Queensland Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2010 - SECT 19

19 Disclosure concerning GOC or rail government entity

(1) This section applies if an employee of a GOC or rail government entity has information about—

(a) the conduct of another employee of the GOC or rail government entity, that could, if proved, be corrupt conduct; or

(b) the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the employee to the GOC, rail government entity or the Crime and Corruption Commission.

(2) The employee may make a disclosure in relation to the information to the GOC, rail government entity or the Crime and Corruption Commission.

(3) For subsection (1) , an employee has information about the conduct of a person if—

(a) the employee honestly believes on reasonable grounds that the information tends to show the conduct; or

(b) the information tends to show the conduct, regardless of whether the employee honestly believes the information tends to show the conduct.

(4) The employee may make a disclosure under this section in any way, including anonymously.

(5) However, for a disclosure to a GOC or rail government entity, if the GOC or rail government entity has a reasonable procedure for making a public interest disclosure to the GOC or rail government entity, the employee must use the procedure.

(6) This Act does not affect a procedure required under another Act for disclosing the type of information being disclosed.

(7) If a public interest disclosure is properly made to a GOC or rail government entity, the GOC or rail government entity is taken to have received the disclosure for the purposes of this Act.

(8) This section does not affect—

(a) the making of a public interest disclosure by any person under section 12 ; or

(b) the making of a complaint to the Crime and Corruption Commission under the Crime and Corruption Act 2001 .

(9) This section does not affect a referral under section 31 —

(a) from a GOC or rail government entity to a public sector entity of a public interest disclosure made to the GOC or rail government entity under this section; or

(b) from a public sector entity to a GOC or rail government entity of a public interest disclosure made to the public sector entity under section 15 .

(10) This section is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to section 1317AE of that Act.

Note—

The Corporations Act , section 5G , provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.