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PUBLIC INTEREST DISCLOSURE ACT 2010 - SECT 17
How disclosure to be made
17 How disclosure to be made
(1) A person may make a disclosure to a proper authority in any way, including
anonymously.
(2) However, if a proper authority has a reasonable procedure
for making a public interest disclosure to the proper authority, the person
must use the procedure.
(3) Despite subsection (2) , if the proper authority
is a public sector entity, the person may make the disclosure to— (a) its
chief executive officer; or
(b) for a public sector entity that is a
department—the Minister responsible for its administration; or
(c) if the
proper authority that is a public sector entity has a governing body—a
member of its governing body; or
(d) if the person is an officer of the
entity—another person who, directly or indirectly, supervises or manages the
person; or
(e) an officer of the entity who has the function of receiving or
taking action on the type of information being disclosed. Examples of officers
for paragraph (e)— 1 an officer of an entity’s ethical standards unit,
if the disclosure is made under section 13 (1) (a) (i)
2 a health officer or
environmental officer of a department having a statutory or administrative
responsibility to investigate something mentioned in section 12 (1) (a) , (b)
or (c) or section 13 (1) (c) or (d)
3 the officer of an entity in charge of
its human resource management if the public interest disclosure is made under
section 12 (1) (d) and is about detriment to the career of an employee of the
entity
(4) This Act does not affect a procedure required under another Act
for disclosing the type of information being disclosed.
(5) If a public
interest disclosure is properly made to a proper authority, the
proper authority is taken to have received the disclosure for the purposes of
this Act.
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