PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 34 Related disclosures

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 34

    (1)     For the purposes of this Part a disclosure is a related disclosure if—

        (a)     the disclosure is made to an investigating entity, other than in the circumstances specified in subsection (2), in the course of its investigation of a protected disclosure complaint; and

        (b)     the investigating entity is an entity to which the disclosure may be made under Division 2 of Part 2; and

        (c)     the disclosure concerns the same subject matter as the protected disclosure complaint being investigated by that entity.

    (2)     For the purposes of subsection (1)(a), the following circumstances are specified—

        (a)     the disclosure is made to—

              (i)     the IBAC; or

              (ii)     the Victorian Inspectorate in the course of its investigation of a protected disclosure complaint made to it under section 17; or

        (b)     the investigating entity to which the disclosure is made—

              (i)     is unable to investigate the disclosure because it is not authorised to do so under the Act authorising the investigation of the protected disclosure complaint to which the disclosure relates; or

              (ii)     is able to investigate the disclosure but does not intend to investigate the disclosure as part of its investigation of the protected disclosure complaint to which the disclosure relates.