Duties under this Act of certain persons limited
12 Duties under this Act of certain persons limited
The Corruption and Crime Commission and the Parliamentary Commissioner are not required to comply with sections 8(1), 9 and 10 if the disclosure relates to a matter that it is a function of the Corruption and Crime Commission or the Parliamentary Commissioner to investigate, inquire into, deal with, or take any other step with respect to, under another written law, whether on the complaint of a person or on its or his or her own motion.
If a person makes a disclosure of public interest information under this Act to the Parliamentary Commissioner, the Parliamentary Commissioner Act 1971 section 26 applies as if the disclosure were the making of a complaint under that Act.
If a disclosure of public interest information is made —
to a declared person; and
the information relates to a matter which it is a function of the person to investigate, inquire into, deal with, or take any other step with respect to, under another written law, whether on the complaint of a person or on that person’s own motion,
sections 8(1) and 9 do not apply to that declared person in relation to that disclosure.
If a declared person has a duty under a written law other than this Act to make a progress report to a person who has made a complaint to it —
section 10 does not apply to the declared person; and
a progress report is to be made to any person who disclosed public interest information to that declared person under this Act as if the disclosure were the making of a complaint under that written law.
Subsection (4)(b) does not apply in respect of a person who made an anonymous disclosure.
In this section —
complaint includes an allegation, application, charge, motion, objection, petition, report, request or summons;
declared person means a person declared in regulations made for the purposes of paragraph (g) of the definition of public authority to be a public authority.
[Section 12 amended: No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2); No. 8 of 2009 s. 104(2); No. 31 of 2012 s. 12.]
This provision refers to the regulations (declared in regulations
). Made under this Act:
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