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PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 56 Report on investigation

PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 56

Division 4 - Action on completion of investigation Report on investigation

(1)  On the completion of an investigation of a disclosed matter the Ombudsman –
(a) must report the findings of the investigation to the relevant person; and
(b) may make recommendations as to the action to be taken as a result of the investigation.
(2)  For the purposes of subsection (1) , the relevant person is –
(a) in the case of a public body or public officer (other than a member of Parliament), either the relevant Minister or the principal officer of the public body; or
(ab) in the case of a public officer who is –
(i) a member of the House of Assembly, the Speaker of the House; and
(ii) a member of the Legislative Council, the President of the Council; or
(b) in the case of the mayor of a council, the relevant Minister; or
(c) in the case of a councillor (other than the mayor), the mayor and the relevant Minister; or
(d) in the case of the general manager of a council –
(i) the relevant Minister; or
(ii) the mayor of that council and a senior officer of that council nominated by that council; or
(e) in the case of any other employee of a council, the mayor and the general manager of the relevant council; or
(f) in the case of a person performing functions under the Parliamentary Privilege Act 1898  –
(i) in the House of Assembly, the Speaker of the House; and
(ii) in the Legislative Council, the President of the Council; or
(g) in the case of a person employed in an office of a Minister, Parliamentary Secretary or other Member of Parliament, whether in accordance with the State Service Act 2000 , Parliamentary Privilege Act 1898 or otherwise, the Minister administering this Act.
(3)  Recommendations under subsection (1) may include –
(a) a recommendation that the disclosed matter be referred to an appropriate authority for further consideration; and
(b) a recommendation that action be taken to remedy any harm or loss arising from the conduct; and
(c) a recommendation that action be taken to prevent the conduct from continuing or occurring in the future.