Appropriate disclosure of public interest information, making
5 Appropriate disclosure of public interest information, making
Any person may make an appropriate disclosure of public interest information to a proper authority.
A person makes an appropriate disclosure of public interest information if, and only if, the person who makes the disclosure —
believes on reasonable grounds that the information is true; or
has no reasonable grounds on which to form a belief about the truth of the information but believes on reasonable grounds that the information may be true.
A disclosure of public interest information is made to a proper authority if —
where the information relates to an act or omission that constitutes an offence under a written law — it is made to a police officer or to the Corruption and Crime Commission; or
where the information relates to a substantial unauthorised or irregular use of, or substantial mismanagement of, public resources — it is made to the Auditor General; or
where the information relates to a matter of administration that can be investigated under section 14 of the Parliamentary Commissioner Act 1971 — it is made to the Parliamentary Commissioner or to a person who occupies a position specified under section 23(1)(a) in relation to the public authority concerned; or
where the information relates to a person who holds an appointment made under the Police Act 1892 Part I, III, IIIA or IIIB — it is made to the Commissioner of Police or to the Corruption and Crime Commission; or
where the information relates to a judicial officer — it is made to the Chief Justice; or
where the information relates to a member of either House of Parliament — it is made to the Presiding Officer of the House of Parliament to which the member belongs; or
where the information relates to a public officer (other than a member of Parliament, a Minister of the Crown, a judicial officer or an officer referred to in Schedule 1 to the Parliamentary Commissioner Act 1971) — it is made to the Commissioner or the Parliamentary Commissioner; or
where the information relates to a matter falling within the sphere of responsibility of a public authority — it is made to a person who occupies a position specified under section 23(1)(a) in relation to that authority; or
where the information relates to a person or a matter of a prescribed class — it is made to a person declared by the regulations to be a proper authority for the purposes of subsection (1) in relation to such information.
Where a public interest disclosure falls within 2 or more paragraphs of subsection (3), then it is made to a proper authority if made to any or all of the authorities contemplated by the applicable paragraphs.
A disclosure of public interest information may be made under this Act —
even though anything to which the disclosure relates occurred before the commencement of this Act; and
whether or not the person making the disclosure is able to identify any person whom the information concerns.
A person may make a disclosure of public interest information anonymously.
Nothing in this Act entitles a person to disclose information that would otherwise be the subject of legal professional privilege.
[Section 5 amended: No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2); No. 42 of 2009 s. 22(4); No. 31 of 2012 s. 9.]
This provision refers to the regulations (prescribed class
, declared by the regulations
). Made under this Act:
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