Ombudsman must refuse to investigate certain public interest complaints
15D Ombudsman must refuse to investigate certain public interest complaints
S. 15D(1) amended by No. 2/2019 s. 79(Sch. 1 Pt C item 8(a)).
The Ombudsman must refuse to conduct an investigation on a public interest complaint if conducting the investigation would be contrary to section 13AB.
S. 15D(2) amended by No. 2/2019 s. 79 (Sch. 1 Pt C item 8(b)).
The Ombudsman must refuse to conduct an investigation on a public interest complaint about conduct by or in an authority or a public interest disclosure entity unless the Ombudsman is reasonably satisfied that the public interest complaint shows or tends to show that—
S. 15D(2)(a) amended by No. 2/2019 s. 79(Sch. 1 Pt C item 8(c)).
the authority or public interest disclosure entity or a member, officer or employee of the authority or public interest disclosure entity has engaged, is engaging or proposes to engage in improper conduct; or
S. 15D(2)(b) amended by No. 2/2019 s. 79 (Sch. 1 Pt C item 8(d)).
the authority or public interest disclosure entity or a member, officer or employee of the authority or public interest disclosure entity has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012.
S. 15D(2A) inserted by No. 31/2024 s. 86.
The Ombudsman must refuse to conduct an investigation on a public interest complaint about conduct of any person affecting or seeking to affect conduct by or in an authority or a public interest disclosure entity unless the Ombudsman is reasonably satisfied that the public interest complaint shows or tends to show that improper conduct within the meaning of section 4(1)(c) of the Public Interest Disclosures Act 2012 has been, is being or is proposed to be engaged in.
S. 15D(2B) inserted by No. 31/2024 s. 86.
The Ombudsman must refuse to conduct an investigation on a public interest complaint about conduct of any person that could constitute a conspiracy or attempt to engage in conduct referred to in section 4(1)(a), (b) or (c) of the Public Interest Disclosures Act 2012 in relation to conduct by or in an authority or a public interest disclosure entity unless the Ombudsman is reasonably satisfied that the public interest complaint shows or tends to show that improper conduct within the meaning of section 4(1)(d) of that Act has been, is being or is proposed to be engaged in.
S. 15D(3) amended by No. 2/2019 s. 79(Sch. 1 Pt C item 8(e)).
In this section, improper conduct has the meaning given in section 4 of the Public Interest Disclosures Act 2012.
S. 15E (Heading) amended by No. 2/2019 s. 79(Sch. 1 Pt C item 9).
S. 15E inserted by No. 85/2012 s. 148.
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