Northern Territory Numbered Acts

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

PUBLIC INTEREST DISCLOSURE ACT 2008 (NO 38 OF 2008) - SECT 21

Cases when an investigation is not required

    (1)     The Commissioner is not required to investigate, and if an investigation has started may discontinue the investigation of, a public interest disclosure if the Commissioner is or becomes satisfied:

    (a)     the disclosure is an abuse of process; or

    (b)     the disclosure is too trivial to warrant investigation; or

    (c)     there has been excessive delay, of at least 12 months, on the part of the discloser in making the disclosure; or

    (d)     the disclosure relates to matters occurring so long ago that there is no reasonable prospect of a successful investigation; or

    (e)     the subject-matter of the disclosure has been already investigated; or

    (f)     the subject-matter of the disclosure is the subject of proceedings before a court or tribunal, or would be more appropriately dealt with by a court or tribunal; or

(g)     the disclosure contains misleading information.

    (2)     If, under subsection (1), the Commissioner decides not to investigate a public interest disclosure or to discontinue the investigation of a public interest disclosure, within 14 days after the date of the decision, the Commissioner must give written notice of the decision and the reasons for it to:

    (a)     the discloser; and

    (b)     if, under section 12, the disclosure was referred to the Commissioner – the person who referred it.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback