2010‑2011‑2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill 2012
No. , 2012
(Mr Wilkie)
A Bill for an Act to deal with consequential matters in connection with the Public Interest Disclosure (Whistleblower Protection) Act 2012, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 2
Schedule 1—Amendments 3
Fair Work Act 2009 3
Ombudsman Act 1976 4
Parliamentary Service Act 1999 4
Public Service Act 1999 4
A Bill for an Act to deal with consequential matters in connection with the Public Interest Disclosure (Whistleblower Protection) Act 2012, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Act 2012.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Schedule 1 | At the same time as sections 3 to 62 of the Public Interest Disclosure (Whistleblower Protection) Act 2012 commence. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Fair Work Act 2009
1 Section 12 (after paragraph (c) of the definition of workplace law)
Insert:
(ca) the Public Interest Disclosure (Whistleblower Protection) Act 2012; or
2 After paragraph 336(c)
Insert:
(ca) to protect public officials and others who make public interest disclosures under the Public Interest Disclosure (Whistleblower Protection) Act 2012;
3 After section 387
Insert:
387A Public interest disclosure
A person who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, a reason of any significance) for the dismissal is that the person made, was suspected to have made, or might make, a disclosure under the Public Interest Disclosure (Whistleblower Protection) Act 2012.
4 At the end of section 392
Add:
Public interest disclosure
(7) Subsections (4), (5) and (6) do not apply to compensation awarded where a person is regarded as unfairly dismissed by virtue of section 387A, but shall be such amount as FWA considers just and equitable in all the circumstances having regard to the loss (including likely future loss) sustained by the person in consequence of the dismissal in so far as that loss is attributable to acts or omissions of the employer.
Ombudsman Act 1976
5 After subsection 5(2)
Insert:
(2A) Nothing in subsection (2) prevents the Ombudsman from:
(a) exercising a function given to the Ombudsman under the Public Interest Disclosure Act (Whistleblower Protection) Act 2012; or
(b) investigating a complaint made under the Public Interest Disclosure (Whistleblower Protection) Act 2012, section 51 (2).
Parliamentary Service Act 1999
6 Section 16 (heading)
Repeal the heading.
16 Protection for reporting breaches
Public Service Act 1999
7 Section 16 (heading)
Repeal the heading.
16 Protection for reporting breaches