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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Whistleblowers Protection Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Exclusion of certain persons and bodies 8
PART 2--DISCLOSURES OF IMPROPER CONDUCT 9
5. Who can make a disclosure about improper conduct? 9
6. To whom can a disclosure be made? 9
7. Can a person make an anonymous disclosure? 10
8. Is it necessary to know who has engaged in the conduct about
which the disclosure is made? 10
9. Can a disclosure be about past conduct? 10
10. What if the information is protected by legal professional
privilege? 11
PART 3--PROTECTION OF WHISTLEBLOWERS 12
11. Application of Part 12
12. What is a protected disclosure? 12
13. Certain further information also protected 12
14. Immunity from liability 12
15. Confidentiality provisions do not apply 13
16. Protection from defamation action 13
17. Liability for own conduct 13
18. Protection from reprisal 13
19. Proceedings for damages for reprisal 14
20. Application for injunction or order 14
21. Injunction or order 15
22. Offence to reveal confidential information 15
23. Certain further disclosures and further information related to
disclosures are not protected disclosures 16
PART 4--DETERMINATION OF PUBLIC INTEREST
DISCLOSURES 19
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Division 1--Determination by Ombudsman of public interest
disclosures 19
24. Determination of disclosure as public interest disclosure 19
25. Notice of determination 19
26. Certain complaints under the Police Regulation Act 1958 to be
investigated as public interest disclosures 20
27. Notice of alternative procedure 20
Division 2--Disclosures made to public bodies 21
28. Consideration whether a disclosure is a public interest disclosure 21
29. What happens if the public body concludes that a disclosure is a
public interest disclosure? 21
30. What happens if the public body concludes that a disclosure is
not a public interest disclosure? 22
31. Request for referral to Ombudsman 22
32. Determination by Ombudsman 23
Division 3--Disclosures in relation to members of the police force 23
33. Consideration whether a disclosure is a public interest disclosure 23
34. What happens if it is concluded that a disclosure is a public
interest disclosure? 24
35. What happens if it is concluded that a disclosure is not a public
interest disclosure? 24
36. Request for referral to Ombudsman 25
37. Determination by Ombudsman 25
PART 5--INVESTIGATION OF PUBLIC INTEREST
DISCLOSURES BY THE OMBUDSMAN 26
Division 1--Functions of Ombudsman 26
38. What are the Ombudsman's functions under the Act? 26
Division 2--Requirement to investigate 27
39. Duty to investigate 27
40. Which matters do not have to be investigated? 27
41. Referral of matters for investigation otherwise than under this
Act 27
42. Referral of public interest disclosures to relevant public body for
investigation 28
43. Referral of certain public interest disclosures to Deputy
Ombudsman for investigation 28
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44. Referral of certain public interest disclosures to Chief
Commissioner of Police for investigation 29
45. What information may the Ombudsman provide? 29
46. Notice of referral 29
Division 3--Investigation by Ombudsman 29
47. Procedures for investigation 29
48. Secondment of members of the police force for certain
investigations 30
49. Secondment of others for certain investigations 30
50. Notice of the investigation 31
51. Investigation to be private 32
52. A hearing is not required 32
53. Legal representation 32
54. How is evidence to be taken? 32
55. Power to require answers etc. of members of the police force in
certain investigations 33
56. Can privileged or confidential information be disclosed to the
Ombudsman? 33
57. Deliberations of Ministers and Parliamentary committees not to
be disclosed 34
58. Power to enter premises 35
59. Consultation and comment 35
60. Obstruction 36
61. Opportunity to be heard before adverse report 36
Division 4--Action on completion of investigation 36
62. Report on investigation by Deputy Ombudsman to Ombudsman 37
63. Report on investigation 37
64. Notice of implementation of recommendation 38
65. Implementation of recommendations in relation to members of
the police force 38
66. Report to Parliament 39
67. Person who made disclosure to be informed 39
PART 6--INVESTIGATION OF PUBLIC INTEREST
DISCLOSURES BY PUBLIC BODIES 41
Division 1--Establishment of procedures 41
68. Public body to establish procedures 41
69. Ombudsman's guidelines 41
70. Availability of procedures 42
71. Review of procedures 42
Division 2--Requirement to investigate 43
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72. Duty to investigate 43
73. Referral to Ombudsman by public body 43
74. Request to Ombudsman by person making disclosure 43
75. Ombudsman may take over an investigation 43
76. Provision of information to Ombudsman 44
77. What can the Ombudsman do? 44
78. Notice of referral 44
Division 3--Investigation by public body 45
79. Investigation to be in accordance with procedures 45
80. Information about progress of investigation 45
Division 4--Action on investigation 46
81. What action must the public body take? 46
82. Report on investigation 46
83. Report to person making disclosure 47
PART 7--INVESTIGATION OF PUBLIC INTEREST
DISCLOSURES REFERRED TO CHIEF COMMISSIONER OF
POLICE 48
Division 1--Requirement to investigate 48
84. Duty to investigate 48
85. Request to Ombudsman by person making disclosure 48
86. Ombudsman may take over an investigation 48
87. Provision of information to Ombudsman 49
88. What can the Ombudsman do? 49
89. Notice of referral 50
Division 2--Investigation by Chief Commissioner of Police 50
90. Power to require answers etc. of members of the police force in
certain investigations 50
91. Progress reports to Ombudsman on investigations 50
Division 3--Action on investigation 51
92. What action must the Chief Commissioner of Police take? 51
93. Report to Ombudsman 51
94. Implementation of recommendations 51
95. Report to person making disclosure 52
PART 8--INVESTIGATION OF DISCLOSURES ABOUT
MEMBERS OF PARLIAMENT 53
96. Referral of disclosure to Ombudsman 53
97. Determination of disclosure as public interest disclosure 54
98. Notice of determination 54
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99. Investigation by Ombudsman 54
100. Investigations to be conducted in accordance with Division 3 of
Part 5 55
101. Report on investigation 55
PART 9--ANNUAL REPORTS AND OTHER REPORTS 56
102. Annual report by Ombudsman 56
103. Other reports by Ombudsman 57
104. Annual reports by public body 58
105. Reports by councils in relation to disclosures relating to officers
and employees of councils 59
PART 10--GENERAL 60
106. Offence to make false disclosure 60
107. Protection of Ombudsman and officers of Ombudsman 60
108. Evidence not admissible 61
109. Exemption from Freedom of Information Act 1982 62
110. Supreme Court--limitation of jurisdiction 63
111. Service on a person making a disclosure 63
112. Regulations 63
PART 11--AMENDMENT OF RELATED ACTS 64
Division 1--Amendment of Ombudsman Act 1973 64
113. Protection of the Ombudsman and the officers of the
Ombudsman 64
114. New section 29A inserted 65
29A. Exemption from Freedom of Information Act 1982 65
115. New section 30A inserted 65
30A. Supreme Court--limitation of jurisdiction 65
Division 2--Amendment of Police Regulation Act 1958 66
116. Breaches of discipline 66
117. Making of complaints 66
118. New section 86LA inserted 67
86LA. Whistleblowers Protection Act 2000 applies to certain
complaints 67
119. New section 86TA inserted 68
86TA. Exemption from Freedom of Information Act 1982 68
ENDNOTES 69
INDEX 70
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PARLIAMENT OF VICTORIA
Initiated in Assembly 30 August 2000
As amended by Assembly 5 April 2001
A BILL
to encourage and facilitate disclosures of improper conduct by public
officers and public bodies, to protect persons making those disclosures
and others from reprisals, to provide for the matters disclosed to be
properly investigated and dealt with and for other purposes.
Whistleblowers Protection Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes1
The purposes of this Act are--
(a) to encourage and facilitate disclosures of
5 improper conduct by public officers and
public bodies; and
(b) to provide protection for--
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(i) persons who make those disclosures;
and
(ii) persons who may suffer reprisals in
relation to those disclosures; and
5 (c) to provide for the matters disclosed to be
properly investigated and dealt with.
2. Commencement
(1) Sections 1, 114, 119 and this section come into
operation on the day on which this Act receives
10 the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 January 2002.
