Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 27

Notice of alternative procedure

27. Notice of alternative procedure



(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 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 Act 1958 (as the case requires).

(2) A person who is given notice under subsection (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 the Police Regulation Act 1958 (as the case
requires).



(3) A person must make a request under subsection (2) within 28 days of being
given notice under subsection (1).

(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 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 Director under that Act.

Division 2-Disclosures made to public bodies