliament
• 37 Determination by Ombudsman

PART 6 - Investigation of public interest disclosures by the

• 38 Functions of Ombudsman under this Act

Division 2 - Requirement to investigate

• 39 Duty to investigate
• 39A Investigation to be completed as soon as practicable
• 40 Matters that do not have to be investigated
• 41 Referral of matters for investigation otherwise than under this Act
• 42 Referral of public interest disclosures to relevant public body for
investigation
• 42A Referral of public interest disclosures in relation to members of
Parliament
• 43 Provision of information by Ombudsman
• 44 Notice of referral

Division 3 - Investigation by Ombudsman

• 45 Procedures for investigation
• 46 Notice of investigation
• 47 Investigation to be private
• 48 Hearing not required
• 49 Taking of evidence
• 50 Disclosure of privileged or confidential information to Ombudsman
• 51 Deliberations of Ministers and Parliamentary committees not to be
disclosed
• 52 Power to enter premises
• 53 Consultation and comment
• 54 Obstruction
• 55 Opportunity to be heard before adverse report

Division 4 - Action on completion of investigation

• 56 Report on investigation
• 57 Notice of implementation of recommendation
• 58 Report to Parliament
• 59 Person who made disclosure to be informed

PART 7 - Investigation of public interest disclosures by public

• 60 Public body to establish procedures that comply with guidelines and
standards
• 61 Availability of procedures
• 62 Review of procedures
• 62A Role of principal officer
• 62B Delegation by principal officer

Division 2 - Requirement to investigate

• 63 Duty to investigate
• 64 Matters that do not have to be investigated
• 65 Decision by public body not to investigate
• 66 Section 66
• 67 Determination by Ombudsman
• 68 Referral to Ombudsman by public body
• 69 Ombudsman may take over investigation
• 70 Provision of information to Ombudsman
• 71 Ombudsman's powers in relation to certain investigations
• 72 Notice of referral

Division 3 - Investigation by public body

• 73 Investigation to be in accordance with procedures
• 74 Information about progress of investigation

Division 4 - Action on investigation

• 75 Action to be taken by public body
• 76 Report on investigation
• 77 Report to person making disclosure
• 77A Investigations to be completed within 6 months

PART 8 -

• 78 Section 78
• 79 Section 79
• 80 Section 80
• 81 Section 81
• 82 Section 82
• 83 Section 83

PART 9 - Annual reports and other reports

• 84 Annual report by Ombudsman
• 85 Other reports by Ombudsman
• 86 Annual reports by public body

PART 10 - General

• 87 Offence to make false disclosure
• 88 Protection of Ombudsman and officers
• 89 Evidence not admissible
• 90 Exemption from Right to Information Act 2009
• 91 Regulations
• 92 Administration of Act

[ Note: This table has been automatically generated and may be incomplete. ]