3. Definitions
(1) In this Act--
15 "corrupt conduct" means--
(a) conduct of a person (whether or not a
public officer) that adversely affects, or
could adversely affect, either directly or
indirectly, the honest performance of a
20 public officer's or public body's
functions; or
(b) conduct of a public officer that amounts
to the performance of any of his or her
functions as a public officer dishonestly
25 or with inappropriate partiality; or
(c) conduct of a public officer, a former
public officer or a public body that
amounts to a breach of public trust; or
(d) conduct of a public officer, a former
30 public officer or a public body that
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amounts to the misuse of information or
material acquired in the course of the
performance of their functions as such
(whether for the benefit of that person
5 or body or otherwise); or
(e) a conspiracy or attempt to engage in
conduct referred to in paragraphs (a) to
(d);
"councillor" means a councillor of a municipal
10 council;
"Deputy Ombudsman" means the Deputy
Ombudsman within the meaning of the
Ombudsman Act 1973;
"detrimental action" includes--
15 (a) action causing injury, loss or damage;
and
(b) intimidation or harassment; and
(c) discrimination, disadvantage or adverse
treatment in relation to a person's
20 employment, career, profession, trade
or business, including the taking of
disciplinary action;
"disclosed matter" means a matter disclosed in a
disclosure determined by the Ombudsman
25 under Part 4 or Part 8 to be a public interest
disclosure;
"improper conduct" means--
(a) corrupt conduct; or
(b) a substantial mismanagement of public
30 resources; or
(c) conduct involving substantial risk to
public health or safety; or
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(d) conduct involving substantial risk to the
environment--
that would, if proved, constitute--
(e) a criminal offence; or
5 (f) reasonable grounds for dismissing or
dispensing with, or otherwise
terminating, the services of a public
officer who was, or is, engaged in that
conduct;
10 "Ombudsman" means the person appointed as
the Ombudsman under section 3 of the
Ombudsman Act 1973;
"Police Minister" means the Minister for the
time being administering Part IVA of the
15 Police Regulation Act 1958;
"protected disclosure" has the meaning given to
it by section 12;
"public body" means--
(a) an Agency within the meaning of the
20 Public Sector Management and
Employment Act 1998;
(b) the chief executive officer of a
municipal council, but only in relation
to an officer or employee of that
25 council;
(c) the Chief Commissioner of Police, but
only in relation to a person employed in
that office who is not a member of the
police force;
30 (d) a body, whether corporate or
unincorporate, that is established by or
under an Act for a public purpose;
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(e) a body whose members, or a majority
of whose members, are appointed by
the Governor in Council or a Minister;
(f) a company all the shares or a majority
5 of the shares in which are held by the
State or another public body;
(g) a body, whether corporate or
unincorporate--
(i) supported directly or indirectly by
10 government funds or other
assistance; or
(ii) over which the State is in a
position to exercise control--
that is prescribed for the purposes of
15 this Act;
(h) a university;
(i) a TAFE college within the meaning of
the Vocational Education and
Training Act 1990;
20 (j) a public hospital within the meaning of
the Health Services Act 1988;
(k) a State funded residential care service
within the meaning of the Health
Services Act 1988;
25 (l) a contractor, or a sub-contractor, within
the meaning of Part 3A of the Health
Services Act 1988, but only in its
capacity as a provider of health services
to public hospital patients in
30 accordance with an agreement under
section 69B(1) of that Act;
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(m) a contractor within the meaning of the
Corrections Act 1986 or a sub-
contractor of that contractor, but only in
relation to a function or duty or the
5 exercise of a power conferred on it by
or under that Act--
but does not include a body specified in
section 4(1);
"public officer" means--
10 (a) a member of Parliament;
(b) a councillor;
(c) a member, officer or employee of a
public body other than a university;
(d) a member of the governing body of a
15 public body other than a university;
(e) an officer or employee of a municipal
council;
(f) an officer or employee or a member of
the academic staff of a university, or a
20 member of the governing authority of a
university;
(g) a member of the police force;
(h) a protective services officer appointed
under Part VIA of the Police
25 Regulation Act 1958;
(i) a person who is employed in the office
of the Chief Commissioner of Police
and who is not a member of the police
force;
30 (j) the holder of an office established by or
under an Act to which the right to
appoint is vested in the Governor in
Council or a Minister;
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(k) a member of the teaching service within
the meaning of the Teaching Service
Act 1981--
but does not include a person specified in
5 section 4(2);
"relevant Minister" means--
(a) in relation to a public body, the
Minister responsible for that public
body; or
10 (b) in relation to a public officer, means the
Minister responsible for that public
officer;
"university" means an institution listed in
Schedule 1 to the Tertiary Education Act
15 1993 that is a body politic and is governed
by a council, some of the members of which
are appointed by the Governor in Council or
a Minister.
(2) For the purposes of this Act, the chief executive
20 officer of a municipal council is to be taken to be
the chief executive officer of a public body in
relation to an officer or employee of that council.
(3) For the purposes of this Act, the Chief
Commissioner of Police is to be taken to be the
25 chief executive officer of a public body in relation
to a person who is employed in the office of the
Chief Commissioner of Police and who is not a
member of the police force.
(4) For the purposes of this Act, a reference to a
30 member of the police force includes a reference to
a protective services officer.
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4. Exclusion of certain persons and bodies
(1) The following bodies are not public bodies for the
purposes of this Act--
(a) a court;
5 (b) a board, tribunal, commission or other body
presided over by a judge, magistrate or legal
practitioner presiding as such by virtue of a
statutory requirement and appointment.
(2) The following persons are not public officers for
10 the purposes of this Act--
(a) a judge of the Supreme Court;
(b) a judge of the County Court;
(c) a master of the Supreme Court;
(d) a master of the County Court;
15 (e) a magistrate;
(f) a member of the Victorian Civil and
Administrative Tribunal;
(g) the Director of Public Prosecutions;
(h) the Auditor-General;
20 (i) the Ombudsman;
(j) the Electoral Commissioner;
(k) an officer of the Parliament or an employee
within the meaning of the Parliamentary
Officers Act 1975;
25 (l) a judicial employee within the meaning of
section 51 of the Public Sector
Management and Employment Act 1998.
_______________
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PART 2--DISCLOSURES OF IMPROPER CONDUCT
5. Who can make a disclosure about improper conduct?
A natural person who believes on reasonable
grounds that a public officer or public body--
5 (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
10 section 18--
may disclose that improper conduct or detrimental
action in accordance with this Part.
6. To whom can a disclosure be made?
(1) Subject to this section, a disclosure under this Part
15 may be made to--
(a) the Ombudsman; or
(b) if the disclosure relates to a member, officer
or employee of a public body, that public
body.
20 (2) A disclosure that relates to a member of
Parliament must be made to--
(a) the President of the Legislative Council, if
the member is a member of the Legislative
Council; or
25 (b) the Speaker of the Legislative Assembly, if
the member is a member of the Legislative
Assembly.
(3) A disclosure that relates to a councillor must be
made to the Ombudsman.
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(4) A disclosure that relates to the Chief
Commissioner of Police must be made to the
Ombudsman or the Deputy Ombudsman.
(5) A disclosure that relates to any other member of
5 the police force may be made to--
(a) the Ombudsman; or
(b) the Deputy Ombudsman; or
(c) the Chief Commissioner of Police.
(6) A disclosure--
10 (a) may be made orally or in writing; and
(b) must be made in accordance with the
prescribed procedure.
(7) A disclosure made in relation to a member of
Parliament is not to be taken to be a contempt of
15 Parliament.
7. Can a person make an anonymous disclosure?
A person may make a disclosure under this Part
anonymously.
8. Is it necessary to know who has engaged in the
20 conduct about which the disclosure is made?
A person may make a disclosure under this Part
even if the person cannot identify the person or
body to whom or which the disclosure relates.
9. Can a disclosure be about past conduct?
25 A person may make a disclosure under this Part
about conduct that has occurred before the
commencement of this section.
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10. What if the information is protected by legal
professional privilege?
Nothing in this Act entitles a person to disclose
information that is the subject of legal
5 professional privilege.
_______________
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PART 3--PROTECTION OF WHISTLEBLOWERS
11. Application of Part
This Part only applies to a protected disclosure.
12. What is a protected disclosure?
5 A protected disclosure is a disclosure made in
accordance with Part 2.
13. Certain further information also protected
(1) Subject to section 23, if a person who makes a
disclosure in accordance with Part 2 provides
10 further information relating to that disclosure to a
person or body listed in sub-section (2), that
further information is to be treated as if it were a
protected disclosure for the purposes of this Part.
(2) Sub-section (1) applies to further information
15 provided to--
(a) the President of the Legislative Council; or
(b) the Speaker of the Legislative Assembly; or
(c) the Privileges Committee of the Legislative
Council or the Legislative Assembly; or
20 (d) the Ombudsman; or
(e) the Deputy Ombudsman; or
(f) the Chief Commissioner of Police; or
(g) a public body.
14. Immunity from liability
25 A person who makes a protected disclosure is not
subject to any civil or criminal liability or any
liability arising by way of administrative process
(including disciplinary action) for making the
protected disclosure.
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15. Confidentiality provisions do not apply
Without limiting section 14, a person who makes
a protected disclosure does not by doing so--
(a) commit an offence under section 95 of the
5 Constitution Act 1975 or a provision of any
other Act that imposes a duty to maintain
confidentiality with respect to a matter or
any other restriction on the disclosure of
information; or
10 (b) breach an obligation by way of oath or rule
of law or practice or under an agreement
requiring him or her to maintain
confidentiality or otherwise restricting the
disclosure of information with respect to a
15 matter.
16. Protection from defamation action
Without limiting section 14, in proceedings for
defamation there is a defence of absolute privilege
in respect of the making of a protected disclosure.
20 17. Liability for own conduct
Despite anything to the contrary in this Part, a
person's liability for his or her own conduct is not
affected by the person's disclosure of that conduct
under this Act.
25 18. Protection from reprisal
(1) A person must not take detrimental action against
a person in reprisal for a protected disclosure.
Penalty: 240 penalty units or 2 years
imprisonment or both.
30 (2) A person takes detrimental action in reprisal for a
protected disclosure if--
(a) the person takes or threatens to take the
action because--
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(i) a person has made, or intends to make,
a protected disclosure; or
(ii) the person believes that a person has
made or intends to make the protected
5 disclosure; or
(b) the person incites or permits another person
to take or threaten to take the action for
either of those reasons.
(3) In determining whether a person takes detrimental
10 action in reprisal it is irrelevant whether or not a
reason referred to in sub-section (2) is the only or
dominant reason as long as it is a substantial
reason.
19. Proceedings for damages for reprisal
15 (1) A person who takes detrimental action against a
person in reprisal for a protected disclosure is
liable in damages to that person.
(2) The damages may be recovered in proceedings as
for a tort in any court of competent jurisdiction.
20 (3) Any remedy that may be granted by a court with
respect to a tort, including exemplary damages,
may be granted by a court in proceedings under
this section.
(4) The right of a person to bring proceedings for
25 damages does not affect any other right or remedy
available to the person arising from the
detrimental action.
20. Application for injunction or order
A person who believes that detrimental action has
30 been taken or may be taken against him or her in
reprisal for a protected disclosure may apply to
the Supreme Court for--
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(a) an order requiring the person who has taken
the detrimental action to remedy that action;
or
(b) an injunction.
5 21. Injunction or order
(1) If, on receipt of an application under section 20,
the Supreme Court is satisfied that a person has
taken or intends to take detrimental action against
a person in reprisal for a protected disclosure, the
10 Court may--
(a) order the person who took the detrimental
action to remedy that action; or
(b) grant an injunction in any terms the Court
considers appropriate.
