PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 153 Procedure relating to investigations

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 153

    (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.".