AustLII Tasmanian Consolidated Acts

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PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 30

PART 5 - Determination of public interest disclosures Division 1 - Determination by Ombudsman of public interest disclosures 30. Determination by Ombudsman of disclosure as public interest disclosure

      (1) If a person makes a disclosure to the Ombudsman in accordance with Part 2, the Ombudsman must, within a reasonable time after receiving the disclosure, determine whether the disclosure is a public interest disclosure.

      (2) In making a determination under subsection (1), the Ombudsman must be satisfied that the disclosure shows or tends to show that a public officer or public body –

(a) has engaged, is engaging or proposes to engage in improper conduct in their capacity as a public officer or public body; or

(b) has taken, is taking or proposes to take detrimental action in contravention of section 19.

      (3) This section does not apply to a disclosure that has been referred to the State Service Commissioner under Part 4 and that the State Service Commissioner has decided to deal with under the State Service Act 2000.



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