PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 40 Matters that do not have to be investigated
PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 40
Matters that do not have to be investigated
(1) The Ombudsman may decide not to investigate a disclosed matter (a) if in the opinion of the Ombudsman the disclosure is trivial, vexatious, misconceived or lacking in substance; or(b) if the subject matter of the disclosure has already been adequately dealt with by the Ombudsman or a public body, statutory authority, Commonwealth statutory authority, commission, court or tribunal; or(c) if the person making the disclosure has commenced proceedings in a commission, court or tribunal in relation to the same matter, and that commission, court or tribunal has power to order remedies similar to those available under this Act; or(d) if the person making the disclosure had knowledge for more than 12 months of the disclosed matter before making the disclosure and failed to give a satisfactory explanation for the delay in making the disclosure; or(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 and the additional disclosure does not provide significant or substantial new information.(i) is not a public interest disclosure; or(ii) is a matter which does not have to be investigated under this Act (2) The Ombudsman must (a) within a reasonable time, notify the person making the disclosure of his or her decision under subsection (1) not to investigate the disclosed matter; and(b) give reasons for that decision.