Australian Capital Territory Repealed Acts

This legislation has been repealed.

PUBLIC INTEREST DISCLOSURE ACT 1994 (REPEALED) - SECT 22

    (1)     Subject to subsection (2), if, after investigation, a proper authority is of the opinion that a public interest disclosure has revealed—

        (a)     that a person has engaged, is engaging, or proposes to engage, in disclosable conduct; or

        (b)     public wastage; or

        (c)     that a person has engaged, is engaging, or proposes to engage, in an unlawful reprisal; or

        (d)     that a public official has engaged, is engaging, or proposes to engage, in conduct that amounts to a substantial and specific danger to the health or safety of the public;

the authority shall take the action necessary and reasonable—

        (e)     to prevent the conduct or reprisal continuing or occurring in future; and

        (f)     to discipline any person responsible for the conduct or reprisal.

    (2)     If the ombudsman or the auditor-general reports that a public interest disclosure has revealed—

        (a)     that a person has engaged, is engaging, or proposes to engage, in disclosable conduct; or

        (b)     public wastage; or

        (c)     that a person has engaged, is engaging, or proposes to engage, in an unlawful reprisal; or

        (d)     that a public official has engaged, is engaging, or proposes to engage, in conduct that amounts to a substantial and specific danger to the health or safety of the public;

a proper authority to which the disclosure relates shall, having regard to any recommendations of the ombudsman or the auditor-general, take the action necessary and reasonable—

        (e)     to prevent the conduct or reprisal continuing or occurring in future; and

        (f)     to discipline any person responsible for the conduct or reprisal.

    (3)     Subsections (1) and (2) do not apply if—

        (a)     an investigation, or a report by the ombudsman or the auditor-general, reveals conduct referred to in subsection (1) (d) or (2) (d); and

        (b)     the conduct is necessary to give effect to a Territory law.