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Western Australia
Public Interest Disclosure Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Application to the Crown 6
Part 2 -- Public interest disclosures
Division 1 -- Disclosures
5. Public interest disclosure 7
6. Liability of person disclosing unaffected 9
Division 2 -- Obligations of a person to whom a
disclosure is made
7. Interpretation 9
8. Obligation to carry out investigation 9
9. Action by proper authority 10
10. Informant to be notified of action taken 10
11. Limitation on notification of informant 11
12. Obligations under this Act of certain persons limited 12
Part 3 -- Protection
13. Immunity for appropriate disclosure of public interest
information 14
14. Reprisal an offence 14
15. Remedies for acts of victimisation 15
16. Confidentiality 16
17. Loss of protection of the Act 17
103--3 page i
Public Interest Disclosure Bill 2002
Contents
Part 4 -- Role of Commissioner for
Public Sector Standards
18. Interpretation 19
19. Promoting compliance with this Act 19
20. Code 19
21. Guidelines 20
22. Annual report and other reports to Parliament 20
Part 5 -- Miscellaneous
23. Obligations of principal executive officers of public
authorities 22
24. Offence to make false or misleading disclosure 23
25. Other laws not excluded 23
26. Regulations 23
27. Review of this Act 23
28. Consequential and miscellaneous amendments 24
Schedule 1 -- Consequential and
miscellaneous amendments 25
1. Freedom of Information Act 1992 amended 25
2. Prisons Act 1981 amended 25
3. Public Sector Management Act 1994 amended 26
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Public Interest Disclosure Bill 2002
A Bill for
An Act to facilitate the disclosure of public interest information, to
provide protection for those who make disclosures and for those the
subject of disclosures, and, in consequence, to amend various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Public Interest Disclosure Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Public Interest Disclosure
Act 2002.
5 2. Commencement
(1) This Act comes into operation on a day fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for
different provisions.
10 3. Interpretation
(1) In this Act, unless the contrary intention appears --
"Anti-Corruption Commission" means the Anti-Corruption
Commission established under the Anti-Corruption
Commission Act 1988;
15 "Auditor General" means the officer of that title appointed or
deemed to have been appointed under section 71 of the
Financial Administration and Audit Act 1985;
"Commissioner" means the person for the time being holding
the office of Commissioner for Public Sector Standards
20 created by section 16(1) of the Public Sector Management
Act 1994;
"Commissioner of Police" means the person holding the office
of Commissioner of Police under the Police Act 1892;
"detrimental action" includes action causing, comprising, or
25 involving --
(a) injury, damage, or loss;
(b) intimidation or harassment;
page 2
Public Interest Disclosure Bill 2002
Preliminary Part 1
s. 3
(c) adverse discrimination, disadvantage, or adverse
treatment in relation to a person's career, profession,
employment, trade, or business; or
(d) a reprisal;
5 "environment" has the same meaning as in the Environmental
Protection Act 1986;
"Parliamentary Commissioner" means a person for the time
being holding the office of the Parliamentary
Commissioner for Administrative Investigations under the
10 Parliamentary Commissioner Act 1971;
"police officer" means a person --
(a) appointed under Part I of the Police Act 1892 to be a
member of the Police Force of Western Australia;
(b) appointed under Part III of the Police Act 1892 to be
15 a special constable; or
(c) appointed under Part IIIA of the Police Act 1892 to
be an aboriginal aide;
"public authority" means --
(a) a department of the Public Service established under
20 section 35 of the Public Sector Management
Act 1994;
(b) an organisation specified in column 2 of Schedule 2
to the Public Sector Management Act 1994;
(c) a non-SES organisation within the meaning of that
25 term in section 3(1) of the Public Sector Management
Act 1994;
(d) a local government or a regional local government;
(e) a body that is established or continued for a public
purpose under a written law;
30 (f) a body that is established by the Governor or a
Minister;
page 3
Public Interest Disclosure Bill 2002
Part 1 Preliminary
s. 3
(g) any other body or the holder of an office referred to
in subsection (2) that is declared by the regulations to
be a public authority;
"public interest information" means information that tends to
5 show that, in relation to its performance of a public
function (either before or after the commencement of this
Act), a public authority, a public officer, or a public sector
contractor is, has been, or proposes to be, involved in --
(a) improper conduct;
10 (b) an act or omission that constitutes an offence under a
written law;
(c) a substantial unauthorised or irregular use of, or
substantial mismanagement of, public resources;
(d) an act done or omission that involves a substantial
15 and specific risk of --
(i) injury to public health;
(ii) prejudice to public safety; or
(iii) harm to the environment;
or
20 (e) a matter of administration that can be investigated
under section 14 of the Parliamentary Commissioner
Act 1971;
"public officer" means --
(a) a Minister of the Crown;
25 (b) a Parliamentary Secretary appointed under
section 44A of the Constitution Acts Amendment
Act 1899;
(c) a member of either House of Parliament;
(d) a judicial officer;
30 (e) a police officer;
page 4
Public Interest Disclosure Bill 2002
Preliminary Part 1
s. 3
(f) a person authorised under a written law to execute or
serve any process of a court or tribunal for
remuneration;
(g) a public service officer within the meaning of the
5 Public Sector Management Act 1994;
(h) a member, officer, or employee of a public authority;
(i) the holder of --
(i) an office that is established for a public
purpose under a written law; or
10 (ii) an office that is established by the Governor
or a Minister;
(j) an officer of the Commonwealth who exercises or
discharges on behalf of this State a function under a
written law; or
15 (k) any other person holding office under the State of
Western Australia;
"public sector contractor" means --
(a) a person who, other than as an employee, contracts
with a public authority or the State of Western
20 Australia to supply goods or services to or on behalf
of the authority or the State or as directed in
accordance with the contract;
(b) a person who, other than as an employee, contracts
with a public authority or the State of Western
25 Australia to perform a public function; or
(c) a subcontractor or employee of a person referred to in
paragraph (a) or (b) and each person who contracts
with another person for the execution of the whole or
part of the requirements of a contract referred to in
30 those paragraphs.
page 5
Public Interest Disclosure Bill 2002
Part 1 Preliminary
s. 4
(2) The regulations made for the purpose of paragraph (g) of the
definition of "public authority" in subsection (1) can only
declare a body or holder of an office to be a public authority
if --
5 (a) the body or office is established or continued under a
written law; or
(b) it is a corporation or association over which control can
be exercised by --
(i) the State;
10 (ii) a body referred to in paragraph (b), (c), (e) or (f)
of that definition; or
(iii) a body or the holder of an office declared by the
regulations to be a public authority.
4. Application to the Crown
15 This Act binds the Crown in right of the State.
page 6
Public Interest Disclosure Bill 2002
Public interest disclosures Part 2
Disclosures Division 1
s. 5
Part 2 -- Public interest disclosures
Division 1 -- Disclosures
5. Public interest disclosure
(1) Any person may make an appropriate disclosure of public
5 interest information to a proper authority.
(2) A person makes an appropriate disclosure of public interest
information if, and only if, the person who makes the
disclosure --
(a) believes on reasonable grounds that the information is
10 true; or
(b) has no reasonable grounds on which to form a belief
about the truth of the information but believes on
reasonable grounds that the information may be true.
