Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 16 of 2002
- Royal Assent 25 June 2002
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Interpretation
4. 4. Exclusion of certain persons and bodies
5. 5. Act binds Crown
PART 2 - Disclosures of improper conduct and detrimental action
6. 6. Disclosures about improper conduct or detrimental action
7. 7. Persons to whom disclosures may be made
8. 8. Anonymous disclosure
9. 9. Disclosure may be made where identity of person not known
10. 10. Disclosures cannot be made about past conduct
11. 11. Legal professional privilege not affected
12. 12. Disclosure to Commissioner of Police taken to be disclosure
to public body
PART 3 - Protection
13. 13. Application of Part
14. 14. Protected disclosure
15. 15. Certain further information also protected
16. 16. Immunity from liability
17. 17. Confidentiality provisions do not apply
18. 18. Liability for own conduct
19. 19. Protection from reprisal
20. 20. Proceedings for damages for reprisal
21. 21. Application for injunction or order
22. 22. Injunction or order
23. 23. Offence to reveal confidential information
24. 24. Certain further disclosures and further information related to
disclosures are not protected disclosures
25. 25. Certain persons continue to be protected
PART 4 - Disclosure made to State Service Commissioner
26. 26. Action by State Service Commissioner on receipt of disclosure
27. 27. Referral of disclosure to State Service Commissioner
28. 28. Action on referred disclosure by State Service Commissioner
29. 29. Notice of referral
PART 5 - Determination of public interest disclosures Division 1 -
Determination by Ombudsman of public interest disclosures
30. 30. Determination by Ombudsman of disclosure as public interest
disclosure
31. 31. Notice of determination
32. 32. Notice of alternative procedure
Division 2 - Determination by public bodies of public interest
disclosures
33. 33. Determination by public body of disclosure as public interest
disclosure
34. 34. Procedure where public body determines disclosure to be
public interest disclosure
35. 35. Procedure where public body determines disclosure not to be
public interest disclosure
36. 36. Request for referral to Ombudsman
37. 37. Determination by Ombudsman
PART 6 - Investigation of public interest disclosures by the
Ombudsman Division 1 - Functions of Ombudsman
38. 38. Functions of Ombudsman under this Act
Division 2 - Requirement to investigate
39. 39. Duty to investigate
40. 40. Matters that do not have to be investigated
41. 41. Referral of matters for investigation otherwise than under
this Act
42. 42. Referral of public interest disclosures to relevant public
body for investigation
43. 43. Provision of information by Ombudsman
44. 44. Notice of referral
Division 3 - Investigation by Ombudsman
45. 45. Procedures for investigation
46. 46. Notice of investigation
47. 47. Investigation to be private
48. 48. Hearing not required
49. 49. Taking of evidence
50. 50. Disclosure of privileged or confidential information to
Ombudsman
51. 51. Deliberations of Ministers and Parliamentary committees not to
be disclosed
52. 52. Power to enter premises
53. 53. Consultation and comment
54. 54. Obstruction
55. 55. Opportunity to be heard before adverse report
Division 4 - Action on completion of investigation
56. 56. Report on investigation
57. 57. Notice of implementation of recommendation
58. 58. Report to Parliament
59. 59. Person who made disclosure to be informed
PART 7 - Investigation of public interest disclosures by public
bodies Division 1 - Establishment of procedures
60. 60. Public body to establish procedures that comply with
guidelines
61. 61. Availability of procedures
62. 62. Review of procedures
Division 2 - Requirement to investigate
63. 63. Duty to investigate
64. 64. Matters that do not have to be investigated
65. 65. Decision by public body not to investigate
66. 66. Request for referral to Ombudsman
67. 67. Determination by Ombudsman
68. 68. Referral to Ombudsman by public body
69. 69. Ombudsman may take over investigation
70. 70. Provision of information to Ombudsman
71. 71. Ombudsman's powers in relation to certain investigations
72. 72. Notice of referral
Division 3 - Investigation by public body
73. 73. Investigation to be in accordance with procedures
74. 74. Information about progress of investigation
Division 4 - Action on investigation
75. 75. Action to be taken by public body
76. 76. Report on investigation
77. 77. Report to person making disclosure
PART 8 - Investigation of disclosures about members of Parliament
78. 78. Referral of disclosure to Ombudsman
79. 79. Determination of disclosure as public interest disclosure
80. 80. Notice of determination
81. 81. Investigation by Ombudsman
82. 82. Investigations to be conducted in accordance with
Division 3 of Part 6
83. 83. Report on investigation
PART 9 - Annual reports and other reports
84. 84. Annual report by Ombudsman
85. 85. Other reports by Ombudsman
86. 86. Annual reports by public body
PART 10 - General
87. 87. Offence to make false disclosure
88. 88. Protection of Ombudsman and officers
89. 89. Evidence not admissible
90. 90. Exemption from Freedom of Information Act 1991
91. 91. Regulations
92. 92. Administration of Act
[ Note: This table has been automatically generated and may be incomplete. ]