Australian Capital Territory Numbered Acts

PUBLIC INTEREST DISCLOSURE ACT 2012 (NO. 43 OF 2012)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Object of Act  

   PART 2--IMPORTANT CONCEPTS

   7.      Meaning of public interest disclosure  
   8.      Meaning of disclosable conduct  
   9.      Meaning of public sector entity  
   10.     Meaning of public official  
   11.     Meaning of disclosure officer  
   12.     Meaning of relates to an entity  
   13.     Meaning of head of a public sector entity  

   PART 3--MAKING A PUBLIC INTEREST DISCLOSURE

   14.     Who may make a public interest disclosure?  
   15.     To whom may a public interest disclosure be made?  
   16.     How may a public interest disclosure be made?  
   17.     Disclosure officer must tell public sector entity about public interest  

   PART 4--INVESTIGATING A PUBLIC INTEREST DISCLOSURE

   18.     Investigation of public interest disclosure  
   19.     Referral to another public sector entity  
   20.     Investigating entity may decide not to investigate etc  
   21.     Referral to chief police officer  
   22.     Investigating entity must keep referring entity informed  
   23.     Discloser must be kept informed  
   24.     Public sector entity must take action  
   25.     Commissioner must be kept informed  
   26.     Limitations on obligations to keep people informed etc  

   PART 5--PUBLIC INTEREST DISCLOSURE TO THIRD PARTIES

   27.     When disclosure may be made to Legislative Assembly or  

   PART 6--OVERSIGHT OF PUBLIC INTEREST DISCLOSURES

   28.     Commissioner's functions  
   29.     Commissioner may review decisions  
   30.     Report by commissioner  
   31.     Commissioner must tell discloser about decision  
   32.     Commissioner's guidelines  
   33.     Public interest disclosure procedures  
   34.     Role of the ombudsman  

   PART 7--PROTECTIONS FOR DISCLOSERS

   35.     Immunity from liability  
   36.     Protection from defamation action  
   37.     Loss of protection  
   38.     Liability for own conduct  
   39.     What is detrimental action?  
   40.     Offence—taking detrimental action  
   41.     Damages for detrimental action  
   42.     Injunction to prevent detrimental action etc  

   PART 8--MISCELLANEOUS

   43.     Protection of officials from liability  
   44.     Offences—use or divulge protected information  
   45.     Information to be included in annual report  
   46.     Approved forms  
   47.     Regulation-making power  

   PART 20--TRANSITIONAL

   100.    Act applies to disclosures made after commencement  
   101.    Public Interest Disclosure Act 1994 applies to disclosures made before  
   102.    Transitional regulations  
   103.    Expiry—pt 20  

   PART 21--REPEALS AND CONSEQUENTIAL AMENDMENTS

   104.    Repeal of Public Interest Disclosure Act 1994  
   105.    Ombudsman Act 1989, section 4A (c)  
   106.    Ombudsman Act 1989, new section 5 (2A)  
           DICTIONARY
           ENDNOTES