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Public Interest Disclosure Act 2013
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Attorney-General's Department
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C2023C00211 (C16)
12 August 2023
-
20 September 2023
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Table of contents
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Part 1—Introduction
Division 1—Preliminary matters
1 Short title
2 Commencement
3 Crown to be bound
4 Extension to external Territories
5 Extension to things outside Australia
Division 2—Objects
6 Objects
Division 3—Overview
7 Simplified outline of this Act
7A Role of the Ombudsman under the Ombudsman Act 1976
7B Role of the IGIS under the Inspector General of Intelligence and Security Act 1986
Division 4—Definitions
8 Definitions
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Part 2—Protection of disclosers and witnesses
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Division 1—Protections
9 Simplified outline
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Subdivision A—Immunity from liability
10 Protection of disclosers
11 Liability for false or misleading statements etc. unaffected
11A Designated publication restrictions
12 Discloser’s liability for own conduct not affected
12A Witnesses—immunity from liability etc.
12B Witnesses—exceptions to immunities
Subdivision B—Protection from reprisals
13 What constitutes taking a reprisal
14 Compensation
15 Injunctions, apologies and other orders
16 Reinstatement
17 Multiple orders
18 Costs only if proceedings instituted vexatiously etc.
19 Reprisals in relation to disclosures—offences
19A Interaction between civil remedies and offences
Subdivision C—Protecting the identity of disclosers
20 Disclosure or use of identifying information
21 Identifying information not to be disclosed etc. to courts or tribunals
Subdivision D—Interaction with the Fair Work Act 2009
22 Interaction with protections under Part 3 1 of the Fair Work Act 2009
22A Interaction with remedies under the Fair Work Act 2009
Subdivision E—Miscellaneous
23 Claims for protection
24 Protections have effect despite other Commonwealth laws
Division 2—Public interest disclosures
25 Simplified outline
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Subdivision A—Public interest disclosures
26 Meaning of public interest disclosure
27 Associated allegations
28 How a public interest disclosure may be made
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Subdivision B—Disclosable conduct
29 Meaning of disclosable conduct
29A Meaning of personal work related conduct
30 Officers or employees of a contracted service provider
31 Disagreements with government policies etc.
32 Conduct connected with courts or Commonwealth tribunals
33 Conduct connected with intelligence agencies
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Subdivision C—Internal disclosures: authorised internal recipients
34 Meaning of authorised internal recipient
35 When conduct relates to an agency
36 Meaning of authorised officer
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Subdivision D—Intelligence information
41 Meaning of intelligence information
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Part 3—Investigations
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Division 1—Allocating the handling of disclosures
42 Simplified outline
43 Allocation of disclosure—decision by authorised officer
44 Allocation of disclosure—notice of decision to allocate
44A Allocation of disclosure—decision not to allocate
44B Non allocation of disclosure subject to stop action direction under the NACC Act
45 Reallocation of disclosures
45A Conduct related to intelligence agencies and agencies with intelligence functions—notice to the IGIS
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Division 2—The obligation to investigate disclosures
46 Simplified outline
47 Principal officer must investigate disclosures
48 Discretion not to investigate
49 Investigative agency using separate investigative powers
50 Notification to discloser
50AA Decision not to investigate—referral for investigation under another law or power
50A Notification to Ombudsman or IGIS about investigation
51 Report of investigation
52 Time limit for investigations under this Division
53 Conduct of investigations under this Division
54 Adoption of findings of another investigation
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Division 3—Miscellaneous
55 The Ombudsman and the IGIS—recommendations
56 Disclosure to a member of an Australian police force
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Part 4—Administrative matters
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Division 1—Additional obligations and functions
58 Simplified outline
59 Additional obligations of principal officers
60 Additional obligations of authorised officers
60A Additional obligations of supervisors
61 Additional obligations of public officials
62 Additional functions of the Ombudsman
63 Additional functions of the IGIS
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Division 2—Treatment of information
64 Simplified outline of this Division
65 Sharing information and documents between agencies
67 Secrecy—legal practitioners
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Division 3—Officials and agencies
68 Simplified outline
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Subdivision A—Public officials
69 Public officials
70 Individuals taken to be public officials
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Subdivision B—Agencies and prescribed authorities
71 Meaning of agency
72 Meaning of prescribed authority
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Subdivision C—Principal officers
73 Meaning of principal officer
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Subdivision D—Machinery of government changes
73A Scope of Subdivision
73B Machinery of government changes—conduct relating to affected agency
73C Machinery of government changes—disclosures made before change
73D Machinery of government changes—information transfer
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Part 5—Miscellaneous
74 Ombudsman may determine standards
75 Restriction on the application of secrecy provisions
76 Annual reports by the Ombudsman
76A Six monthly reports by the Ombudsman
77 Delegations
78 Liability for acts and omissions
79 Concurrent operation of State and Territory laws
80 Law relating to legal professional privilege not affected
82 Other investigative powers etc. not affected
82A Review of operation of Act
83 The PID rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
