• Specific Year
    Any

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 148 Division 1A of Part IV inserted

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 148

Division 1A of Part IV inserted

After Division 1 of Part IV of the Ombudsman Act 1973 insert

" Division 1A—Protected disclosure complaints

        15C     Ombudsman must investigate protected disclosure complaints

Subject to sections 15D and 15E, the Ombudsman must conduct an investigation under this Act on a protected disclosure complaint about conduct by or in an authority or a protected disclosure entity.

        15D     Ombudsman must refuse to investigate certain protected disclosure complaints

    (1)     The Ombudsman must refuse to conduct an investigation on a protected disclosure complaint if conducting the investigation would be contrary to section 13AB.

    (2)     The Ombudsman must refuse to conduct an investigation on a protected disclosure complaint about conduct by or in an authority or a protected disclosure entity unless the Ombudsman is reasonably satisfied that the protected disclosure complaint shows or tends to show that—

s. 148

        (a)     the authority or protected disclosure entity or a member, officer or employee of the authority or protected disclosure entity has engaged, is engaging or proposes to engage in improper conduct; or

        (b)     the authority or protected disclosure entity or a member, officer or employee of the authority or protected disclosure entity has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Protected Disclosure Act 2012 .

    (3)     In this section, improper conduct has the meaning given in section 4 of the Protected Disclosure Act 2012 .

        15E     Ombudsman may refuse to investigate certain protected disclosure complaints

    (1)     The Ombudsman may refuse to conduct an investigation on a protected disclosure complaint if the Ombudsman considers—

        (a)     the subject-matter of the protected disclosure complaint is trivial; or

        (b)     the protected disclosure complaint is frivolous or vexatious; or

        (c)     the protected disclosure complaint lacks substance or credibility; or

        (d)     the subject-matter of the protected disclosure complaint has already been investigated or otherwise dealt with by—

              (i)     an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 ; or

              (ii)     any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions.

    (2)     The Ombudsman may refuse to conduct an investigation on a protected disclosure complaint if the person who made the protected disclosure complaint—

        (a)     made the disclosure that was determined to be a protected disclosure complaint more than 12 months after becoming aware of the disclosed matter; and

        (b)     fails to give a satisfactory explanation for the delay in making the disclosure.

        15F     Person who made protected disclosure complaint to be informed of refusal to investigate

If the Ombudsman refuses to conduct an investigation on a protected disclosure complaint, the Ombudsman, within a reasonable time after receiving the protected disclosure complaint from the IBAC, must inform the person who made the protected disclosure complaint of—

        (a)     the refusal to conduct the investigation; and

        (b)     the reason for that refusal.".