Public Interest Disclosure Act 2013

This section applies if an authorised officer of an agency decides, under paragraph 43(3)(b), not to allocate a disclosure to any agency.

If the authorised officer is satisfied, on reasonable grounds, that the conduct disclosed would be more appropriately investigated under another law or power, the authorised officer must, as soon as reasonably practicable, take reasonable steps to refer the conduct disclosed, or to facilitate its referral, for investigation under the other law or power.

As soon as reasonably practicable after making the decision not to allocate the disclosure, the authorised officer of the agency must:

if reasonably practicable, give written notice to the discloser of:

the decision not to allocate the disclosure, and the reasons for the decision; and

if the authorised officer has taken action, or proposes to take action, under subsection (2)—the details of the action taken or proposed; and

if subparagraph (ii) does not apply—any courses of action that might be available to the discloser under another law or power; and

except to the extent, if any, to which the conduct disclosed relates to an intelligence agency, or AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions—give written notice to the Ombudsman of:

the decision not to allocate the disclosure, and the reasons for the decision; and

whether the authorised officer has taken action, or proposes to take action, under subsection (2); and

if the authorised officer has taken, or proposes to take, such action—the details of such action; and

to the extent, if any, to which the conduct disclosed relates to an intelligence agency, or AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions—give written notice to the IGIS of:

the decision not to allocate the disclosure, and the reasons for the decision; and

whether the authorised officer has taken action, or proposes to take action, under subsection (2); and

if the authorised officer has taken, or proposes to take, such action—the details of such action.

For the purposes of subsection (3), the details of action taken, or proposed to be taken, under subsection (2) in relation the referral of the conduct disclosed for investigation under another law or power must include details of the following:

the other law or power;

the agency or other person or body to which the conduct has been, or is to be, referred;

the steps taken, or proposed to be taken, for the conduct to be referred or to facilitate its referral.