Overview of Bill

The object of this Bill is to amend the Public Interest Disclosures Act 1994 (the
principal Act):

(a) to include the Information Commissioner on the Public Interest Disclosures
Steering Committee, and

(b) to require each public authority to provide quarterly data to the Ombudsman
on the authority's compliance with the principal Act, and

(c) to require each public authority's public interest disclosures policy to require
that a person who makes a public interest disclosure to the authority is to be
provided, within 45 days of the person having made the disclosure, with a copy
of the policy and an acknowledgment of the receipt of the disclosure, and

(d) to clarify the process for the referral of evidence of an alleged reprisal for a
public interest disclosure to the Commissioner of Police, the Police Integrity
Commission (the PIC), the Independent Commission Against Corruption (the
ICAC), the Attorney General and the Director of Public Prosecutions, and

(e) to expand the matters in respect of which public interest disclosures may be
made to the local government investigating authority, and

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Public Interest Disclosures Amendment Bill 2011
Explanatory note

(f) to make provision for the involvement of the Ombudsman in resolving
disputes arising from a public interest disclosure having been made by a public
official, and

(g) to clarify the responsibilities of the head of a public authority.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act (except for
Schedule 1 [5]) on a day or days to be appointed by proclamation. Schedule 1 [5]
commences on 1 January 2012.

Schedule 1 Amendment of Public Interest
Disclosures Act 1994 No 92
Schedule 1 [2] replaces the term "protected disclosure" with the term "public interest
disclosure". Schedule 1 [6], [9] and [12] make consequential amendments.

Schedule 1 [4] expands the membership of the Public Interest Disclosures Steering
Committee to include the Information Commissioner.

Schedule 1 [5] requires each public authority to prepare quarterly reports for the
Ombudsman containing information on the authority's compliance with its
obligations under the principal Act in addition to the annual reports that are currently
required to be prepared for tabling in Parliament.

Schedule 1 [7] provides that a public authority's policy for receiving, assessing and
dealing with public interest disclosures must ensure that a person who makes a public
interest disclosure receives, within 45 days of the person having made the disclosure,
a copy of the policy and a written acknowledgment of receipt of the disclosure.

Schedule 1 [8] provides that the head of a public authority must ensure that the
authority has a public interest disclosures policy, that the policy designates at least
one officer of the authority as being responsible for receiving public interest
disclosures on behalf of the authority, that the staff of the authority are aware of the
contents of the policy and the protections under the principal Act and that the
authority complies with the policy and the authority's obligations under the principal
Act.

Schedule 1 [11] expands the matters in respect of which public interest disclosures
may be made to the local government investigating authority in relation to local
government. The new matters are allegations of corrupt conduct, maladministration,
government information contraventions and local government pecuniary interest
contraventions. Presently, public interest disclosures may be made to the local
government investigating authority only in respect of serious and substantial waste
of local government money. Schedule 1 [1], [3], [10], [14] and [19] make
consequential amendments.

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Public Interest Disclosures Amendment Bill 2011
Explanatory note
Schedule 1 [13] clarifies the process for the referral of evidence of an alleged reprisal
for a public interest disclosure. Schedule 1 [17] makes a consequential amendment.

Public authorities (other than investigating authorities and the NSW Police Force)
are to refer evidence of an offence to the Commissioner of Police or the ICAC
(except for evidence relating to alleged offences by the NSW Police Force, which
must be referred to the PIC).

Investigating authorities (other than the ICAC, the ICAC Inspector, the PIC and the
PIC Inspector) must, after completing or discontinuing an investigation, refer
evidence of an offence to the Commissioner of Police (except for evidence relating
to alleged offences by the NSW Police Force, which must be referred to the PIC).

The NSW Police Force, the ICAC, the ICAC Inspector, the PIC and the PIC
Inspector must, after completing an investigation and forming the opinion that an
offence has been committed, refer the matter, by providing a brief of evidence, to the
Director of Public Prosecutions (except for alleged offences by the Director of Public
Prosecutions, which must be referred to the Attorney General).

Schedule 1 [15] enables regulations to be made to confer functions on the
Ombudsman relating to the resolution of disputes arising as a result of a public
official making a public interest disclosure.

Schedule 1 [16] enables regulations of a savings or transitional nature to be made as
a consequence of the enactment of the proposed Act.

Schedule 1 [18] is a transitional provision that makes it clear that the changes to the
process for the referral of an alleged reprisal for a public interest disclosure do not
apply in respect of a reprisal that is alleged to have occurred before the changes were
made.

Schedule 2 Amendment of other Acts
Schedule 2 makes amendments to various Acts as a consequence of the replacement
of the term "protected disclosure" with "public interest disclosure".

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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