PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 144 Definitions

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 144

See:

Act No.

8414.

Reprint No. 8

as at

7 March 2008

and amending

Act Nos

65/2007, 34/2008, 27/2009, 69/2009, 29/2011, 66/2011, 70/2011, 72/2011, 6/2012, 43/2012 and 52/2012.

LawToday:

www.

legislation.

vic.gov.au

    (1)     In section 2(1) of the Ombudsman Act 1973 —

        (a)         insert the following definitions—

" assessable disclosure has the meaning given in section 3 of the Protected Disclosure Act 2012 ;

"Cabinet information" means—

        (a)     a document that is an exempt document under section 28 of the Freedom of Information Act 1982 ; or

        (b)     information that if it were in the form of a document would be a document referred to in paragraph (a);

"protected disclosure complaint" means a disclosure determined to be a protected disclosure complaint under section 26 of the Protected Disclosure Act 2012 that has been referred to the Ombudsman under section 49C of the Independent Broad-based Anti-corruption Commission Act 2011 ;

"protected disclosure entity" means—

        (a)     a member of Parliament;

        (b)     a Councillor;

        (c)     a member of the teaching service within the meaning of the Education and Training Reform Act 2006 ;

        (d)     a State funded residential care service within the meaning of the Health Services Act 1988 ;

        (e)     a person or body prescribed by Rules of Parliament made under this Act;

"relevant protected disclosure complaint" means a protected disclosure complaint that the Ombudsman is required to investigate under section 15C;";

        (b)     in the definition of "principal officer", after paragraph (c) insert —

    "(d)     in relation to a member of the teaching service, the Secretary within the meaning of the Education and Training Reform Act 2006 ;

s. 144

        (e)     in relation to a State funded residential care service, the chief executive officer of the service;

        (f)     in relation to a person or body prescribed by Rules of Parliament made under this Act as a protected disclosure entity, the person prescribed by the Rules as the principal officer for that person or body;";

        (c)     in the definition of "responsible Minister", after paragraph (c) insert —

    "(d)     in relation to a Councillor, the Minister administering Part 4 of the Local Government Act 1989 ;

        (e)     in relation to a member of the teaching service, the Minister administering Part 2.4 of the Education and Training Reform Act 2006 ;

        (f)     in relation to a State funded residential care service, the Minister administering section 6 of the Health Services Act 1988 ;

        (g)     in relation to a person or body prescribed by Rules of Parliament made under this Act as a protected disclosure entity, the Minister prescribed by the Rules as the responsible Minister for that person or body;".

s. 144

    (2)     After section 2(2) of the Ombudsman Act 1973 insert —

    "(3)     In this Act, a reference to a person who made a protected disclosure complaint or to a person who made a relevant protected disclosure complaint is a reference to a person who made a disclosure that was determined to be a protected disclosure complaint under section 26 of the Protected Disclosure Act 2012 .".