15 (2) The Supreme Court, pending the final
determination of an application under section 20,
may--
(a) make an interim order in the terms of sub-
section (1)(a); or
20 (b) grant an interim injunction.
22. Offence to reveal confidential information
(1) A person who obtains or receives information in
the course of or as a result of a protected
disclosure or the investigation of a disclosed
25 matter under this Act must not disclose that
information except for the purposes of--
(a) the exercise of the functions under this Act
of the President of the Legislative Council,
the Speaker of the Legislative Assembly, the
30 Privileges Committee of the Legislative
Council or the Legislative Assembly, the
Ombudsman, the Deputy Ombudsman, the
Chief Commissioner of Police or a public
body; or
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(b) any report or recommendation to be made
under this Act; or
(c) any report referred to in Part 9; or
(d) any proceedings in relation to an offence
5 against section 60 or section 106 or this
section or section 19 of the Evidence Act
1958; or
(e) any criminal or disciplinary proceedings
taken against a member of the police force as
10 a result of an investigation of a disclosed
matter by the Chief Commissioner of Police
under Part 7.
Penalty: 60 penalty units or 6 months
imprisonment or both.
15 (2) The Ombudsman or a public body must not in a
report or recommendation under this Act or a
report referred to in Part 9 disclose particulars
likely to lead to the identification of a person who
made a protected disclosure.
20 (3) The Ombudsman or a public body must not in a
report referred to in Part 9 disclose particulars
likely to lead to the identification of a person
against whom a protected disclosure is made.
(4) Nothing in this section affects the operation of
25 section 90.
23. Certain further disclosures and further information
related to disclosures are not protected disclosures
(1) If the Ombudsman makes a determination under
Part 4 that a disclosure is not a public interest
30 disclosure, this Part does not apply to--
(a) any further disclosure to the Ombudsman or
the public body of the subject-matter of that
disclosure; or
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(b) the provision to the Ombudsman or the
public body of any further information in
relation to the subject-matter of the
disclosure.
5 (2) If--
(a) the Deputy Ombudsman, the Chief
Commissioner of Police or a public body
concludes under Part 4 that a disclosure is
not a public interest disclosure; and
10 (b) the person who made the disclosure does not,
within 28 days of being notified of the
conclusion, request the Deputy Ombudsman,
the Chief Commissioner of Police or a public
body (as the case requires) to refer the
15 disclosure to the Ombudsman for
determination--
then, from the end of that period, this Part does
not apply to any further disclosure to the
Ombudsman, the Deputy Ombudsman, the Chief
20 Commissioner of Police or a public body of the
subject-matter of that disclosure or the provision
to the Ombudsman, the Deputy Ombudsman, the
Chief Commissioner of Police or a public body of
any further information in relation to the subject-
25 matter of the disclosure.
(3) If the Ombudsman makes a determination under
Part 8 that a disclosure is not a public interest
disclosure, this Part does not apply to--
(a) any further disclosure to the Ombudsman,
30 the President of the Legislative Council, the
Speaker of the Legislative Assembly, the
Privileges Committee of the Legislative
Council or the Legislative Assembly of the
subject-matter of that disclosure; or
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(b) the provision to the Ombudsman, the
President of the Legislative Council, the
Speaker of the Legislative Assembly, the
Privileges Committee of the Legislative
5 Council or the Legislative Assembly of any
further information in relation to the subject-
matter of the disclosure.
_______________
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PART 4--DETERMINATION OF PUBLIC INTEREST
DISCLOSURES
Division 1--Determination by Ombudsman of public
interest disclosures
5 24. Determination 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
10 disclosure, determine whether the disclosure is a
public interest disclosure.
(2) In making a determination under sub-section (1),
the Ombudsman must be satisfied that the
disclosure shows or tends to show that a public
15 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
20 detrimental action in contravention of
section 18.
25. Notice of determination
(1) The Ombudsman must, within a reasonable time,
notify the person who made the disclosure of the
25 determination under section 24 in respect of the
disclosure.
(2) This section does not apply in respect of a person
who made an anonymous disclosure.
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26. Certain complaints under the Police Regulation Act
1958 to be investigated as public interest disclosures
If--
(a) the Ombudsman determines that a disclosure
5 in relation to a member of the police force is
a public interest disclosure; and
(b) the disclosure could constitute a complaint
under the Police Regulation Act 1958--
then, despite anything to the contrary in Part IVA
10 of the Police Regulation Act 1958, the subject-
matter of the disclosure must be investigated
under this Act instead of under Part IVA of the
Police Regulation Act 1958.
27. Notice of alternative procedure
15 (1) If the Ombudsman--
(a) determines that a disclosure is not a public
interest disclosure; and
(b) considers that the disclosure could constitute
a complaint under the Ombudsman Act
20 1973 or the Police Regulation Act 1958--
the Ombudsman must notify the person who made
the disclosure of the person's right to have the
disclosure dealt with as a complaint under the
Ombudsman Act 1973 or the Police Regulation
25 Act 1958 (as the case requires).
(2) A person who is given notice under sub-section
(1) may by notice in writing to the Ombudsman
request that the disclosure be dealt with as a
complaint under the Ombudsman Act 1973 or
30 the Police Regulation Act 1958 (as the case
requires).
(3) A person must make a request under sub-section
(2) within 28 days of being given notice under
sub-section (1).
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29
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(4) If under this section a person requests that a
disclosure be dealt with as a complaint under the
Ombudsman Act 1973, the disclosure is deemed
to be a complaint made to the Ombudsman under
5 that Act.
(5) If under this section a person requests that a
disclosure be dealt with as a complaint under the
Police Regulation Act 1958, the disclosure is
deemed to be a complaint made to the Deputy
10 Ombudsman under that Act.
Division 2--Disclosures made to public bodies
28. Consideration whether a disclosure is a public interest
disclosure
(1) If a person makes a disclosure to a public body in
15 accordance with Part 2, the public body must,
within 45 days after receiving the disclosure,
consider and reach a conclusion as to whether the
disclosure is a public interest disclosure.
(2) In reaching a conclusion under sub-section (1), the
20 public body must consider whether 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
25 capacity as a public officer; or
(b) has taken, is taking or proposes to take
detrimental action in contravention of
section 18.
29. What happens if the public body concludes that a
30 disclosure is a public interest disclosure?
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(1) If, under section 28, a public body concludes that
a disclosure is a public interest disclosure, the
public body must within 14 days--
(a) notify the person who made the disclosure of
5 that conclusion; and
(b) refer the disclosure to the Ombudsman for a
determination as to whether it is a public
interest disclosure.
(2) A public body is not required to notify under this
10 section a person who made an anonymous
disclosure.
30. What happens if the public body concludes that a
disclosure is not a public interest disclosure?
(1) If, under section 28, a public body concludes that
15 a disclosure is not a public interest disclosure, the
public body must, within 14 days--
(a) notify the person who made the disclosure of
that conclusion; and
(b) advise the person that--
20 (i) he or she may request the public body
to refer the disclosure to the
Ombudsman for a determination as to
whether it is a public interest
disclosure; and
25 (ii) the person's request must be made
within 28 days of the notification.
(2) This section does not apply in respect of a person
who made an anonymous disclosure.
31. Request for referral to Ombudsman
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If a person who is given notice under section 30
requests within the required time that a disclosure
be referred to the Ombudsman, the public body
must immediately refer the disclosure to the
5 Ombudsman for a determination as to whether it
is a public interest disclosure.
32. Determination by Ombudsman
(1) Division 1 applies to a disclosure referred to the
Ombudsman under this Division as if the
10 disclosure had been made to the Ombudsman.
(2) The Ombudsman must, within a reasonable time,
notify the public body that referred the disclosure
under this Division of the determination as to
whether a disclosure is a public interest
15 disclosure.
Division 3--Disclosures in relation to members of the
police force
33. Consideration whether a disclosure is a public interest
disclosure
20 (1) If a person makes a disclosure that relates to a
member of the police force to the Deputy
Ombudsman in accordance with Part 2, the
Deputy Ombudsman must, within 45 days after
receiving the disclosure, consider and reach a
25 conclusion as to whether the disclosure is a public
interest disclosure.
(2) If a person makes a disclosure that relates to a
member of the police force to the Chief
Commissioner of Police in accordance with Part
30 2, the Chief Commissioner of Police must, within
45 days after receiving the disclosure, consider
and reach a conclusion as to whether the
disclosure is a public interest disclosure.
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(3) In reaching a conclusion under this section, the
Deputy Ombudsman or the Chief Commissioner
of Police (as the case requires) must consider
whether the disclosure shows or tends to show
5 that the member of the police force to whom the
disclosure relates--
(a) has engaged, is engaging or proposes to
engage in improper conduct in his or her
capacity as a member of the police force; or
10 (b) has taken, is taking or proposes to take
detrimental action in contravention of
section 18.
34. What happens if it is concluded that a disclosure is a
public interest disclosure?
15 (1) If, under section 33, the Deputy Ombudsman or
Chief Commissioner of Police concludes that a
disclosure is a public interest disclosure, he or she
must within 14 days--
(a) notify the person who made the disclosure of
20 that conclusion; and
(b) refer the disclosure to the Ombudsman for a
determination as to whether it is a public
interest disclosure.
(2) The Deputy Ombudsman or Chief Commissioner
25 of Police is not required to notify under this
section a person who made an anonymous
disclosure.
35. What happens if it is concluded that a disclosure is
not a public interest disclosure?
30 (1) If, under section 33, the Deputy Ombudsman or
Chief Commissioner of Police concludes that a
disclosure is not a public interest disclosure, he or
she must, within 14 days--
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(a) notify the person who made the disclosure of
that conclusion; and
(b) advise the person that--
(i) he or she may request that the
5 disclosure be referred to the
Ombudsman for a determination as to
whether it is a public interest
disclosure; and
(ii) the person's request must be made
10 within 28 days of the notification.
(2) This section does not apply in respect of a person
who made an anonymous disclosure.
