Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC INTEREST DISCLOSURE ACT 2010 - SECT 60

Standards

60 Standards

(1) The oversight agency may make standards about the way in which public sector entities are to deal with public interest disclosures.
(2) Without limiting subsection (1) , a standard may provide for procedures relating to—
(a) the way in which public sector entities are to facilitate the making of public interest disclosures; and
(b) the way in which public sector entities are to perform their functions under this Act; and
(c) the protection of persons from reprisals taken by public sector entities or public officers; and
(d) the provision by public sector entities to the oversight agency of statistical information about public interest disclosures.
(3) Before making a standard, the oversight agency must take reasonable steps to consult with the public sector entities to which the standard may apply.
(4) For subsection (3) , the consultation must take place with—
(a) for a GOC—the GOC’s shareholding Ministers; or
(b) otherwise—the public sector entity’s chief executive.
(5) A failure to consult under subsection (3) does not affect the validity of the standard.
(6) A standard is binding on a public sector entity.
(7) However, if the public sector entity is a GOC, the standard is binding on the GOC only if the GOC’s shareholding Ministers—
(a) notified the GOC’s board, under the Government Owned Corporations Act 1993 , section 114 (1) , that the standard was to apply to the GOC; and
(b) before giving the notification mentioned in paragraph (a) , complied with the Government Owned Corporations Act 1993 , section 114 (3) .
(8) If a standard is not binding on a GOC because of the application of subsection (7) , the shareholding Ministers of the GOC must notify the oversight agency, in writing, that the standard is not binding on the GOC.
(9) A standard may be amended or replaced by a later standard made under this section.
(10) A standard may be made only by gazette notice.
(11) As soon as practicable after the oversight agency makes a standard, the oversight agency must ensure the standard is published on the oversight agency’s website.
(12) If a standard is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails to the extent of the inconsistency.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback