PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 153 Procedure relating to investigations
PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 153
Procedure relating to investigations(1) In section 17(1) of the Ombudsman Act 1973 —
(a) in paragraph (a), after "complainant" insert "or the person who made the relevant protected disclosure complaint";
(b) in paragraph (b), after
"authority" insert
"or protected disclosure entity";
(c) for paragraph (c) substitute —
"(c) the responsible Minister (if any) for the authority or protected disclosure entity to which the investigation relates; and";
(d) in paragraph (d), after "a
Council" insert
"or a Councillor".
(2) After section 17(1) of the Ombudsman Act 1973 insert —
"(1A) Information given under subsection (1)(a) to a person who made a relevant protected disclosure complaint must include a written statement advising the recipient that it is an offence under section 26FA to disclose the Ombudsman's intention to conduct an investigation.
(1B) The Ombudsman must not inform a person under subsection (1) if doing so would result in information being disclosed that—
(a) is likely to lead to the identification of a person who has made an assessable disclosure; and
(b) is not information to which section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies.".
(3) In section 17(4) of the Ombudsman Act 1973 —
(a) after "an authority" insert "or a protected disclosure entity";
(b) after "the authority" insert "or protected disclosure entity".
(4) After section 17(4) of the Ombudsman Act 1973 insert —
"(4A) If at any time during the course of an investigation on a relevant protected disclosure complaint about a Councillor it appears to the Ombudsman that there may be grounds for making a report adverse to the Councillor, the Ombudsman must, before making the report, give the responsible Minister or the Mayor of the relevant Council the opportunity to comment on the subject-matter of the investigation.".
(5) In section 17(5) of the Ombudsman Act 1973 —
(a) after "after an investigation" insert "(other than an investigation on a relevant protected disclosure complaint about a member of Parliament)";
(b) for "a final opinion adverse to the administrative action concerned" substitute "an adverse opinion in relation to the administrative action concerned or, in case of an investigation of a relevant protected disclosure complaint, an adverse opinion in relation to the conduct".
(6) In section 17(5A) of the Ombudsman Act 1973 —
(a) after "Council" (where first occurring) insert "or relates to a relevant protected disclosure complaint about conduct of a Councillor or a member of staff of a Council";
(b) in paragraph (b), after "administrative action" insert "or conduct".
(7) In section 17(6) of the Ombudsman Act 1973 —
(a) for "authority or a member, officer or employee of an authority" substitute "authority or a protected disclosure entity, or a member, officer or employee of an authority or a protected disclosure entity";
(b) in paragraph (a), after "the authority" insert "or protected disclosure entity";
(c) in paragraph (b), for "authority is a member of staff of a Council" substitute "authority or protected disclosure entity is a member of staff of a Council or a Councillor".
(8) After section 17(6) of the Ombudsman Act 1973 insert —
"(6A) The Ombudsman must not disclose any information under subsection (4), (4A), (5), (5A) or (6) that—
(a) is likely to lead to the identification of a person who has made an assessable disclosure; and
(b) is not information to which section 53(2)(a), (c) or (d) of the Protected Disclosure Act 2012 applies.".