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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Public Interest Disclosure)
Bill 2010
A BILL FOR
An Act to amend the Public Sector Act 2009 and the
Whistleblowers Protection Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Public Sector
Act 2009
4 Amendment of section
3—Interpretation
5 Substitution of section 7
7 Public
sector public interest disclosure and investigation
systems
6 Amendment of section 12—Agencies to report
annually
7 Amendment of section 14—Functions of
Commissioner
8 Amendment of section 21—Annual report of
Commissioner
Part 3—Amendment of Whistleblowers Protection
Act 1993
9 Amendment of section
4—Interpretation
10 Amendment of section 5—Immunity for
appropriate disclosures of public interest information
11 Insertion of
section 5A
5A Role of Ombudsman
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Public Interest
Disclosure) Act 2010.
(1) Subject to subsection (2), this Act comes into operation on the
day on which it is assented to by the Governor.
(2) Part 2 will come into operation 2 months after the day on which
this Act is assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part
2—Amendment of Public Sector
Act 2009
4—Amendment of
section 3—Interpretation
Section 3(1)—after the definition of misconduct
insert:
public interest disclosure and investigation system—see
section 7;
Section 7—delete the section and substitute:
7—Public sector public interest disclosure and
investigation systems
(1) Each public sector agency must—
(a) establish a public interest disclosure and investigation system;
and
(b) make information about its public interest disclosure and
investigation system available to employees of the agency.
(2) A public interest disclosure and investigation system for a public
sector agency must—
(a) designate 1 or more responsible officers for the agency for
the purposes of the Whistleblowers Protection Act 1993;
and
(b) encourage disclosure to the responsible officer or other appropriate
authority under that Act of public interest information (within the meaning of
that Act) relating to the agency or its employees or contractors; and
(c) establish procedures for the investigation or appropriate referral of
such disclosures; and
(d) contain measures for the protection of persons who make such
disclosures against acts of victimisation under that Act; and
(e) require the Commissioner to be informed of each such disclosure and of
how it has been investigated or otherwise dealt with by the agency;
and
(f) be approved by the Commissioner.
6—Amendment of
section 12—Agencies to report annually
Section 12—after subsection (6) insert:
(6a) The report must describe the agency's public interest disclosure and
investigation system and contain information (including relevant statistics)
about disclosures of public interest information to responsible officers for the
agency under the Whistleblowers Protection Act 1993 and the outcome
of investigations into the matters to which the disclosures relate.
7—Amendment of
section 14—Functions of Commissioner
(1) Section 14(c)—delete "and employment determinations" and
substitute:
, employment determinations and public interest disclosure and
investigation systems
(2) Section 14(g)—after "Whistleblowers Protection
Act 1993" insert:
or a public interest disclosure and investigation system
8—Amendment of
section 21—Annual report of Commissioner
Section 21(2)—after paragraph (b) insert:
(ba) contain information (including relevant statistics) about disclosures
of public interest information to the Commissioner under the Whistleblowers
Protection Act 1993 and the outcome of investigations into the matters
to which the disclosures relate; and
(bb) contain information (including relevant statistics) about
investigations conducted by the Commissioner as a consequence of information
being provided to the Commissioner under public interest disclosure and
investigation systems of public sector agencies and the outcome of such
investigations; and
Part 3—Amendment
of Whistleblowers Protection
Act 1993
9—Amendment of
section 4—Interpretation
Section 4(1), definition of public interest
information—after subparagraph (iv) insert:
(v) in an act of victimisation under this Act; or
10—Amendment of
section 5—Immunity for appropriate disclosures of public interest
information
(1) Section 5(2)(b)—after "disclosure" second occurring
insert:
or the disclosure is made in the circumstances set out in
subsection (4a)
(2) Section 5—after subsection (2) insert:
(2a) A person's motivation in making a disclosure is irrelevant in
determining whether the conditions specified in subsection (2) are
satisfied.
(3) Section 5(4)—delete "Minister of the Crown" and
substitute:
member of Parliament
(4) Section 5—after subsection (4) insert:
(4a) If—
(a) a disclosure of public interest information has been made to a person
to whom it is, in the circumstances of the case, reasonable and appropriate to
make the disclosure; and
(b) that person has not acted on the information within a reasonable time;
and
(c) the person making the disclosure believes on reasonable grounds that
the information relates to a substantial and imminent risk to public health or
safety,
the information may be disclosed to a representative of the news
media.
(5) Section 5—after subsection (5) insert:
(6) If a disclosure of information relating to a public officer (other
than a member of the police force or a member of the judiciary) is made to a
person other than the Ombudsman, the person to whom the disclosure is made must
pass the information on as soon as practicable to the Ombudsman.
After section 5 insert:
5A—Role of Ombudsman
For the purposes of the Ombudsman Act 1972—
(a) a practice or procedure relating to the handling or investigation of a
disclosure of public interest information is an administrative practice and
procedure; and
(b) an act or omission in response to a disclosure of public interest
information is an administrative act.