(3) A disclosure of public interest information is made to a proper
15 authority if --
(a) where the information relates to an act or omission that
constitutes an offence under a written law -- it is made
to a police officer or to the Anti-Corruption
Commission;
20 (b) where the information relates to a substantial
unauthorised or irregular use of, or substantial
mismanagement of, public resources -- it is made to the
Auditor General;
(c) where the information relates to a matter of
25 administration that can be investigated under section 14
of the Parliamentary Commissioner Act 1971 -- it is
made to the Parliamentary Commissioner or to a person
who occupies a position specified under section 23(1)(a)
in relation to the public authority concerned;
30 (d) where the information relates to a police officer -- it is
made to the Commissioner of Police or to the
Parliamentary Commissioner;
page 7
Public Interest Disclosure Bill 2002
Part 2 Public interest disclosures
Division 1 Disclosures
s. 5
(e) where the information relates to a judicial officer -- it is
made to the Chief Justice;
(f) where the information relates to a member of either
House of Parliament -- it is made to the Presiding
5 Officer of the House of Parliament to which the member
belongs;
(g) where the information relates to a public officer (other
than a member of Parliament, a Minister of the Crown, a
judicial officer or an officer referred to in Schedule 1 to
10 the Parliamentary Commissioner Act 1971) -- it is
made to the Commissioner or the Parliamentary
Commissioner;
(h) where the information relates to a matter falling within
the sphere of responsibility of a public authority -- it is
15 made to a person who occupies a position specified
under section 23(1)(a) in relation to that authority; or
(i) where the information relates to a person or a matter of a
prescribed class -- it is made to a person declared by the
regulations to be a proper authority for the purposes of
20 subsection (1) in relation to such information.
(4) Where a public interest disclosure falls within 2 or more
paragraphs of subsection (3), then it is made to a proper
authority if made to any or all of the authorities contemplated by
the applicable paragraphs.
25 (5) A disclosure of public interest information may be made under
this Act --
(a) even though anything to which the disclosure relates
occurred before the commencement of this Act; and
(b) whether or not the person making the disclosure is able
30 to identify any person whom the information concerns.
(6) Nothing in this Act entitles a person to disclose information that
would otherwise be the subject of legal professional privilege.
page 8
Public Interest Disclosure Bill 2002
Public interest disclosures Part 2
Obligations of a person to whom a disclosure is made Division 2
s. 6
6. Liability of person disclosing unaffected
A disclosure of public interest information under this Act by a
person does not affect that person's liability for anything to
which the information relates.
5 Division 2 -- Obligations of a person to whom a
disclosure is made
7. Interpretation
In sections 8, 9 and 10 --
"proper authority" means a person to whom an appropriate
10 disclosure of public interest information has been made in
accordance with section 5(3), except that it does not
include the Chief Justice or the Presiding Officer of a
House of Parliament.
8. Obligation to carry out investigation
15 (1) A proper authority must investigate or cause to be investigated
the information disclosed to it under this Act if the disclosure
relates to --
(a) the authority;
(b) a public officer or public sector contractor of the
20 authority; or
(c) a matter or person that the authority has a function or
power to investigate.
(2) A proper authority may refuse to investigate, or may
discontinue the investigation of, a matter raised by the
25 disclosure if it considers that --
(a) the matter is trivial;
(b) the disclosure is vexatious or frivolous;
(c) there is no reasonable prospect of obtaining sufficient
evidence due to the time that has elapsed since the
30 occurrence of the matter; or
page 9
Public Interest Disclosure Bill 2002
Part 2 Public interest disclosures
Division 2 Obligations of a person to whom a disclosure is made
s. 9
(d) the matter is being or has been adequately or properly
investigated by another person to whom an appropriate
disclosure of public interest information has been made
in accordance with section 5(3).
5 (3) A proper authority that refuses to investigate, or discontinues
the investigation of, a matter raised by a disclosure must give
the person who made the disclosure the reason for its refusal.
9. Action by proper authority
(1) If a proper authority forms the opinion that a person may be,
10 may have been, or may in the future be, involved in a matter
that may be the subject of a disclosure of public interest
information, the proper authority must take such action as is
necessary, reasonable, and within its functions and powers,
to --
15 (a) prevent the matter to which the disclosure relates from
continuing or occurring in future;
(b) refer the matter to the Commissioner of Police or
another person, body, or organisation having power to
investigate the matter; or
20 (c) take disciplinary action or commence or enable
disciplinary proceedings to be commenced against a
person responsible for the matter.
(2) Before taking action under subsection (1)(a) or (c) the proper
authority is to afford any person against whom, or in respect of
25 whom, the action is to be taken the opportunity to make a
submission, either orally or in writing, in relation to the matter.
