Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 28

Consideration whether a disclosure is a public interest disclosure

28. Consideration whether a disclosure is a public interest disclosure



(1) If a person makes a disclosure to a public body in 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 subsection (1), the 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 capacity as a public officer; or

   (b)  has taken, is taking or proposes to take detrimental action in
        contravention of section 18.