AustLII Tasmanian Consolidated Acts

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PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 33

Division 2 - Determination by public bodies of public interest disclosures 33. Determination by public body of disclosure as public interest disclosure

      (1) If a person makes a disclosure to a public body in accordance with Part 2, the public body must, within 45 days after receiving the disclosure, determine whether the disclosure is a public interest disclosure.

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

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