36. Request for referral to Ombudsman
If a person who is given notice under section 35
15 requests within the required time that a disclosure
be referred to the Ombudsman, the Deputy
Ombudsman or Chief Commissioner of Police (as
the case requires) must immediately refer the
disclosure to the Ombudsman for a determination
20 as to whether it is a public interest disclosure.
37. Determination by Ombudsman
(1) Division 1 applies to a disclosure referred to the
Ombudsman under this Division as if the
disclosure had been made to the Ombudsman.
25 (2) The Ombudsman must, within a reasonable time,
notify the Deputy Ombudsman or Chief
Commissioner of Police (as the case requires) of
the determination as to whether a disclosure is a
public interest disclosure.
30 _______________
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PART 5--INVESTIGATION OF PUBLIC INTEREST
DISCLOSURES BY THE OMBUDSMAN
Division 1--Functions of Ombudsman
38. What are the Ombudsman's functions under the Act?
5 The Ombudsman's functions under this Act are--
(a) to determine whether disclosures are public
interest disclosures;
(b) to investigate matters disclosed in public
interest disclosures;
10 (c) to prepare and publish guidelines for the
procedures to be followed by public bodies
in relation to--
(i) disclosures under Part 2; and
(ii) investigations under Part 6; and
15 (d) to monitor investigations by public bodies
under Part 6; and
(e) to monitor investigations by the Chief
Commissioner of Police under Part 7; and
(f) to review the procedures and the
20 implementation of procedures of public
bodies in relation to--
(i) disclosures under Part 2; and
(ii) investigations under Part 6;
(g) any other function conferred on the
25 Ombudsman by or under this Act.
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Division 2--Requirement to investigate
39. Duty to investigate
Subject to this Division, the Ombudsman must
investigate every disclosure the Ombudsman has
5 determined is a public interest disclosure.
40. Which matters do not have to be investigated?
(1) The Ombudsman may decide not to investigate a
disclosed matter--
(a) if in his or her opinion the disclosure--
10 (i) is trivial; or
(ii) is frivolous or vexatious; or
(b) if the person making the disclosure had had
knowledge for more than 12 months of the
disclosed matter and failed to give a
15 satisfactory explanation for the delay in
making the disclosure.
(2) The Ombudsman must--
(a) within a reasonable time, notify the person
making the disclosure of his or her decision
20 under sub-section (1) not to investigate the
disclosed matter; and
(b) give reasons for that decision.
41. Referral of matters for investigation otherwise than
under this Act
25 (1) The Ombudsman may refer a disclosed matter to
the Chief Commissioner of Police, the Auditor-
General, a prescribed public body or the holder of
a prescribed office to investigate if the
Ombudsman considers it appropriate to do so.
30 (2) This section does not apply to a disclosed matter
relating to a member of the police force.
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42. Referral of public interest disclosures to relevant
public body for investigation
(1) Subject to sub-section (2), the Ombudsman may
refer a disclosed matter to a public body to
5 investigate if--
(a) the matter relates to a member, officer or
employee of the public body; and
(b) the Ombudsman considers it appropriate to
do so.
10 (2) Part 6 applies to the investigation of a matter
referred to a public body under this section.
(3) Nothing in this section limits the operation of
section 41.
43. Referral of certain public interest disclosures to
15 Deputy Ombudsman for investigation
(1) The Ombudsman may, if the Ombudsman
considers it appropriate to do so, refer a disclosed
matter to the Deputy Ombudsman to investigate if
the matter relates to--
20 (a) the Chief Commissioner of Police; or
(b) any other member of the police force.
(2) The Deputy Ombudsman must investigate a
disclosed matter referred by the Ombudsman
under this section.
25 (3) Division 3 applies to an investigation referred to
the Deputy Ombudsman under this section as if, in
that Division, a reference to the Ombudsman were
a reference to the Deputy Ombudsman.
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44. Referral of certain public interest disclosures to Chief
Commissioner of Police for investigation
(1) The Ombudsman may refer a disclosed matter to
the Chief Commissioner of Police to investigate
5 if--
(a) the matter relates to a member of the police
force other than the Chief Commissioner of
Police or a Deputy or Assistant
Commissioner of Police; and
10 (b) the Ombudsman considers it appropriate to
do so.
(2) Part 7 applies to the investigation of a matter
referred to the Chief Commissioner of Police
under this section.
15 45. What information may the Ombudsman provide?
The Ombudsman may give to a person or body to
whom or which a matter is referred under this
Division for investigation any information that the
Ombudsman has in respect of the matter.
20 46. Notice of referral
If the Ombudsman refers a disclosed matter to a
person or body under this Division to investigate,
the Ombudsman must give notice of that referral
to the person who made the disclosure unless it
25 was an anonymous disclosure.
Division 3--Investigation by Ombudsman
47. Procedures for investigation
Subject to this Part, the Ombudsman may regulate
his or her procedures on an investigation of a
30 disclosed matter in any manner that he or she
thinks fit.
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48. Secondment of members of the police force for certain
investigations
(1) The Ombudsman may request the Chief
Commissioner of Police to make available
5 members of the police force to assist the
Ombudsman in the investigation of a disclosed
matter.
(2) On a request under sub-section (1), the Chief
Commissioner of Police, must make available
10 such members of the police force as the Chief
Commissioner of Police thinks necessary to assist
the Ombudsman in the investigation of a disclosed
matter.
(3) Every member of the police force made available
15 to the Ombudsman under this section remains
under the direction and control of the Chief
Commissioner of Police but must in assisting the
Ombudsman have regard to the wishes of the
Ombudsman concerning the conduct of an
20 investigation.
49. Secondment of others for certain investigations
(1) The Ombudsman may request a prescribed public
body to make available staff to assist the
Ombudsman in the investigation of a disclosed
25 matter.
(2) On a request under sub-section (1), the prescribed
public body must make available such staff as the
prescribed public body thinks necessary to assist
the Ombudsman in the investigation of a disclosed
30 matter.
(3) Every person made available to the Ombudsman
under this section remains under the direction and
control of the prescribed public body but must in
assisting the Ombudsman have regard to the
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wishes of the Ombudsman concerning the conduct
of an investigation.
50. Notice of the investigation
(1) Before conducting an investigation of a disclosed
5 matter, the Ombudsman must in writing inform
the relevant person or body listed in sub-section
(2) of his or her intention to do so.
(2) For the purposes of sub-section (1) information
must be given to--
10 (a) if the disclosed matter relates to a public
body or a public officer, either the relevant
Minister or the chief executive officer of the
public body; or
(b) if the disclosed matter relates to a mayor of a
15 municipal council, either the relevant
Minister or the chief executive officer of the
relevant municipal council; or
(c) if the disclosed matter relates to a councillor
(other than the mayor) of a municipal
20 council, the mayor and the chief executive
officer of the relevant municipal council; or
(d) if the disclosed matter relates to the chief
executive officer of a municipal council--
(i) the relevant Minister; or
25 (ii) the mayor of that council and a senior
officer (within the meaning of the
Local Government Act 1989) of that
council nominated by that council; or
(e) if the disclosed matter relates to any other
30 officer or employee of a municipal council,
the mayor and the chief executive officer of
the relevant municipal council; or
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(f) if the disclosed matter relates to the Chief
Commissioner of Police, the Police Minister;
or
(g) if the disclosed matter relates to any other
5 member of the police force, the Chief
Commissioner of Police.
51. Investigation to be private
The investigation by the Ombudsman of a
disclosed matter is to be conducted in private.
10 52. A hearing is not required
The Ombudsman is not required to hold a hearing
for the purposes of an investigation of a disclosed
matter.
53. Legal representation
15 The Ombudsman may determine whether or not
any person may be represented by a legal
practitioner or otherwise at a hearing in an
investigation by the Ombudsman of a disclosed
matter.
20 54. How is evidence to be taken?
(1) Subject to this Part, the Ombudsman may obtain
information from any person and in any manner
he or she thinks fit for the purposes of an
investigation of a disclosed matter.
25 (2) The provisions of sections 17, 18, 19, 20 and 20A
of the Evidence Act 1958 apply to and in relation
to any investigation of a disclosed matter by the
Ombudsman as if the Ombudsman were the sole
Commissioner issued with a commission by the
30 Governor in Council.
(3) For the purpose of an investigation of a disclosed
matter, the Ombudsman may take a statutory
declaration from any witness or other person.
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55. Power to require answers etc. of members of the
police force in certain investigations
(1) Without limiting section 54, in an investigation of
a disclosed matter relating to a member of the
5 police force, the Ombudsman may direct a
member of the force to give any relevant
information, produce any relevant document or
answer any relevant question.
(2) A member of the police force who does not
10 comply with a direction under sub-section (1)
commits a breach of discipline under section 69 of
the Police Regulation Act 1958.
(3) Except in proceedings for perjury, for a breach of
discipline under section 69 of the Police
15 Regulation Act 1958 or for failure to comply
with a direction, any information or answer that is
given, or document that is produced, pursuant to a
direction under sub-section (1) is not admissible
in evidence before any court or person acting
20 judicially.
56. Can privileged or confidential information be
disclosed to the Ombudsman?
(1) An obligation to maintain confidentiality or any
other restriction on the disclosure of information
25 obtained by or furnished to persons in the service
of the Crown or any public body that is imposed
by any Act or oath or rule of law or practice or
under an agreement does not apply to the
disclosure of information for the purposes of an
30 investigation by the Ombudsman of a disclosed
matter.
(2) The Crown is not, in relation to an investigation
by the Ombudsman of a disclosed matter, entitled
to any privilege in respect of the production of
35 documents or the giving of evidence that is
allowed by law in legal proceedings.
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(3) Subject to sub-sections (1) and (2) and section 55,
a person cannot be compelled for the purposes of
an investigation by the Ombudsman of a disclosed
matter to produce any document or give any
5 evidence that the person could not be compelled
to produce or give in proceedings before a court.
