Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 33

Consideration whether a disclosure is a public interest disclosure

33. Consideration whether a disclosure is a public interest disclosure



(1) If a person makes a disclosure that relates to a member of the police
force to the Director in accordance with Part 2, the Director must, within 45
days after receiving the disclosure, consider and reach a 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 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.

(3) In reaching a conclusion under this section, the Director or the Chief
Commissioner of Police (as the case requires) must consider whether the
disclosure shows or tends to show 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

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