Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 112
Public
Interest Disclosure Amendment Bill 2010
Mr
Mills
A Bill for an Act to amend the Public Interest Disclosure Act
NORTHERN TERRITORY OF AUSTRALIA
PUBLIC INTEREST DISCLOUSURE AMENDMENT ACT 2010
____________________
Act No. [ ] of 2010
____________________
Table of provisions
11 Making public
interest disclosure
Part
7 Transitional matter for Public Interest
Disclosure Amendment Act 2010
59 Definitions
60 Application
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2010
____________________
An Act to amend the Public Interest Disclosure Act
[Assented to [ ] 2010]
[Second reading [ ] 2010]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Public Interest Disclosure Amendment Act 2010.
This Act amends the Public Interest Disclosure Act.
3 Amendment of section 4 (Definitions)
Section 4
insert (in alphabetical order)
journalist means a person engaged in the occupation of writing or editing material intended for publication in the print or electronic news media.
4 Repeal and substitution of section 11
Section 11
repeal, substitute
11 Making public interest disclosure
(1) Except as provided in subsection (2), a public interest disclosure must be made to the following:
(a) if the disclosure relates to an MLA other than the Speaker – the Speaker or Commissioner;
(b) otherwise – the Commissioner or responsible chief executive.
(2) A person may make a public interest disclosure to an MLA (other than the Speaker or an MLA to whom the disclosure relates), or a journalist, if:
(a) the person has already made a public interest disclosure (the earlier disclosure) under subsection (1) in relation to substantially the same public interest information; and
(b) the person reasonably believes:
(i) no action has been taken by the Commissioner, the Speaker, or a public body or public officer, as a response to the earlier disclosure within 6 months after the earlier disclosure was made; or
(ii) if any such action has been taken at any time – the action is inadequate or inappropriate; and
(c) the person is not seeking any reward or other advantage for making the disclosure; and
(d) for a disclosure to a journalist – the person reasonably believes any one or more of the following circumstances exist:
(i) property or the environment is or has been damaged, or there is an imminent risk of any such damage, as a result of the lack of action, or lack of adequate or appropriate action, mentioned in paragraph (b);
(ii) an individual is or has been harmed, or there is an imminent risk of any such harm, as a result of the lack of action, or lack of adequate or appropriate action, mentioned in paragraph (b);
(iii) any other circumstance prescribed by regulation.
(3) A public interest disclosure under subsection (1) or (2):
(a) may be made orally or in writing, but must be made in accordance with the procedure prescribed by regulation; and
(b) may be made anonymously.
(4) Without limiting subsection (2)(b), if the earlier disclosure was made or referred to the Commissioner, the person may form a reasonable belief covered by that subsection as a result of the Commissioner:
(a) deciding not to investigate the earlier disclosure; or
(b) deciding to discontinue the investigation of the earlier disclosure.
(5) Without limiting subsection (2)(c), a reference in that subsection to an advantage includes a reference to the avoidance of the termination of, or any disciplinary action relating to, the person's employment.
(6) A person making a public interest disclosure under subsection (2) (other than a disclosure made anonymously) must give the MLA or journalist a copy of each document in the person's possession that relates to any of the following:
(a) correspondence between the person and the person to whom the earlier disclosure was made about the earlier disclosure;
(b) response about the earlier disclosure from the person to whom the earlier disclosure was made.
(7) Subsection (2) does not prevent a person from making public interest disclosures in relation to substantially the same public interest information to more than one person under that subsection.
Examples for subsection (7)
1 A person made public interest disclosures in relation to substantially the same public interest information to 2 MLAs under subsection (2).
2 After a person has made a public interest disclosure to an MLA under subsection (2), the person made another public interest disclosure in relation to substantially the same public interest information to a journalist under that subsection.
5 Amendment of section 14 (Protection from liability for making public interest disclosure)
Section 14(1), after "public interest disclosure"
insert
in accordance with section 11
After section 58
insert
Part 7 Transitional matter for Public Interest Disclosure Amendment Act 2010
In this Part:
amending Act means the Public Interest Disclosure Amendment Act 2010.
commencement means the day on which the amending Act commences.
A person may make a public interest disclosure under section 11 as amended by the amending Act even though the alleged improper conduct occurred before the commencement.
[Index] [Search] [Download] [Related Items] [Help]