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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Whistleblowers Protection Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Disclosure by Ombudsman 2
4 New section 22A inserted 2
22A Ombudsman may disclose identity of person against
whom protected disclosure is made if in public interest 2
5 Opportunity to be heard 3
6 New section 111C inserted 4
111C Transitional provision--Whistleblowers Protection
Amendment Act 2008 4
7 Repeal of amending Act 5
ENDNOTES 6
561255B.I-30/7/2008 i BILL LA INTRODUCTION 30/7/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Whistleblowers Protection Amendment
Bill 2008
A Bill for an Act to amend the Whistleblowers Protection Act 2001
in relation to certain reports by the Ombudsman to be laid before each
House of Parliament and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the
Whistleblowers Protection Act 2001 in relation
to certain reports by the Ombudsman to be laid
5 before each House of Parliament.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
561255B.I-30/7/2008 1 BILL LA INTRODUCTION 30/7/2008
Whistleblowers Protection Amendment Bill 2008
s. 3
3 Disclosure by Ombudsman
See: (1) In section 22(3) of the Whistleblowers
Act No.
36/2001. Protection Act 2001, for "The Ombudsman or a
Reprint No. 1 public body" substitute "A public body".
as at
21 July 2005
5 and
(2) After section 22(3) of the Whistleblowers
amending Protection Act 2001 insert--
Act Nos
18/2005, "(3A) The Ombudsman must not in a report
24/2006,
48/2006 and referred to in section 102 disclose particulars
28/2007. likely to lead to the identification of a person
LawToday:
10 www. against whom a protected disclosure is
legislation. made.".
vic.gov.au
4 New section 22A inserted
After section 22 of the Whistleblowers
Protection Act 2001 insert--
15 "22A Ombudsman may disclose identity of
person against whom protected disclosure
is made if in public interest
(1) The Ombudsman may disclose in a report
referred to in section 103 particulars likely to
20 lead to the identification of a person against
whom a protected disclosure is made if the
Ombudsman determines that it is in the
public interest to do so.
(2) In determining whether it is in the public
25 interest to disclose the particulars referred to
in subsection (1), the matters to be
considered by the Ombudsman must
include--
(a) the nature of the particulars to be
30 disclosed; and
(b) the public interest to be served by the
disclosure; and
561255B.I-30/7/2008 2 BILL LA INTRODUCTION 30/7/2008
Whistleblowers Protection Amendment Bill 2008
s. 5
(c) the reasons why confidentiality is not
appropriate; and
(d) whether the public interest could be met
in a manner that is unlikely to lead to
5 the identification of the person.
(3) If the Ombudsman includes in a report
referred to in section 103 particulars likely to
lead to the identification of a person against
whom a protected disclosure is made, the
10 Ombudsman must set out in that report the
reasons why the Ombudsman considers that
the disclosure is in the public interest.".
5 Opportunity to be heard
(1) In section 61(1) of the Whistleblowers
15 Protection Act 2001, for "or Part 8" substitute
", Part 8 or section 103".
(2) After section 61(1) of the Whistleblowers
Protection Act 2001 insert--
"(1A) For the purposes of subsection (1), the
20 Ombudsman must provide the person who is
subject to the adverse comment with--
(a) details of the adverse comment; and
(b) either--
(i) a copy of the parts of the report
25 that relate to the adverse
comment; or
(ii) information about the adverse
comment--
that would adequately enable the
30 person to put forward any defence that
the person may want to be set out in the
report.".
561255B.I-30/7/2008 3 BILL LA INTRODUCTION 30/7/2008
Whistleblowers Protection Amendment Bill 2008
s. 6
6 New section 111C inserted
After section 111B of the Whistleblowers
Protection Act 2001 insert--
"111C Transitional provision--Whistleblowers
5 Protection Amendment Act 2008
(1) Subject to subsections (2) and (3), this Act,
as amended by the Whistleblowers
Protection Amendment Act 2008, applies
to any report laid before a House of
10 Parliament under section 103 after the
commencement of that Act even if--
(a) an investigation to which the report
relates was commenced or conducted
before that commencement;
15 (b) a disclosure to which the report relates
was made before that commencement.
(2) Subsection (1) does not apply to any report
that relates to an investigation commenced or
conducted before the commencement of the
20 Whistleblowers Protection Amendment
Act 2008 if a report in relation to that
investigation had been previously made
under section 63.
(3) Subsection (1) does not apply to any report
25 that relates to a disclosure that was made
before the commencement of the
Whistleblowers Protection Amendment
Act 2008 if a report in relation to that
disclosure had been previously laid before a
30 House of Parliament under section 103.".
561255B.I-30/7/2008 4 BILL LA INTRODUCTION 30/7/2008
Whistleblowers Protection Amendment Bill 2008
s. 7
7 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561255B.I-30/7/2008 5 BILL LA INTRODUCTION 30/7/2008
Whistleblowers Protection Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561255B.I-30/7/2008 6 BILL LA INTRODUCTION 30/7/2008
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