Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 23

Certain further disclosures and further information related to disclosures are not protected disclosures

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 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

   (b)  the provision to the Ombudsman or the public body of any further
        information in relation to the subject-matter of the disclosure.

(2) If-





   (a)  the Director, the Chief Commissioner of Police or a public body
        concludes under Part 4 that a disclosure is not a public interest
        disclosure; and

   (b)  the person who made the disclosure does not, within 28 days of being
        notified of the conclusion, request the Director, the Chief
        Commissioner of Police or a public body (as the case requires) to
        refer the 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 Director, the Chief Commissioner of Police or
a public body of the subject-matter of that disclosure or the provision to the
Ombudsman, the Director, the Chief Commissioner of Police or a public body of
any further information in relation to the subject-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, the President of the
        Legislative Council or the Speaker of the Legislative Assembly of the
        subject-matter of that disclosure; or

   (b)  the provision to the Ombudsman, the President of the Legislative
        Council or the Speaker of the Legislative Assembly of any further
        information in relation to the subject-matter of the disclosure.

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