10. Informant to be notified of action taken
(1) If an appropriate disclosure of public interest information is
made to a proper authority, that proper authority must, subject
30 to section 11, not more than 3 months after the disclosure is
made, notify the person who made the disclosure of the action
taken or proposed to be taken in relation to the disclosure.
page 10
Public Interest Disclosure Bill 2002
Public interest disclosures Part 2
Obligations of a person to whom a disclosure is made Division 2
s. 11
(2) A person who has made an appropriate disclosure of public
interest information under this Act may request the proper
authority to whom the disclosure was made to provide a report
on progress on dealing with the matter in relation to which the
5 disclosure was made.
(3) If an investigation into a matter in relation to which the
disclosure was made is not complete, the proper authority to
whom the disclosure was made may provide a progress report to
the person who requested a report on the current status of the
10 investigation.
(4) If an investigation into a matter in relation to which the
disclosure was made is complete, the proper authority who
carried out the investigation must provide a final report to the
person who requested a report stating --
15 (a) the outcome of the investigation and any action the
proper authority has taken or proposes to take as a result
of the investigation; and
(b) the reason for taking the action that has been taken or
that is proposed to be taken.
20 11. Limitation on notification of informant
(1) A proper authority must not, in a notification or report under
section 10, give information that, in that proper authority's
opinion, would be likely to affect adversely --
(a) any person's safety;
25 (b) the investigation of an offence or possible offence; or
(c) necessary confidentiality about the existence or identity
of a person who has made a disclosure of public interest
information other than the person being given the
information.
30 (2) To avoid doubt, it is declared that information that section 54 of
the Anti-Corruption Commission Act 1988 prevents a person
from publishing is not to be given or disclosed under section 10.
page 11
Public Interest Disclosure Bill 2002
Part 2 Public interest disclosures
Division 2 Obligations of a person to whom a disclosure is made
s. 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
5 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
10 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
15 (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 --
20 (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
25 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
30 complaint to it --
(a) section 10 does not apply to the declared person; and
page 12
Public Interest Disclosure Bill 2002
Public interest disclosures Part 2
Obligations of a person to whom a disclosure is made Division 2
s. 12
(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 (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
10 "public authority" to be a public authority.
page 13
Public Interest Disclosure Bill 2002
Part 3 Protection
s. 13
Part 3 -- Protection
13. Immunity for appropriate disclosure of public interest
information
A person who makes an appropriate disclosure of public interest
5 information to a proper authority under section 5 --
(a) incurs no civil or criminal liability for doing so; and
(b) is not, for doing so, liable --
(i) to any disciplinary action under a written law;
(ii) to be dismissed;
10 (iii) to have his or her services dispensed with or
otherwise terminated; or
(iv) for any breach of a duty of secrecy or
confidentiality or any other restriction on
disclosure (whether or not imposed by a written
15 law) applicable to the person.
14. Reprisal an offence
(1) A person must not take or threaten to take detrimental action
against another because anyone has made, or intends to make, a
disclosure of public interest information under this Act.
20 Penalty: $24 000 or imprisonment for 2 years.
(2) A person who --
(a) attempts to commit an offence created by subsection (1);
or
(b) intending that an offence created by subsection (1) be
25 committed, incites another person to commit that
offence,
commits an offence.
Penalty: $24 000 or imprisonment for 2 years.
page 14
Public Interest Disclosure Bill 2002
Protection Part 3
s. 15
15. Remedies for acts of victimisation
(1) A person who takes or threatens to take detrimental action
against another because or substantially because anyone has
made, or intends to make, a disclosure of public interest
5 information under this Act commits an act of victimisation
which may be dealt with as a tort.
(2) Proceedings in tort under subsection (1) may be taken against
the perpetrator of an act of victimisation or any employer of the
perpetrator.
10 (3) In proceedings against the employer of the perpetrator of an act
of victimisation, it is a defence for the employer to prove that
the employer --
(a) was not knowingly involved in the act of victimisation;
(b) did not know and could not reasonably be expected to
15 have known about the act of victimisation; and
(c) could not, by the exercise of reasonable care, have
prevented the act of victimisation.
