PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 76 Protection of public officers
PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 76
Protection of public officers(1) This section applies if—
(a) a public officer of a receiving entity discloses—
(i) information to another public officer of that entity in the course of handling a disclosure; or
(ii) information in the course of notifying a disclosure to the IBAC under section 21 or 22; or
(iii) information to the IBAC under section 23; and
(b) the disclosure of the information is made in good faith; and
(c) the disclosure is made in accordance with—
(i) this Act and the regulations made under this Act; and
(ii) the
guidelines issued by the IBAC under Part 9; and
s. 76
(iii) the procedures of the receiving entity or, in the case of a member of police personnel, the procedures of the Chief Commissioner of Police established under Part 9.
(2) By disclosing the information, the public officer does not—
(a) commit an offence under section 95 of the Constitution Act 1975 or a provision of any other Act that imposes a duty to maintain confidentiality with respect to a matter or any other restriction on the disclosure of information; or
(b) breach an obligation by way of oath or rule of law or practice or under an agreement requiring him or her to maintain confidentiality or otherwise restricting the disclosure of information with respect to a matter.
(3) The public officer is not subject to any civil or criminal liability or any liability arising by way of administrative process (including disciplinary action) for disclosing the information.
(4) In this section—
"public officer of a receiving entity" means—
(a) an employee, member or officer of the receiving entity; or
(b) if the receiving entity is a public officer, that public officer; or
(c) a member of police personnel prescribed for the purposes of section 18;
"receiving entity" means an entity to which a disclosure may be made under Division 2 of Part 2.