Public Interest Disclosure Act 2013

On completing an investigation under this Division, the principal officer of the agency must prepare a report of the investigation.

The report must set out:

the matters considered in the course of the investigation; and

the duration of the investigation; and

the principal officer’s findings (if any); and

the action (if any) that has been, is being, or is recommended to be, taken; and

claims of any reprisal taken against the discloser, or any other person, that relates to the matters considered in the course of the investigation, together with any related evidence; and

the agency’s response to any claims or evidence mentioned in paragraph (e).

For the purposes of paragraph (d), the report might include, for example, a recommendation that an investigation be conducted, under procedures established under subsection 15(3) of the Public Service Act 1999, into whether an APS employee has breached the Code of Conduct under that Act.

See also section 54 (adoption of findings of another investigation).

In preparing the report, the principal officer must comply with any standards in force under section 74.

The principal officer must, within a reasonable time after preparing the report, give written notice of the completion of the investigation, together with a copy of the report, to:

the discloser, if reasonably practicable; and

the Ombudsman, unless paragraph (c) applies; and

the IGIS, if:

the principal officer’s agency is an intelligence agency; or

the principal officer’s agency is AUSTRAC, the Department of Home Affairs or the Australian Federal Police and the report relates to that agency’s intelligence functions.

Another situation in which the copy of the report may be shared is if the investigation concerns conduct related to another agency. Section 65 may authorise such sharing, but does not limit the extent to which the sharing may be authorised or permitted under law.

The principal officer may delete from the copy given to the discloser any material:

that is likely to enable the identification of the discloser or another person; or

the inclusion of which would:

result in the copy being a document that is exempt for the purposes of Part IV of the Freedom of Information Act 1982; or

result in the copy being a document having, or being required to have, a national security or other protective security classification; or

result in the copy containing intelligence information; or

contravene a designated publication restriction.

The principal officer may delete from a copy of the report given to the Ombudsman or the IGIS any material:

that is likely to enable the identification of the discloser or another person; or

the inclusion of which would contravene a designated publication restriction.