PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 160 Procedure on completion of investigation
PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 160
Procedure on completion of investigation(1) In section 23(1) of the Ombudsman Act 1973 , for "Division 2" substitute "Division 1A or 2".
(2) After section 23(2) of the Ombudsman Act 1973 insert —
"(2A) On completion of an investigation on a relevant protected disclosure complaint (other than a relevant protected disclosure complaint about a member of Parliament) the Ombudsman—
(a) must report the findings of the investigation—
(i) to the principal officer (if any) of the appropriate authority or protected disclosure entity; or
(ii) if there is no principal officer, to the responsible Minister for the authority or protected disclosure entity; or
(iii) if the protected disclosure complaint is about a Councillor, to the Mayor of the appropriate Council; and
(b) may make recommendations as to the action to be taken as a result of the investigation.".
(3) In section 23(3) of the Ombudsman Act 1973 —
(a) after "subsection (2)" insert "or (2A)";
(b) in paragraph (a)(i), after "authority" insert "or protected disclosure entity".
(4) In section 23(4) of the Ombudsman Act 1973 —
(a) after "subsection (2)" insert "or (2A)";
(b) after "an authority" insert "or a protected disclosure entity, or the Mayor of the appropriate Council";
(c) after "responsible Minister" (where second occurring) insert "or Mayor".
(5) In section 23(5) of the Ombudsman Act 1973 —
(a) after "subsection (2)" insert "or (2A)";
(b) after "responsible Minister"
insert
"or Mayor";
(c) in paragraph (b), for "the Council—" substitute "the Council; and";
(d) after paragraph (b) insert —
"(c) where the report relates to a relevant
protected disclosure complaint about a Councillor or a member of staff of a
Council, to the Mayor of the
Council—".
(6) After section 23(6) of the Ombudsman Act 1973 insert —
"(6A) The Ombudsman must not include in a recommendation under subsection (2) or (2A) any information 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.".