- Act 16 of 2002 - Royal Assent 25 June 2002 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. Exclusion of certain persons and bodies 5. Act binds Crown PART 2 - Disclosures of improper conduct and detrimental action 6. Disclosures about improper conduct or detrimental action 7. Persons to whom disclosures may be made 8. Anonymous disclosure 9. Disclosure may be made where identity of person not known 10. Disclosures cannot be made about past conduct 11. Legal professional privilege not affected 12. Disclosure to Commissioner of Police taken to be disclosure to public body PART 3 - Protection 13. Application of Part 14. Protected disclosure 15. Certain further information also protected 16. Immunity from liability 17. Confidentiality provisions do not apply 18. Liability for own conduct 19. Protection from reprisal 20. Proceedings for damages for reprisal 21. Application for injunction or order 22. Injunction or order 23. Offence to reveal confidential information 24. Certain further disclosures and further information related to disclosures are not protected disclosures 25. Certain persons continue to be protected PART 4 - Disclosure made to State Service Commissioner 26. Action by State Service Commissioner on receipt of disclosure 27. Referral of disclosure to State Service Commissioner 28. Action on referred disclosure by State Service Commissioner 29. Notice of referral PART 5 - Determination of public interest disclosures Division 1 - Determination by Ombudsman of public interest disclosures 30. Determination by Ombudsman of disclosure as public interest disclosure 31. Notice of determination 32. Notice of alternative procedure Division 2 - Determination by public bodies of public interest disclosures 33. Determination by public body of disclosure as public interest disclosure 34. Procedure where public body determines disclosure to be public interest disclosure 35. Procedure where public body determines disclosure not to be public interest disclosure 36. Request for referral to Ombudsman 37. Determination by Ombudsman PART 6 - Investigation of public interest disclosures by the Ombudsman Division 1 - Functions of Ombudsman 38. Functions of Ombudsman under this Act Division 2 - Requirement to investigate 39. Duty to investigate 40. Matters that do not have to be investigated 41. Referral of matters for investigation otherwise than under this Act 42. Referral of public interest disclosures to relevant public body for investigation 43. Provision of information by Ombudsman 44. Notice of referral Division 3 - Investigation by Ombudsman 45. Procedures for investigation 46. Notice of investigation 47. Investigation to be private 48. Hearing not required 49. Taking of evidence 50. Disclosure of privileged or confidential information to Ombudsman 51. Deliberations of Ministers and Parliamentary committees not to be disclosed 52. Power to enter premises 53. Consultation and comment 54. Obstruction 55. Opportunity to be heard before adverse report Division 4 - Action on completion of investigation 56. Report on investigation 57. Notice of implementation of recommendation 58. Report to Parliament 59. Person who made disclosure to be informed PART 7 - Investigation of public interest disclosures by public bodies Division 1 - Establishment of procedures 60. Public body to establish procedures that comply with guidelines 61. Availability of procedures 62. Review of procedures Division 2 - Requirement to investigate 63. Duty to investigate 64. Matters that do not have to be investigated 65. Decision by public body not to investigate 66. Request for referral to Ombudsman 67. Determination by Ombudsman 68. Referral to Ombudsman by public body 69. Ombudsman may take over investigation 70. Provision of information to Ombudsman 71. Ombudsman's powers in relation to certain investigations 72. Notice of referral Division 3 - Investigation by public body 73. Investigation to be in accordance with procedures 74. Information about progress of investigation Division 4 - Action on investigation 75. Action to be taken by public body 76. Report on investigation 77. Report to person making disclosure PART 8 - Investigation of disclosures about members of Parliament 78. Referral of disclosure to Ombudsman 79. Determination of disclosure as public interest disclosure 80. Notice of determination 81. Investigation by Ombudsman 82. Investigations to be conducted in accordance with Division 3 of Part 6 83. Report on investigation PART 9 - Annual reports and other reports 84. Annual report by Ombudsman 85. Other reports by Ombudsman 86. Annual reports by public body PART 10 - General 87. Offence to make false disclosure 88. Protection of Ombudsman and officers 89. Evidence not admissible 90. Exemption from Freedom of Information Act 1991 91. Regulations 92. Administration of Act[ Note: This table has been automatically generated and may be incomplete. ]