(4) An act of victimisation under this Act may be dealt with under
the Equal Opportunity Act 1984 as if it were an act that was
20 unlawful under section 67 of that Act but, if the victim
commences proceedings in a court under subsection (1), he or
she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 because of the act and, conversely, if the
victim lodges a complaint under that Act because of the act, he
25 or she cannot subsequently commence proceedings under
subsection (1) because of the act.
(5) If a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and
the Commissioner is of the opinion that the subject matter of the
30 complaint has already been adequately dealt with by a
competent authority, the Commissioner may decline to act on
the complaint or to proceed further with action on the
complaint.
page 15
Public Interest Disclosure Bill 2002
Part 3 Protection
s. 16
(6) Despite any other provision of this Act, this section has no
retrospective operation and no proceeding may be taken under
this section in relation to an act of victimisation that occurred
before the commencement of this Act.
5 16. Confidentiality
(1) A person must not make a disclosure (an "identifying
disclosure") of information that might identify or tend to
identify anyone as a person who has made an appropriate
disclosure of public interest information under this Act
10 unless --
(a) the person who made the disclosure of public interest
information consents to the disclosure of information
that might identify or tend to identify him or her;
(b) it is necessary to do so having regard to the rules of
15 natural justice;
(c) it is necessary to do so to enable the matter to be
investigated effectively;
(d) the identifying disclosure is made under section 12 or 22
of the Anti-Corruption Commission Act 1988, or Part II
20 Division 6 of that Act; or
(e) to do so is required under section 14 or 15 of the
Anti-Corruption Commission Act 1988.
Penalty: $24 000 or imprisonment for 2 years.
(2) A reasonable time before making a disclosure in the
25 circumstances described in subsection (1)(b) or (c), the person
making the identifying disclosure must take all reasonable steps
to advise the person whose identity is to be disclosed --
(a) that the disclosure is to be made; and
(b) the reason for the disclosure being made.
30 (3) A person must not make a disclosure of information that might
identify or tend to identify anyone as a person in respect of
page 16
Public Interest Disclosure Bill 2002
Protection Part 3
s. 17
whom a disclosure of public interest information has been made
under this Act ("identifying information") unless --
(a) the person in respect of whom the disclosure of public
interest information has been made consents to the
5 disclosure of information that might identify or tend to
identify him or her;
(b) it is necessary to do so to enable the matter to be
investigated effectively;
(c) it is necessary to do so in the course of taking action
10 under section 9(1)(a) to (c);
(d) there are reasonable grounds to believe that the
disclosure of identifying information is necessary to
prevent or minimise the risk of injury to any person or
damage to any property;
15 (e) the disclosure is made under section 12 or 22 of the
Anti-Corruption Commission Act 1988, or Part II
Division 6 of that Act; or
(f) to do so is required under section 14 or 15 of the
Anti-Corruption Commission Act 1988.
20 Penalty: $24 000 or imprisonment for 2 years.
17. Loss of protection of the Act
(1) A person who has made an appropriate disclosure of public
interest information under this Act and who --
(a) fails, without reasonable excuse, to assist a person
25 investigating a matter to which the disclosure relates by
supplying the person with any information requested,
whether orally or in writing, by the person in such
manner, and within such period, as is specified by the
person making the request; or
30 (b) discloses information contained in a disclosure of public
interest information otherwise than under this Act,
forfeits the protection given by section 13.
page 17
Public Interest Disclosure Bill 2002
Part 3 Protection
s. 17
(2) Where a Court is considering whether a person has pursuant to
subsection (1) forfeited the protection of section 13 and forms
the view that the failure or disclosure --
(a) has not materially prejudiced the public interest served
5 by the appropriate disclosure; and
(b) is of a minor nature,
it may make an order relieving the person in whole or part from
the forfeiture and may also make such consequential orders
necessary to give effect to the order for relief.
page 18
Public Interest Disclosure Bill 2002
Role of Commissioner for Public Sector Standards Part 4
s. 18
Part 4 -- Role of Commissioner for
Public Sector Standards
18. Interpretation
In this Part --
5 "proper authority" means a person to whom an appropriate
disclosure of public interest information has been made in
accordance with section 5(3), except that it does not
include the Chief Justice or the Presiding Officer of a
House of Parliament.
