Victorian Numbered Acts

WHISTLEBLOWERS PROTECTION AMENDMENT ACT 2008 (NO. 57 OF 2008) - SECT 4

After section 22 of the Whistleblowers Protection Act 2001 insert —

    " 22A     Ombudsman may disclose identity of person against whom protected disclosure is made if in public interest

    (1)     The Ombudsman may disclose in a report referred to in section 103 particulars likely to lead to the identification of a person against whom a protected disclosure is made if the Ombudsman determines that it is in the public interest to do so.

    (2)     In determining whether it is in the public interest to disclose the particulars referred to in subsection (1), the matters to be considered by the Ombudsman must include—

        (a)     the nature of the particulars to be disclosed; and

        (b)     the public interest to be served by the disclosure; and

        (c)     the reasons why confidentiality is not appropriate; and

        (d)     whether the public interest could be met in a manner that is unlikely to lead to the identification of the person.

    (3)     If the Ombudsman includes in a report referred to in section 103 particulars likely to lead to the identification of a person against whom a protected disclosure is made, the Ombudsman must set out in that report the reasons why the Ombudsman considers that the disclosure is in the public interest.".