57. Deliberations of Ministers and Parliamentary
committees not to be disclosed
(1) A person is not required or authorised by this Part
10 to furnish any information or answer any question
that relates to--
(a) any deliberation or decision of the Cabinet;
or
(b) the deliberations of any committee
15 consisting of members of Parliament if the
committee is formed for the purpose of
advising Ministers in respect of their
deliberations; or
(c) any deliberations in private of--
20 (i) a Parliamentary Committee or Specific
Purpose Committee within the meaning
of the Parliamentary Committees Act
1968; or
(ii) a committee consisting of members of
25 Parliament established by resolution of
either the Legislative Council or the
Legislative Assembly, or the resolution
of both the Legislative Council and the
Legislative Assembly.
30 (2) A person is not required or authorised by this Part
to provide or inspect a document that is an exempt
document under section 28 of the Freedom of
Information Act 1982.
(3) A certificate issued by the Secretary to the
35 Department of Premier and Cabinet certifying that
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any information or question relates to a
deliberation or decision of the Cabinet or a
deliberation of a committee referred to sub-section
(1) is conclusive of the fact so certified.
5 (4) In this section "Cabinet" includes a committee or
sub-committee of Cabinet.
58. Power to enter premises
For the purpose of conducting an investigation of
a disclosed matter, the Ombudsman or any officer
10 of the Ombudsman authorised by him or her for
that purpose may at any reasonable time--
(a) enter any premises occupied or used by a
public officer or public body in their
capacity as such; and
15 (b) inspect those premises or anything for the
time being in them or on them.
59. Consultation and comment
If, in the course of an investigation of a disclosed
matter, it appears to the Ombudsman that there
20 may be grounds for making a report adverse to a
public body, a public officer, a councillor or a
member of the police force, the Ombudsman
must, before making the report, give an
opportunity to comment on the matter to--
25 (a) in the case of a public body or public officer,
the relevant Minister or the chief executive
officer; or
(b) in the case of a councillor, the relevant
Minister or the mayor of the relevant
30 municipal council; or
(c) in the case of the Chief Commissioner of
Police, the Police Minister; or
(d) in the case of any other member of the police
force, the Chief Commissioner of Police.
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60. Obstruction
(1) A person must not--
(a) without lawful excuse, wilfully obstruct,
hinder or resist the Ombudsman in the
5 exercise of his or her powers under this Part;
or
(b) without lawful excuse, refuse to or wilfully
fail to comply with any lawful requirement
of the Ombudsman under this Part; or
10 (c) make a statement the person knows to be
false or misleading in a material respect to
the Ombudsman in the course of an
investigation under this Part; or
(d) knowingly mislead or attempt to mislead the
15 Ombudsman in the course of an investigation
under this Part.
Penalty: 240 penalty units or 2 years
imprisonment or both.
(2) In sub-section (1)(b), "lawful requirement", in
20 relation to a member of the police force, means a
requirement of a kind that is agreed between the
Ombudsman and the Chief Commissioner of
Police to be appropriate for the Ombudsman to
make.
25 61. Opportunity to be heard before adverse report
The Ombudsman must not, in any report under
this Part or Part 8, make any comment adverse to
any person unless that person has been given an
opportunity of being heard in the matter and their
30 defence is fairly set out in the report.
Division 4--Action on completion of investigation
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62. Report on investigation by Deputy Ombudsman to
Ombudsman
The Deputy Ombudsman must report to the
Ombudsman on an investigation of a disclosed
5 matter in the manner that the Ombudsman
determines.
63. Report on investigation
(1) On the completion of an investigation of a
disclosed matter the Ombudsman--
10 (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 sub-section (1), the relevant
15 person is--
(a) in the case of a public body or public officer,
either the relevant Minister or the chief
executive officer of the public body;
(b) in the case of a councillor, either the relevant
20 Minister or the mayor of the relevant
municipal council;
(c) in the case of the Chief Commissioner of
Police, the Police Minister;
(d) in the case of any other member of the police
25 force, the Chief Commissioner of Police.
(3) Recommendations under sub-section (1) may
include--
(a) a recommendation that the disclosed matter
be referred to an appropriate authority for
30 further consideration;
(b) a recommendation that action be taken to
remedy any harm or loss arising from the
conduct;
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(c) a recommendation that action be taken to
prevent the conduct from continuing or
occurring in the future.
(4) This section applies to an investigation of a
5 disclosed matter by the Ombudsman or the
Deputy Ombudsman.
64. Notice of implementation of recommendation
If the Ombudsman makes a recommendation in a
report to a person under section 63, he or she may
10 request that person to notify him or her within a
specified time--
(a) of the steps that have been or are proposed to
be taken to give effect to the
recommendation; or
15 (b) if no steps have been or are proposed to be
taken, the reasons for this.
65. Implementation of recommendations in relation to
members of the police force
(1) If, in a report under section 63 in relation to a
20 member of the police force (other than the Chief
Commissioner of Police), there is a
recommendation as to the action to be taken as a
result of the investigation and the Chief
Commissioner of Police disagrees with the
25 recommendation, the Ombudsman and the Chief
Commissioner of Police must refer the matter to
the Police Minister.
(2) The Police Minister may give directions as to the
taking of any action recommended in that report.
30 (3) The Police Minister may refer to the Director of
Public Prosecutions the question of whether or not
criminal proceedings should be taken against a
member of the police force.
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66. Report to Parliament
If it appears to the Ombudsman that insufficient
steps have been taken within a reasonable time
after making a report and recommendations under
5 section 63 in relation to a public body, public
officer or councillor, the Ombudsman, after
considering any comments of the relevant
Minister, the chief executive officer of the public
body or the mayor of the relevant council (as the
10 case requires), may, as he or she thinks fit, cause
to be laid before each House of Parliament a
report on any matter to which the report,
recommendations and comments (if any) relate.
67. Person who made disclosure to be informed
15 (1) If the Ombudsman investigates a disclosed matter
or takes any other action under this Part in respect
of a disclosed matter, the Ombudsman must,
within a reasonable time after the completion of
the investigation, inform the person who made the
20 disclosure of the result of the investigation or
other action.
(2) The information may be provided in the manner
that the Ombudsman thinks fit.
(3) If it appears to the Ombudsman that insufficient
25 steps have been taken within a reasonable time
after making a report and recommendations under
section 63, the Ombudsman must inform the
person who made the disclosure of the
recommendations, making any comments on them
30 that he or she thinks appropriate.
(4) The Ombudsman may disclose to the person who
made the disclosure any additional information
that the Ombudsman thinks appropriate.
(5) This section does not apply in respect of a person
35 who made an anonymous disclosure.
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PART 6--INVESTIGATION OF PUBLIC INTEREST
DISCLOSURES BY PUBLIC BODIES
Division 1--Establishment of procedures
68. Public body to establish procedures
5 (1) A public body must establish procedures--
(a) to facilitate the making of disclosures under
Part 2; and
(b) for investigations of disclosed matters; and
(c) for the protection of persons from reprisals
10 by the public body or any member, officer or
employee of the public body because of
disclosures.
(2) The procedures must be established--
(a) in the case of a public body existing
15 immediately before the commencement of
this section, as soon as practicable after that
commencement; and
(b) in the case of a public body established on or
after that commencement, as soon as
20 practicable after that body is established.
(3) The procedures must comply with this Act and the
guidelines for the time being in force under
section 69.
69. Ombudsman's guidelines
25 (1) The Ombudsman must prepare and publish
guidelines for procedures--
(a) to facilitate the making of disclosures to
public bodies under Part 2; and
(b) for investigations under this Part of disclosed
30 matters; and
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(c) for the protection of persons from reprisals
by public bodies or members, officers or
employees of public bodies because of
disclosures.
5 (2) The Ombudsman may from time to time amend
the guidelines prepared under sub-section (1).
70. Availability of procedures
(1) A public body must make a copy of its procedures
under this Division available to each member,
10 officer and employee of the public body.
(2) A public body must keep a copy of its procedures
under this Division available at its offices for
inspection by the public during normal office
hours free of charge.
15 71. Review of procedures
(1) The Ombudsman may review the procedures of a
public body at any time to ensure that the
procedures comply with this Act and the
Ombudsman's guidelines.
20 (2) The Ombudsman may review the implementation
of the procedures of a public body to ensure that
their implementation complies with this Act and
the Ombudsman's guidelines.
(3) The Ombudsman may make any recommendation
25 to a public body that the Ombudsman thinks fit
arising from a review under this section.
(4) If it appears to the Ombudsman that insufficient
steps have been taken within a reasonable time
after making a recommendation under sub-section
30 (3), the Ombudsman may, after considering any
comments of the public body, send a copy of the
recommendation to the relevant Minister.
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Division 2--Requirement to investigate
72. Duty to investigate
Subject to this Division, a public body must
investigate every disclosed matter that the
5 Ombudsman has referred to the body to be
investigated under this Part.
73. Referral to Ombudsman by public body
A public body must refer the investigation of a
disclosed matter to the Ombudsman if the public
10 body considers its own investigation is being
obstructed.
74. Request to Ombudsman by person making disclosure
If a disclosed matter has been referred to a public
body to be investigated under this Part, the person
15 who made the disclosure may request the
Ombudsman to investigate the disclosed matter
if--
(a) the public body fails to investigate the
matter; or
20 (b) the person is dissatisfied with the manner in
which the public body is carrying out an
investigation of the matter; or
(c) the person is dissatisfied with the steps taken
by the public body after the investigation of
25 the matter; or
(d) the public body fails to take steps in
accordance with section 81.
75. Ombudsman may take over an investigation
If the Ombudsman is not satisfied with an
30 investigation of a disclosed matter by a public
body under this Part, the Ombudsman may take
over the investigation.
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76. Provision of information to Ombudsman
If the Ombudsman commences or takes over an
investigation of a disclosed matter that a public
body was to investigate or has commenced
5 investigating, the public body must give to the
Ombudsman in writing any information that it has
and any findings, preliminary or otherwise, that it
has made in respect of the matter.
77. What can the Ombudsman do?
10 (1) If an investigation by a public body is referred to
the Ombudsman under section 73 or taken over by
the Ombudsman under section 75, or a request is
made under section 74, the Ombudsman may--
(a) commence a new investigation; or
15 (b) complete the investigation; or
(c) refer the investigation back to the public
body to investigate with recommendations
about the future conduct of the investigation;
or
20 (d) refer the matter to another public body to
investigate.
(2) If a request is made under section 74 or an
investigation is taken over by the Ombudsman
under section 75, the Ombudsman may also
25 inquire into the conduct of the investigation by the
public body.
(3) Divisions 3 and 4 of Part 5 apply to an
investigation commenced, referred to or taken
over by the Ombudsman under this Division.
30 78. Notice of referral
(1) If a public body refers an investigation to the
Ombudsman under this Part, the public body must
give notice of that referral to the person who made
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the disclosure unless it was an anonymous
disclosure.
(2) If the Ombudsman takes over an investigation of a
disclosed matter under this Part, the Ombudsman
5 must give notice of that fact to the person who
made the disclosure unless it was an anonymous
disclosure.
Division 3--Investigation by public body
79. Investigation to be in accordance with procedures
10 An investigation under this Part by a public body
of a disclosed matter must be in accordance with
the procedures established for the public body.
80. Information about progress of investigation
(1) A public body conducting an investigation of a
15 disclosed matter must, at the request of the
Ombudsman or person who made the disclosure,
give the Ombudsman or the person (as the case
requires) reasonable information about the
investigation.
20 (2) A public body must give the information within
28 days of receiving the request.
(3) A public body is not required to give the
information to the person who made the disclosure
if--
25 (a) the information requested has already been
given to that person; or
(b) the giving of the information requested
would endanger the safety of any person or
prejudice the conduct of the investigation.
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Division 4--Action on investigation
81. What action must the public body take?
(1) If, on completing an investigation of a disclosed
matter, the public body finds that the conduct that
5 was the subject of the investigation has occurred,
the public body--
(a) must report the findings of the investigation
to--
(i) in the case of an investigation of a
10 disclosed matter relating to an officer
or employee of a municipal council,
that council; or
(ii) in any other case, the relevant Minister;
and
15 (b) must take all reasonable steps to prevent the
conduct from continuing or occurring in the
future; and
(c) may take action to remedy any harm or loss
arising from the conduct.
20 (2) The steps to be taken may include--
(a) the bringing of disciplinary proceedings
against the person responsible for the
conduct that was the subject of the
investigation; and
25 (b) the referral of the matter to an appropriate
authority for further consideration.
82. Report on investigation
(1) On completing an investigation of a disclosed
matter, a public body must notify in writing--
30 (a) the Ombudsman of the findings of the
investigation and the steps (if any) taken
under section 81; and
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(b) the relevant person or body of the steps (if
any) taken under section 81.
(2) For the purposes of sub-section (1), a relevant
person or body is--
5 (a) in the case of an investigation of a disclosed
matter relating to an officer or employee of a
municipal council, that council;
(b) in any other case, the relevant Minister.
83. Report to person making disclosure
10 (1) Within a reasonable time after completing an
investigation of a disclosed matter, the public
body must inform the person who made the
disclosure of the findings of the investigation and
the steps (if any) taken under section 81.
15 (2) This section does not apply in respect of a person
who made an anonymous disclosure.
_______________
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Act No.
PART 7--INVESTIGATION OF PUBLIC INTEREST
DISCLOSURES REFERRED TO CHIEF COMMISSIONER OF
POLICE
Division 1--Requirement to investigate
5 84. Duty to investigate
The Chief Commissioner of Police must
investigate every disclosed matter relating to a
member of the police force that the Ombudsman
has referred to the Chief Commissioner of Police
10 to be investigated under this Part.
85. Request to Ombudsman by person making disclosure
If a disclosed matter has been referred to the Chief
Commissioner of Police to be investigated under
this Part, the person who made the disclosure may
15 request the Ombudsman to investigate the
disclosed matter if--
(a) the Chief Commissioner of Police fails to
investigate the matter; or
(b) the person is dissatisfied with the manner in
20 which the Chief Commissioner of Police is
carrying out an investigation of the matter;
or
(c) the person is dissatisfied with the steps taken
by the Chief Commissioner of Police after
25 the investigation of the matter; or
(d) the Chief Commissioner of Police fails to
take steps in accordance with section 92.
86. Ombudsman may take over an investigation
If the Ombudsman is not satisfied with an
30 investigation of a disclosed matter by the Chief
Commissioner of Police under this Part, the
Ombudsman may take over the investigation.
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87. Provision of information to Ombudsman
If the Ombudsman commences or takes over an
investigation of a disclosed matter that the Chief
Commissioner of Police was to investigate or has
5 commenced investigating, the Chief
Commissioner of Police must give to the
Ombudsman in writing any information that he or
she has and any findings, preliminary or
otherwise, that he or she has made in respect of
10 the matter.
88. What can the Ombudsman do?
(1) If an investigation by the Chief Commissioner of
Police is taken over by the Ombudsman under
section 86, or a request is made under section 85,
15 the Ombudsman may--
(a) commence a new investigation; or
(b) complete the investigation; or
(c) refer the investigation back to the Chief
Commissioner of Police to investigate with
20 recommendations about the future conduct of
the investigation; or
(d) refer the matter to another public body to
investigate.
(2) If a request is made under section 85 or an
25 investigation is taken over by the Ombudsman
under section 86, the Ombudsman may also
inquire into the conduct of the investigation by the
Chief Commissioner of Police.
(3) Divisions 3 and 4 of Part 5 apply to an
30 investigation commenced, referred to or taken
over by the Ombudsman under this Division.
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89. Notice of referral
If the Ombudsman takes over an investigation of a
disclosed matter under this Part, the Ombudsman
must give notice of that fact to the person who
5 made the disclosure unless it was an anonymous
disclosure.
Division 2--Investigation by Chief Commissioner of Police
90. Power to require answers etc. of members of the
police force in certain investigations
10 (1) In an investigation of a disclosed matter relating
to a member of the police force under this Part,
the Chief Commissioner of Police may direct a
member of the police force to give any relevant
information, produce any relevant document or
15 answer any relevant question.
(2) A member of the police force who does not
comply with a direction under sub-section (1)
commits a breach of discipline under section 69 of
the Police Regulation Act 1958.
20 (3) Except in proceedings for perjury, for a breach of
discipline under section 69 of the Police
Regulation Act 1958 or for failure to comply
with a direction, any information or answer that is
given, or document that is produced, pursuant to a
25 direction under sub-section (1) is not admissible
in evidence before any court or person acting
judicially.
91. Progress reports to Ombudsman on investigations
The Chief Commissioner of Police must as often
30 as requested by the Ombudsman report in writing
to the Ombudsman on the progress of an
investigation under this Part.
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Division 3--Action on investigation
92. What action must the Chief Commissioner of Police
take?
(1) If, on completing an investigation of a disclosed
5 matter under this Part, the Chief Commissioner of
Police finds that the conduct that was the subject
of the investigation has occurred, the Chief
Commissioner of Police--
(a) must take all reasonable steps to prevent the
10 conduct from continuing or occurring in the
future; and
(b) may take action to remedy any harm or loss
arising from the conduct.
(2) The steps to be taken may include the bringing of
15 disciplinary proceedings against the person
responsible for the conduct that was the subject of
the investigation.
93. Report to Ombudsman
On completing an investigation of a disclosed
20 matter under this Part, the Chief Commissioner of
Police must, in writing, notify the Ombudsman
of--
(a) the findings of the investigation; and
(b) the steps (if any) taken or proposed to be
25 taken under section 92.
94. Implementation of recommendations
(1) If the Ombudsman disagrees with the Chief
Commissioner of Police as to what steps (if any)
should be taken, the Ombudsman and the Chief
30 Commissioner of Police must refer the matter to
the Police Minister.
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(2) The Police Minister may give directions as to the
taking of any action as a result of the
investigation.
(3) The Police Minister may refer to the Director of
5 Public Prosecutions the question of whether or not
criminal proceedings should be taken against a
member of the police force.
95. Report to person making disclosure
(1) Within a reasonable time after completing an
10 investigation of a disclosed matter under this Part,
the Chief Commissioner of Police must inform the
person who made the disclosure of the findings of
the investigation and the steps (if any) taken under
section 92.
15 (2) This section does not apply in respect of a person
who made an anonymous disclosure.
_______________
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PART 8--INVESTIGATION OF DISCLOSURES ABOUT
MEMBERS OF PARLIAMENT
96. Referral of disclosure to Ombudsman
(1) If a person makes a disclosure to the President of
5 the Legislative Council or the Speaker of the
Legislative Assembly in accordance with Part 2,
the President or the Speaker may refer the
disclosure to the the Privileges Committee of the
Legislative Council or the Legislative Assembly,
10 as the case requires.
(2) The Privileges Committee must consider any
disclosure referred to it under sub-section (1).
(3) The Privileges Committee must ensure that any
deliberations of the Committee to consider a
15 disclosure referred to it under sub-section (1) are
conducted in private.
(4) If the Privileges Committee concludes that the
disclosure shows or tends to show that the
member of Parliament to whom the disclosure
20 relates--
(a) has engaged, is engaging or proposes to
engage in improper conduct in his or her
capacity as a member of Parliament; or
(b) has taken, is taking or proposes to take
25 detrimental action in contravention of
section 18--
the Committee may refer the disclosure to the
Ombudsman.
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97. Determination of disclosure as public interest
disclosure
(1) If the Privileges Committee of the Legislative
Council or the Legislative Assembly refers a
5 disclosure to the Ombudsman under this Part, the
Ombudsman must, within a reasonable time after
receiving the disclosure, determine whether or not
the disclosure is a public interest disclosure.