10 19. Promoting compliance with this Act
(1) The Commissioner is to monitor compliance with --
(a) this Act; and
(b) the code established under section 20.
(2) The Commissioner is to assist public authorities and public
15 officers to comply with this Act and the code established under
section 20.
20. Code
(1) The Commissioner must establish a code setting out minimum
standards of conduct and integrity to be complied with by a
20 person to whom a disclosure of public interest information may
be made under section 5(3).
(2) In establishing, amending, or repealing and replacing the code,
the Commissioner is to take into account the independence that
any particular proper authority has under a written law.
25 (3) The Commissioner may amend, or repeal and replace, the code.
(4) The Commissioner must, before establishing, amending, or
repealing and replacing the code, consult such persons as he or
she considers it desirable and practicable to consult.
page 19
Public Interest Disclosure Bill 2002
Part 4 Role of Commissioner for Public Sector Standards
s. 21
(5) The code must be published in the Gazette.
(6) The code comes into operation at the beginning of the day on
which it is published in the Gazette or of such later day as is
specified in the code.
5 (7) Section 42 of the Interpretation Act 1984 applies to and in
relation to the code as if the code were regulations within the
meaning of that section.
(8) Subsections (5) to (7) also apply to an amendment, or repeal and
replacement, of the code.
10 21. Guidelines
The Commissioner must --
(a) prepare guidelines on internal procedures relating to the
functions of a proper authority under this Act; and
(b) ensure that all proper authorities have copies of the
15 guidelines.
22. Annual report and other reports to Parliament
(1) The Commissioner must report annually to each House of
Parliament on --
(a) the performance of the Commissioner's obligations
20 under this Act;
(b) compliance or non-compliance with the Act; and
(c) compliance or non-compliance with the code established
under section 20.
(2) Despite subsection (1), the Commissioner may at any time, if he
25 or she thinks fit, lay before each House of Parliament a report
on any matter arising in connection with the exercise of his or
her functions under this Act.
page 20
Public Interest Disclosure Bill 2002
Role of Commissioner for Public Sector Standards Part 4
s. 22
(3) If either House of Parliament is not sitting at the time when the
Commissioner wishes to lay a report under subsection (2) then
the Commissioner may --
(a) send copies of the report to the Clerk of that House; and
5 (b) make the report available to the public.
page 21
Public Interest Disclosure Bill 2002
Part 5 Miscellaneous
s. 23
Part 5 -- Miscellaneous
23. Obligations of principal executive officers of public
authorities
(1) The principal executive officer of a public authority must --
5 (a) designate the occupant of a specified position with the
authority as the person responsible for receiving
disclosures of public interest information;
(b) provide protection from detrimental action or the threat
of detrimental action for any employee of the public
10 authority who makes an appropriate disclosure of public
interest information;
(c) ensure that his or her public authority complies with this
Act;
(d) ensure that his or her public authority complies with the
15 code established by the Commissioner under section 20;
(e) prepare and publish internal procedures relating to the
authority's obligations under this Act; and
(f) provide information annually to the Commissioner
on --
20 (i) the number of public interest disclosures
received by a responsible officer of the authority
over the report period;
(ii) the results of any investigations conducted as a
result of the disclosures and the action, if any,
25 taken as a result of each investigation; and
(iii) such other matters as are prescribed.
(2) Internal procedures prepared under subsection (1)(e) must be
consistent with guidelines prepared by the Commissioner under
section 21.
