Proper authority’s functions as to disclosed information
8 Proper authority’s functions as to disclosed information
A proper authority must investigate or cause to be investigated the information disclosed to it under this Act if the disclosure relates to —
the authority; or
a public officer or public sector contractor of the authority; or
a matter or person that the authority has a function or power to investigate.
A proper authority may refuse to investigate, or may discontinue the investigation of, a matter raised by the disclosure if it considers that —
the matter is trivial; or
the disclosure is vexatious or frivolous; or
there is no reasonable prospect of obtaining sufficient evidence due to the time that has elapsed since the occurrence of the matter; or
the matter is being or has been adequately or properly investigated by another person to whom an appropriate disclosure of public interest information has been made in accordance with section 5(3).
A proper authority that refuses to investigate, or discontinues the investigation of, a matter raised by a disclosure must give the person who made the disclosure the reason for its refusal.
Subsection (3) does not apply in respect of a person who made an anonymous disclosure.
[Section 8 amended: No. 31 of 2012 s. 10.]
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