(2) In making a determination under sub-section (1),
10 the Ombudsman must be satisfied that the
disclosure shows or tends to show that the
member of Parliament to whom the disclosure
relates--
(a) has engaged, is engaging or proposes to
15 engage in improper conduct in his or her
capacity as a member of Parliament; or
(b) has taken, is taking or proposes to take
detrimental action in contravention of
section 18.
20 98. Notice of determination
The Ombudsman must, within a reasonable time,
notify the Privileges Committee of the Legislative
Council or the Legislative Assembly, as the case
requires, of the determination under section 97 in
25 respect of the disclosure.
99. Investigation by Ombudsman
The Ombudsman must investigate every
disclosure referred to him or her by the Privileges
Committee of the Legislative Council or the
30 Legislative Assembly that the Ombudsman has
determined is a public interest disclosure.
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100. Investigations to be conducted in accordance with
Division 3 of Part 5
Division 3 of Part 5, except sections 50 and 59,
applies to an investigation commenced by the
5 Ombudsman under this Part.
101. Report on investigation
(1) On completion of an investigation of a disclosed
matter under this Part, the Ombudsman must
report the findings of the investigation to the
10 Privileges Committee of the Legislative Council
or the Legislative Assembly (as the case requires).
(2) The Privileges Committee must consider the
report and determine the action to be taken.
(3) Any deliberations under sub-section (2) must be
15 conducted in private.
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PART 9--ANNUAL REPORTS AND OTHER REPORTS
102. Annual report by Ombudsman
The Ombudsman must include in his or her annual
report under section 25 of the Ombudsman Act
5 1973--
(a) the current guidelines published by the
Ombudsman under Part 6;
(b) the number and types of disclosures made to
the Ombudsman during the year;
10 (c) the number and types of determinations
made by the Ombudsman during the year as
to whether disclosures are public interest
disclosures;
(d) the number and types of disclosed matters
15 that during the year the Ombudsman has
investigated;
(e) the number and types of disclosed matters
that during the year the Ombudsman has
referred--
20 (i) under section 41, to the Chief
Commissioner of Police, the Auditor-
General, a prescribed public body or
the holder of a prescribed office to
investigate;
25 (ii) to a public body to investigate under
Part 6;
(iii) to the Deputy Ombudsman to
investigate;
(iv) to the Chief Commissioner of Police to
30 investigate under Part 7;
(f) the number and types of disclosed matters--
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(i) that the Ombudsman has declined to
investigate during the year;
(ii) that were referred by a public body
during the year to the Ombudsman to
5 investigate;
(g) the number and types of disclosures referred
to the Ombudsman under this Act by the
Privileges Committee of the Legislative
Council or the Legislative Assembly during
10 the year;
(h) the number and types of investigations of
disclosed matters taken over by the
Ombudsman during the year;
(i) the number of requests made under section
15 74 or 85 during the year to the Ombudsman
to investigate disclosed matters;
(j) the number and types of investigations of
disclosed matters for which the Ombudsman
has made a recommendation during the year;
20 (k) the recommendations made by the
Ombudsman during the year in relation to
each type of disclosed matter;
(l) the recommendations made by the
Ombudsman during the year in relation to
25 the procedures established by a public body
under Part 6;
(m) the action taken during the year on each
recommendation of the Ombudsman under
this Act.
30 103. Other reports by Ombudsman
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The Ombudsman may at any time cause a report
on any matter arising in relation to a disclosed
matter to be laid before each House of Parliament.
104. Annual reports by public body
5 If a public body is required by an Act to prepare
a report of operations or an annual report on its
activities during a year, the report must include--
(a) the current procedures established by the
public body under Part 6;
10 (b) the number and types of disclosures made to
the public body during the year;
(c) the number of disclosures referred during the
year by the public body to the Ombudsman
for determination as to whether they are
15 public interest disclosures;
(d) the number and types of disclosed matters
referred to the public body during the year
by the Ombudsman;
(e) the number and types of disclosed matters
20 referred during the year by the public body
to the Ombudsman to investigate;
(f) the number and types of investigations of
disclosed matters taken over by the
Ombudsman from the public body during the
25 year;
(g) the number of requests made under
section 74 during the year to the
Ombudsman to investigate disclosed matters;
(h) the number and types of disclosed matters
30 that the public body has declined to
investigate during the year;
(i) the number and types of disclosed matters
that were substantiated on investigation and
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the action taken on completion of the
investigation;
(j) any recommendations of the Ombudsman
under this Act that relate to the public body.
5 105. Reports by councils in relation to disclosures relating
to officers and employees of councils
A municipal council must, in relation to
disclosures relating to officers or employees of the
council, include in each annual report it prepares
10 under the Local Government Act 1989 the
information required by paragraphs (a) to (j) of
section 104, and for that purpose, a reference in
those paragraphs to a public body is to be taken to
be a reference to that council.
15 _______________
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PART 10--GENERAL
106. Offence to make false disclosure
A person must not knowingly provide false
information under this Act, intending that it be
5 acted on as a disclosed matter, to--
(a) the President of the Legislative Council; or
(b) the Speaker of the Legislative Assembly; or
(c) the Ombudsman; or
(d) the Deputy Ombudsman; or
10 (e) the Chief Commissioner of Police; or
(f) a public body.
Penalty: 240 penalty units or 2 years
imprisonment or both.
107. Protection of Ombudsman and officers of
15 Ombudsman
(1) The Ombudsman, the Deputy Ombudsman and
any officer of the Ombudsman are not liable,
whether on the ground of want of jurisdiction or
on any other ground, to any civil or criminal
20 proceedings to which he or she would have been
liable apart from this section in respect of any act
done or purporting to be done under this Act,
unless the act was done in bad faith.
(2) No civil or criminal proceedings may be brought
25 against the Ombudsman, the Deputy Ombudsman
or any officer of the Ombudsman in respect of any
act of a kind referred to in sub-section (1) without
the leave of the Supreme Court.
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(3) The Supreme Court may not give leave unless it is
satisfied that there is substantial ground to believe
that the person to be proceeded against has acted
in bad faith.
5 (4) Despite sub-sections (1), (2) and (3)--
(a) no order may be made--
(i) restraining the Ombudsman or the
Deputy Ombudsman from carrying out,
or compelling him or her to carry out,
10 any investigation; or
(ii) restraining the Ombudsman or the
Deputy Ombudsman from reporting on,
or compelling him or her to report on,
the findings of any investigation; or
15 (iii) restraining the Ombudsman from
making a recommendation, or
compelling him or her to make a
recommendation, in respect of a public
officer or public body in a report of any
20 investigation; and
(b) no proceedings may be brought against the
Ombudsman under which the issue of such
an order is sought.
(5) The Ombudsman, the Deputy Ombudsman and
25 any officer of the Ombudsman may not be called
to give evidence in any court or in any legal
proceedings or before the Police Appeals Board in
respect of any matter coming to his or her
knowledge in the exercise of his or her functions
30 under this Act.
108. Evidence not admissible
(1) Information is not admissible as evidence (if given
by a party) in legal proceedings if it was obtained
or received by the party--
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(a) from the Ombudsman, the Deputy
Ombudsman, the Chief Commissioner of
Police or a public body in the course of or as
a result of--
5 (i) a disclosure under Part 2; or
(ii) the investigation of a disclosed matter
under this Act; or
(b) from any person who obtained it in that way.
(2) Sub-section (1) does not apply to--
10 (a) proceedings in relation to an offence against
section 18, 60 or 106 of this Act or
section 19 of the Evidence Act 1958;
(b) proceedings under section 19 or 20 of this
Act; or
15 (c) a criminal or disciplinary proceeding taken
against a member of the police force as a
result of an investigation of a disclosed
matter by the Chief Commissioner of Police
under Part 7.
20 (3) Nothing in this section affects the operation of
section 90.
109. Exemption from Freedom of Information Act 1982
(1) The Freedom of Information Act 1982 does not
apply to a document that is in the possession of a
25 public body that is an agency under that Act, or is
deemed under an enactment to be an agency under
that Act, or the Ombudsman, the Deputy
Ombudsman, any officer of the Ombudsman or
the Chief Commissioner of Police, to the extent to
30 which the document discloses information--
(a) in relation to a disclosure made under Part 2;
or
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s. 110
Act No.
(b) likely to lead to the identification of a person
who made a disclosure under Part 2; or
(c) likely to lead to the identification of a person
against whom a disclosure under Part 2 is
5 made.
(2) In this section--
"agency" has the same meaning as in the
Freedom of Information Act 1982;
"document" has the same meaning as in the
10 Freedom of Information Act 1982.
110. Supreme Court--limitation of jurisdiction
It is the intention of section 107 of this Act to alter
or vary section 85 of the Constitution Act 1975.
111. Service on a person making a disclosure
15 If a provision of this Act requires that a person
who has made a disclosure under Part 2 be
notified or given notice or information, that
notification, notice or information must be
given--
20 (a) in writing; and
(b) personally or by post.
112. Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
25 or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
_______________
63
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
s. 113
Act No.
PART 11--AMENDMENT OF RELATED ACTS
Division 1--Amendment of Ombudsman Act 1973
113. Protection of the Ombudsman and the officers of the
Ombudsman
See:
5 In section 29 of the Ombudsman Act 1973, for
Act No.
sub-section (3) substitute--
8414
Reprint No. 5
"(3) Despite sub-sections (1) and (2)--
as at
1 January
(a) no order shall be made--
1997
and
amending (i) restraining the Ombudsman from
Act Nos
10 carrying out, or compelling him to
93/1997,
carry out, an enquiry to determine
15/1998,
46/1998,
whether an investigation should
102/1998 and
be conducted; or
61/1999.
LawToday:
www.dms. (ii) restraining the Ombudsman from
dpc.vic.
15 carrying out, or compelling him to
gov.au
carry out, any investigation; or
(iii) restraining the Ombudsman from
making, or compelling him to
make a report; or
20 (iv) restraining the Ombudsman from
making, or compelling him to
make a recommendation; and
(b) no proceedings shall be brought against
the Ombudsman under which the issue
25 of such an order is sought.".
64
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
s. 114
Act No.
114. New section 29A inserted
After section 29 of the Ombudsman Act 1973
insert--
'29A. Exemption from Freedom of Information
5 Act 1982
(1) The Freedom of Information Act 1982
does not apply to a document that is in the
possession of the Ombudsman, the Deputy
Ombudsman or any officer of the
10 Ombudsman, to the extent to which the
document discloses information that relates
to--
(a) a complaint; or
(b) an enquiry under Part IIIA to determine
15 whether an investigation should be
conducted; or
(c) an investigation under Part IV; or
(d) a report made under Part IV; or
(e) a recommendation made under Part IV.
20 (2) In this section--
"document" has the same meaning as in the
Freedom of Information Act 1982.'.
115. New section 30A inserted
After section 30 of the Ombudsman Act 1973
25 insert--
"30A. Supreme Court--limitation of jurisdiction
It is the intention of section 29(3) of this Act,
as substituted by section 113 of the
Whistleblowers Protection Act 2000, to
30 alter or vary section 85 of the Constitution
Act 1975.".
65
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
s. 116
Act No.
Division 2--Amendment of Police Regulation Act 1958
116. Breaches of discipline
See: In section 69(1) of the Police Regulation Act
Act No.
1958, after paragraph (a) insert--
6338
Reprint No. 8
5 "(ab) fails to comply with a direction under section
as at
15 October
55 or 90 of the Whistleblowers Protection
1998
Act 2000; or".
and
amending
Act Nos
30/1999 and
61/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
117. Making of complaints
After section 86L(2A) of the Police Regulation
10 Act 1958 insert--
"(2B) If a member of the force is required to make
a complaint under section 86L(2A) about the
conduct of another member of the force, it is
sufficient compliance for the purposes of that
15 sub-section if the member makes a
disclosure of that conduct in accordance with
Part 2 of the Whistleblowers Protection
Act 2000 to--
(a) if the disclosure relates to the Chief
20 Commissioner, the Ombudsman or the
Deputy Ombudsman; or
(b) if the disclosure relates to any other
member of the force, the Ombudsman,
the Deputy Ombudsman or the Chief
25 Commissioner.".
66
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
s. 118
Act No.
118. New section 86LA inserted
After section 86L of the Police Regulation Act
1958 insert--
"86LA. Whistleblowers Protection Act 2000 applies
5 to certain complaints
(1) If a member of the force makes a complaint
in accordance with section 86L(2A) to a
member of the force of a more senior rank
about a member other than the Chief
10 Commissioner, the member receiving the
complaint must refer the complaint to the
Chief Commissioner.
(2) The Whistleblowers Protection Act 2000
applies to a complaint referred to in sub-
15 section (1) as if the complaint were a
disclosure made to the Chief Commissioner
in accordance with Part 2 of that Act.
(3) The Whistleblowers Protection Act 2000
applies to a complaint made by a member of
20 the force in accordance with section
86L(2A), to the Deputy Ombudsman about
the Chief Commissioner, as if the complaint
were a disclosure made to the Deputy
Ombudsman in accordance with Part 2 of
25 that Act.
(4) The Whistleblowers Protection Act 2000
applies to a complaint made by a member of
the force in accordance with section
86L(2A), to the Deputy Ombudsman about
30 any other member of the force, as if the
complaint were a disclosure made to the
Deputy Ombudsman in accordance with
Part 2 of that Act.".
67
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
s. 119
Act No.
119. New section 86TA inserted
After section 86T of the Police Regulation Act
1958 insert--
'86TA. Exemption from Freedom of Information
5 Act 1982
(1) The Freedom of Information Act 1982
does not apply to a document that is in the
possession of the Ombudsman, the Deputy
Ombudsman or any officer of the
10 Ombudsman to the extent to which the
document discloses information that relates
to--
(a) a complaint investigated by the Deputy
Ombudsman under section 86N(4); or
15 (b) an investigation under this Division of
that complaint; or
(c) a report on that investigation, including
a report on the progress of the
investigation.
20 (2) In this section--
"document" has the same meaning as in the
Freedom of Information Act 1982.'.
68
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
Endnotes
Act No.
ENDNOTES
1
The index attached to this Act does not form part of this Act and is
provided for convenience of reference only.
By Authority. Government Printer for the State of Victoria.
INDEX
69
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
Act No.
Subject Section
Act
amendments to other Acts 113ญ119
commencement 2
exclusion of certain persons and bodies 4
purposes 1
Auditor-General
referral of investigations to 41
Chief Commissioner of Police
consideration of disclosures 33ญ35
disclosures relating to 6, 43
making of disclosures to 6
right to comment on adverse reports 59
See also Investigations by Chief Commissioner
Complaints
treatment of certain disclosures as 27
treatment of complaints as disclosures 26
Confidential information
disclosure of during investigations 56
non-application of confidentiality provisions 15
subject to legal professional privilege 10
unlawful revealing of 22
Councillors
disclosures relating to 6
Defamation
protection for whistleblowers from actions for 16
Definitions
corrupt conduct 3
councillor 3
Deputy Ombudsman 3
detrimental action 3
disclosed matter 3
improper conduct 3
Ombudsman 3
Police Minister 3
protected disclosure 3
public body 3
public officer 3
relevant Minister 3
university 3
Deputy Ombudsman
consideration of disclosures 33ญ35
disclosures made to 6
protection of 107
referral of investigations to 43
reports on investigations 62
Disclosures
anonymous disclosures 7
70
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
Act No.
Subject Section
consideration of 28ญ30, 33ญ35
false disclosures 106
further disclosures not protected 23
in relation to past conduct 9
inability to identify subject of 8
information subject to legal professional privilege 10
making of 5ญ6
protected disclosures 11ญ13, 23
regarding
Chief Commissioner 6, 43
councillors 6
members of Parliament 6, 96ญ101
members of police force 6, 33ญ37, 41
public bodies 5
public officers 5
treated as complaints 27
See also headings beginning with Investigations
Public interest disclosures
Whistleblowers
Evidence
in investigations 54, 56
inadmissibility 55, 90, 108
Freedom of Information Act 1982
exempt documents under s. 28 57
exemptions from 109
Investigations by Chief Commissioner
actions on completion of 92
duty to investigate 84
implementation of recommendations 94
police compliance with directions given 90
reports 91, 93, 95
referral by Ombudsman to 41, 44, 84ญ85
taken over by Ombudsman 85ญ89
43, 62
Investigations by Deputy Ombudsman
Investigations by Ombudsman
adverse reports 59, 61
conduct 47, 51ญ55, 58
disclosure of privileged or confidential information 56
duty to investigate 39
entry and inspection powers regarding 58
evidence 54, 56
legal representation 53
matters not investigated 40
notice of 50
notice of progress and results 67
notice of referral 46, 89
obstruction of process 60
police compliance with directions given 55
procedures 47
71
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
Act No.
Subject Section
recommendations 63ญ66
referral by Ombudsman
general provisions 41ญ46
of matter for investigation not under this Act 41
to Auditor-General 41
to Chief Commissioner 41, 44, 84ญ85
to Deputy Ombudsman 43
to public bodies 41ญ42
referral to Ombudsman
at request of person making disclosure 74, 77, 85
by Privileges Committee of LA or LC 96, 99
from public bodies 73ญ78
from Chief Commissioner 85ญ89
regarding
members of Parliament 99ญ101
members of police force 43ญ44, 55, 85ญ89
public bodies and officers 42
reports 59, 61, 63, 66, 101
secondment of staff to assist in 48ญ49
taken over by Ombudsman 75ญ77, 86ญ89
Investigations by public bodies
actions on completion of 81
referral of investigations to 42, 72
referral of investigations to Ombudsman by 73, 76ญ78
reports 81ญ83
taken over by Ombudsman 74ญ77
Members of Parliament
disclosures regarding 6, 96ญ101
Ministers
protection of deliberations of 57
Offences
detrimental action taken in reprisal 18
false disclosures 106
revealing confidential information 22
Ombudsman
determinations as to public interest disclosures 24ญ27, 32, 37,
97ญ98
functions 38
guidelines developed by 69
making of disclosures to 6
protection of 107
reports 102ญ103
referral of disclosures to 29ญ32, 34, 36
See also Deputy Ombudsman
Investigations by Ombudsman
Parliamentary committees
protection of deliberations of 57
Police force
disclosures regarding members of 6, 33ญ37, 41
72
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Whistleblowers Protection Act 2000
Act No.
Subject Section
duty to comply with directions in investigations 55, 90
secondment of members to assist in investigations 48
treatment of complaints as disclosures 26
treatment of disclosures as complaints 27
See also Investigations by Chief Commissioner
Police Minister
referral of matters to 65, 94
10, 56
Privileged information
11ญ13, 23
Protected disclosures
See also Whistleblowers
Public bodies
annual reports 104ญ105
consideration of disclosures 28ญ30
disclosures regarding 5
making of disclosures to 6, 28ญ32
procedures 68ญ71
right to comment on adverse reports 59
See also Investigations by public bodies
Public officers
disclosures regarding 5
Public interest disclosures
determinations by Ombudsman 24ญ27, 32, 37, 97
referral to Ombudsman for determination 29, 30, 31, 34, 36
See also headings beginning with Investigations
112
Regulations
Reprisals
protection from and remedies for 18ญ21
111
Service of notices
Supreme Court
limitation of jurisdiction 110
Whistleblowers
applications for injunctions or orders by 20
immunity from liability 14
liability for own conduct 17
protection from confidentiality provisions 15
protection from defamation action 16
protection from reprisals 18ญ21
See also Disclosures
ญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญ
73
541021B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
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