PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 104 Advice to a complainant and other persons

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 104

    (1)     For section 87(2) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute —

    "(2)     Subject to subsection (4), the IBAC must provide a complainant with the information referred to in subsection (1) if the investigation relates to—

        (a)     a corrupt conduct complaint or police personnel conduct complaint in relation to a member of the police; or

        (b)     a protected disclosure complaint.".

    (2)     In section 87(3) of the Independent Broad-based Anti-corruption Commission Act 2011 , for "subsection (4)" substitute "subsections (4) and (5)".

    (3)     After section 87(4) of the Independent Broad-based Anti-corruption Commission Act 2011 insert —

    "(5)     The IBAC must not provide any information under subsection (3) that is likely to lead to the identification of a person who has made an assessable disclosure.

    (6)     However, the IBAC may provide information under subsection (3) to which section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies.

    (7)     This section does not apply to a police personnel conduct complaint if—

        (a)     the complaint has been investigated as a protected disclosure complaint under Part IVB of the Police Regulation Act 1958 ; and

        (b)     the IBAC has, in relation to, or in relation to a matter arising out of, an investigation, decided not to—

              (i)     take further action; or

              (ii)     request the Chief Commissioner of Police to take action.".