PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 94 New section 46A inserted

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 94

After section 46 of the Independent Broad-based Anti-corruption Commission Act 2011 insert —

        " 46A     Conducting investigations into protected disclosure complaints about detrimental action

    (1)     This section applies if—

        (a)     a protected disclosure complaint (the original protected disclosure complaint ) is made that the IBAC may investigate in accordance with its investigative functions under this Act; and

        (b)     a further protected disclosure complaint is made (whether by the person who made the original protected disclosure complaint or by anyone else) alleging that a public officer or public body has taken, or a proposes to take, detrimental action in reprisal for the original protected disclosure complaint in contravention of section 45 of the Protected Disclosure Act 2012 .

    (2)     If the original protected disclosure complaint is a complaint that the IBAC may investigate under section 41, then for the purposes of that section, the IBAC may conduct an investigation, in accordance with its corrupt conduct investigative functions, on the further protected disclosure complaint.

    (3)     Subsection (2) applies whether or not the IBAC is reasonably satisfied that the conduct that is the subject of the further protected disclosure complaint is serious corrupt conduct.

    (4)     If the original protected disclosure complaint is a complaint that the IBAC may investigate under section 45, then for the purposes of that section, the IBAC may conduct an investigation, in accordance with its police personnel conduct investigative functions, on the further protected disclosure complaint.".