30 (3) Subsection (1) does not apply to the Chief Justice or to the
Presiding Officer of a House of Parliament.
page 22
Public Interest Disclosure Bill 2002
Miscellaneous Part 5
s. 24
24. Offence to make false or misleading disclosure
(1) A person who makes a statement purporting to be a disclosure
of public interest information --
(a) knowing it to be false in a material particular or being
5 reckless about whether it is false in a material particular;
or
(b) knowing it to be misleading in a material particular or
being reckless about whether it is misleading in a
material particular,
10 commits an offence.
Penalty: $12 000 or imprisonment for one year.
(2) A person who makes a statement in contravention of this section
is not protected by this Act in respect of that statement, whether
or not it is truly a disclosure of public interest information.
15 25. Other laws not excluded
The protection given by this Act is in addition to, and does not
derogate from, any privilege, protection, or immunity existing
apart from this Act.
26. Regulations
20 The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
27. Review of this Act
25 (1) The Minister shall carry out a review of the operation of this
Act three years after the Act and all of its provisions have been
fully proclaimed, and in the course of such review the Minister
shall consider and have regard to --
(a) the attainment of the purposes of this Act;
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Public Interest Disclosure Bill 2002
Part 5 Miscellaneous
s. 28
(b) the administration of this Act; and
(c) such other matters as appear to him to be relevant.
(2) The Minister shall prepare a report based on the review made
under subsection (1) and shall as soon as practicable after its
5 preparation, cause the report to be laid before each House of
Parliament.
28. Consequential and miscellaneous amendments
The Acts specified in Schedule 1 are amended as specified in
that Schedule.
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Public Interest Disclosure Bill 2002
Consequential and miscellaneous amendments Schedule 1
Schedule 1 -- Consequential and
miscellaneous amendments
[s. 28]
1. Freedom of Information Act 1992 amended
5 After Schedule 1 clause 14(4) to the Freedom of Information
Act 1992* the following subclause is inserted --
"
(5) Matter is exempt matter if its disclosure would reveal or
tend to reveal the identity of anyone as --
10 (a) a person who has made an appropriate disclosure of
public interest information under the Public Interest
Disclosure Act 2002; or
(b) a person in respect of whom a disclosure of public
interest information has been made under the Public
15 Interest Disclosure Act 2002.
".
[*Reprinted as at 3 March 2000.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 171 and Act No. 53 of 2000.]
20 2. Prisons Act 1981 amended
Section 98(1) of the Prisons Act 1981* is amended as follows:
(a) after paragraph (c) by deleting "or";
(b) after paragraph (d) by deleting the comma and inserting
instead --
25 "
; or
(e) commits an act of victimisation within the
meaning of section 15 of the Public Interest
Disclosure Act 2002,
30 ".
[* Reprinted as at 22 December 2000.]
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Public Interest Disclosure Bill 2002
Schedule 1 Consequential and miscellaneous amendments
3. Public Sector Management Act 1994 amended
Section 80 of the Public Sector Management Act 1994* is amended as
follows:
(a) after paragraph (c) by deleting "or";
5 (b) after paragraph (d) by deleting the comma and inserting
instead --
"
; or
(e) commits an act of victimisation within the
10 meaning of section 15 of the Public Interest
Disclosure Act 2002,
".
[* Reprinted as at 9 February 2001.
For subsequent amendments see Acts Nos. 43 and 53 of
15 2000.]
page 26
Public Interest Disclosure Bill 2002
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Anti-Corruption Commission ...................................................................... 3(1)
Auditor General .......................................................................................... 3(1)
Commissioner ............................................................................................. 3(1)
Commissioner of Police............................................................................... 3(1)
complaint ...................................................................................................12(5)
declared person ..........................................................................................12(5)
detrimental action........................................................................................ 3(1)
environment ................................................................................................ 3(1)
identifying disclosure .................................................................................16(1)
identifying information...............................................................................16(3)
Parliamentary Commissioner ....................................................................... 3(1)
police officer ............................................................................................... 3(1)
proper authority.......................................................................................... 7, 18
public authority ........................................................................................... 3(1)
public interest information........................................................................... 3(1)
public officer............................................................................................... 3(1)
public sector contractor ............................................................................... 3(1)
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