Public Interest Disclosure Act 2012

This Act is the Public Interest Disclosure Act 2012.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘head of service—see the Public Sector Management Act 1994, dictionary.’ means that the term ‘head of service’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The object of this Act is to promote the public interest by—

providing a way for people to disclose disclosable conduct; and

ensuring people who make public interest disclosures are protected and treated respectfully; and

ensuring public interest disclosures are properly investigated and dealt with; and

ensuring that appropriate consideration is given to the interests of people who make public interest disclosures and the people who are the subject of the disclosures.

Part 2 Important concepts

In this Act:

public interest disclosure means a disclosure of disclosable conduct that is taken to be a public interest disclosure under section 17A (3) or section 27 (4).

Note 1 Disclosers and witnesses in relation to public interest disclosures are protected from liability (see pt 7).

Note 2 A discloser for a public interest disclosure may forfeit protections (see s 37).

For this Act, disclosable conduct means an action or a policy, practice or procedure of a public sector entity, or public official for a public sector entity, that—

is maladministration; or

results in a substantial and specific danger to public health or safety, or the environment.

However, disclosable conduct does not include an action or a policy practice or procedure of a public sector entity, or a public official for a public sector entity, that—

relates to a personal work-related grievance of the person disclosing the conduct; or

is to give effect to a policy of the Territory about amounts, purposes or priorities of public expenditure.

Examples—par (a)

1 an interpersonal conflict between the person and another employee

2 a decision not to approve the person’s leave application

3 a decision relating to the employment, transfer or promotion of the person

4 a decision relating to the terms and conditions of employment of the person

5 a decision to suspend or terminate the employment of the person, or to discipline the person

In this section:

environment—see the Environment Protection Act 1997, dictionary.

maladministration means conduct or a policy, practice or procedure that—

results in a substantial mismanagement of public resources or public funds; or

involves substantial mismanagement in the performance of official functions.

public funds means funds available to, or under the control of, a public sector entity including public and trust money within the meaning of the Financial Management Act 1996.

public health or safety includes the health or safety of people—

under lawful care or control; or

using community facilities or services provided by the private sector or public sector; or

in workplaces.

Examples—par (a)

1 students under the care or control of a teacher

2 patients in a health facility

3 detainees in a correctional facility

For this Act, a public sector entity is any of the following:

an ACTPS entity;

a Legislative Assembly entity;

an entity prescribed by regulation.

Note ACTPS entity and Legislative Assembly entity—see the dictionary.

However, a public sector entity does not include an entity prescribed by regulation.

Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation made for subsection (2) commences—

if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—on the day after the day the motion is negatived; or on the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or if the regulation provides for a later date or time of commencement—on that date or at that time.

For this Act, a public official for a public sector entity is—

a person who is or has been—

an employee of the public sector entity; or

a contractor, employee of a contractor or volunteer exercising a function of the public sector entity; or

a person prescribed by regulation.

For this Act, a disclosure officer for a disclosure of disclosable conduct is any of the following:

for a disclosure that relates to an ACTPS entity—

the public sector standards commissioner; or

the head of service; or

the auditor-general; or

the ombudsman; or

the integrity commissioner; or

the head of an ACTPS entity; or

a person nominated under subsection (2) for an ACTPS entity;

for a disclosure that relates to a Legislative Assembly entity—

the clerk of the Legislative Assembly; or

the auditor-general; or

the ombudsman; or

the integrity commissioner; or

a person nominated under subsection (2) for a Legislative Assembly entity.

The head of a public sector entity must—

nominate at least 1 person to be a disclosure officer for disclosures of disclosable conduct for the entity; and

publish the disclosure officer’s contact details on the entity’s website; and

if the entity is not the integrity commissioner—give the disclosure officer’s contact details to the integrity commissioner.

The integrity commissioner must publish, on the integrity commissioner’s website, the contact details given under subsection (2) (c).

For this Act, a disclosure of disclosable conduct or a public interest disclosure relates to an entity if it is about—

the entity’s disclosable conduct; or

for a public sector entity—the disclosable conduct of a public official for the entity; or

the disclosable conduct of another person that affects the exercise of functions of—

the entity; or

for a public sector entity—a public official for the entity.

For this Act, the head of a public sector entity is any of the following:

for an ACTPS entity—

for an administrative unit—the director-general of the administrative unit; and

for a territory authority—the person who has responsibility for managing the affairs of the territory authority; and

for a territory-owned corporation or a subsidiary of a territory‑owned corporation—the person who has responsibility for managing the affairs of the territory‑owned corporation; and

for a territory instrumentality—the person who has responsibility for managing the affairs of the territory instrumentality; and

for a statutory office-holder—the statutory office-holder;

for a Legislative Assembly entity other than an officer of the Assembly—the clerk of the Legislative Assembly;

for an officer of the Assembly—the officer;

for an entity prescribed by regulation under section 9 (1) (c)—the person prescribed by regulation.

Part 3 Disclosing disclosable conduct