Queensland Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2010

- As at 1 March 2023 
- Act 38 of 2010 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement

   PART 2 - MAIN OBJECTS

   3.      Main objects of Act

   PART 3 - INTERPRETATION

   4.      Definitions
   5.      Meaning of proper authority
   6.      Meaning of public sector entity
   7.      Meaning of public officer
   8.      Meaning of chief executive officer

   PART 4 - OPERATION OF ACT

   9.      Act binds all persons
   10.     Other protection saved

CHAPTER 2 - PUBLIC INTEREST DISCLOSURES

   PART 1 - INTERPRETATION

   11.     Meaning of public interest disclosure

   PART 2 - GENERAL PUBLIC INTEREST DISCLOSURES

           Division 1 - Information that may be disclosed and who may disclose it

   12.     Disclosure by any person
   13.     Disclosure by a public officer

           Division 2 - To whom disclosure may be made

   14.     When member of the Legislative Assembly is a proper authority
   15.     Public sector entity is a proper authority if particular connection
   16.     Chief judicial officer etc. is only proper authority

           Division 3 - How disclosure may be made

   17.     How disclosure to be made
   18.     (Repealed)

   PART 3 - SPECIFIC PUBLIC INTEREST DISCLOSURES—CORPORATE ENTITIES AND GOCS

   19.     Disclosure concerning GOC or rail government entity

   PART 4 - PUBLIC INTEREST DISCLOSURES TO JOURNALISTS

   20.     When disclosure may be made to a journalist

   PART 5 - MISCELLANEOUS PROVISIONS

   21.     Conduct of unknown person
   22.     Involuntary disclosure
   23.     Disclosure in court or tribunal proceeding
   24.     Past, present or future event
   25.     Number of disclosures not limited

CHAPTER 3 - OBLIGATIONS OF ENTITIES TO WHOM DISCLOSURES MAY BE MADE

   PART 1 - PRELIMINARY

   26.     Definition for ch 3
   27.     Purpose of chapter

   PART 2 - PUBLIC SECTOR ENTITIES

   28.     Reasonable procedures to deal with public interest disclosures
   29.     Record of disclosure
   30.     When no action required
   31.     Referral of disclosure
   32.     Person who made disclosure, or referring entity, to be informed
   33.     Disclosure information to be given to oversight agency

   PART 3 - MEMBERS OF LEGISLATIVE ASSEMBLY

   34.     Referral of disclosure
   35.     Legislative Assembly may still deal with disclosure

CHAPTER 4 - PROTECTION

   PART 1 - GENERAL

   36.     Immunity from liability
   37.     Confidentiality provisions do not apply
   38.     Protection from defamation action
   39.     Liability for own conduct
   40.     Reprisal and grounds for reprisal
   41.     Offence of taking reprisal
   42.     Damages entitlement for reprisal
   43.     Vicarious liability of public sector entity
   44.     Complaint under the Anti-Discrimination Act 1991
   45.     Reasonable management action not prevented

   PART 2 - ADMINISTRATIVE ACTIONS

   46.     Right of appeal or review of public officer
   47.     Relocation of public service employee

   PART 3 - INJUNCTIONS

   48.     Right to apply to industrial commission
   49.     Right to apply to Supreme Court
   50.     No right to apply for injunction if complaint made under the Anti-Discrimination Act 1991
   51.     Grounds for injunction
   52.     Order may require stated action
   53.     Evidence
   54.     Interim injunction
   55.     Restrictions about application
   56.     Undertaking as to damages and costs

CHAPTER 5 - OVERSIGHT AGENCY

   57.     Definition for ch 5
   58.     Who is the oversight agency
   59.     Main functions
   60.     Standards
   61.     Annual report
   62.     Review of Act
   63.     Application of chapter to Crime and Corruption Commission

CHAPTER 6 - MISCELLANEOUS

   64.     Protection from liability
   65.     Preservation of confidentiality
   66.     False or misleading information
   67.     Misconduct by breach of Act
   68.     Proceedings for offences generally
   69.     Proceedings for indictable offences
   70.     Change to a committal proceeding during summary proceeding
   71.     Regulation-making power

CHAPTER 7 - REPEAL

   72.     Repeal

CHAPTER 8 - TRANSITIONAL PROVISIONS FOR PUBLIC INTEREST DISCLOSURE ACT 2010

   73.     Definitions for ch 8
   74.     Disclosures made under repealed Act
   75.     Vicarious liability of employers
   76.     Complaint under the Anti-Discrimination Act 1991
   77.     Confidentiality of information

CHAPTER 9 - TRANSITIONAL PROVISION FOR PUBLIC SERVICE AND OTHER LEGISLATION AMENDMENT ACT 2012

   78.     Continuation of standards made by oversight agency
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 4