Victorian Current Acts

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Misdirected disclosures

    (1)     A public interest disclosure made to an entity (the  receiving entity ) that is not an entity to which the disclosure may or must be made under this Division is a misdirected disclosure if—

        (a)     the receiving entity is an entity to which a public interest disclosure may be made under this Division; and

        (b)     the person who made the disclosure honestly believed that the receiving entity was an appropriate entity to which to make the disclosure.


A misdirected disclosure may be notified for assessment under section 21 if the receiving entity considers that the disclosure shows or tends to show either of the matters mentioned in section 21(1)(b)(i) or (ii). Also, the protections under Part 6 apply to a misdirected disclosure. See section 38.

    (2)     Subsection (1) does not apply to a public interest disclosure that relates to a member of Parliament.

Division 3—Disclosures that are not public interest disclosures

S. 19 substituted by No. 2/2019 s. 9.

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