Western Australian Numbered Acts

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PUBLIC INTEREST DISCLOSURE ACT 2003 (NO. 29 OF 2003) - SECT 12

12 .         Obligations under this Act of certain persons limited

        (1)         The Anti-Corruption Commission and the Parliamentary Commissioner are not required to comply with sections 8(1), 9 and  10 if the disclosure relates to a matter that it is a function of the Anti-Corruption Commission or the Parliamentary Commissioner to investigate, inquire into, deal with, or take any other step with respect to, under another written law, whether on the complaint of a person or on its or his or her own motion.

        (2)         If a person makes a disclosure of public interest information under this Act —

            (a)         to the Anti-Corruption Commission, section 25 of the Anti-Corruption Commission Act 1988 applies as if the disclosure were the making of an allegation under that Act; or

            (b)         to the Parliamentary Commissioner, section 26 of the Parliamentary Commissioner Act 1971 applies as if the disclosure were the making of a complaint under that Act.

        (3)         If a disclosure of public interest information is made —

            (a)         to a declared person; and

            (b)         the information relates to a matter which it is a function of the person to investigate, inquire into, deal with, or take any other step with respect to, under another written law, whether on the complaint of a person or on that person’s own motion,

                sections 8(1) and 9 do not apply to that declared person in relation to that disclosure.

        (4)         If a declared person has a duty under a written law other than this Act to make a progress report to a person who has made a complaint to it —

            (a)         section 10 does not apply to the declared person; and

            (b)         a progress report is to be made to any person who disclosed public interest information to that declared person under this Act as if the disclosure were the making of a complaint under that written law.

        (5)         In this section —

        "complaint" includes an allegation, application, charge, motion, objection, petition, report, request or summons;

        "declared person" means a person declared in regulations made for the purposes of paragraph (g) of the definition of “public authority” to be a public authority.



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