Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 24

Determination of disclosure as public interest disclosure

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 disclosure,
determine whether the disclosure is a public interest disclosure.

(2) In making a determination under subsection (1), the Ombudsman must be
satisfied that the disclosure shows or tends to show that a public 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 detrimental action in
        contravention of section 18.