whether the disclosure has been handled reasonably;

the allocation of the disclosure (including any delay or failure to allocate the disclosure);

the investigation of the disclosure (including any delay or failure to investigate the disclosure);

compliance with this Act by the agency or any of its officers, including its principal officer (including any failure to comply with this Act);

any other matter relating to the handling of the disclosure.

the IGIS; or

an intelligence agency; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police if the disclosure relates to the intelligence functions of that agency.

an intelligence agency; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police if the disclosure relates to the intelligence functions of that agency.

whether the disclosure has been handled reasonably;

the allocation of the disclosure (including any delay or failure to allocate the disclosure);

the investigation of the disclosure (including any delay or failure to investigate the disclosure);

compliance with this Act by the agency or any of its officers, including its principal officer (including any failure to comply with this Act);

any other matter relating to the handling of the disclosure.

the individual is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the public interest disclosure; and

no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the individual on the basis of the public interest disclosure.

the individual has absolute privilege in proceedings for defamation in respect of the public interest disclosure; and

a contract to which the individual is a party must not be terminated on the basis that the public interest disclosure constitutes a breach of the contract.

the making of a decision in relation to the allocation of a disclosure under section 43; or

a disclosure investigation or a proposed disclosure investigation; or

a review or proposed review by the Ombudsman or the IGIS, under subsection 55(3), about the handling of a disclosure.

Immunity from civil, criminal or administrative action

the witness has absolute privilege in proceedings for defamation in respect of the assistance provided; and

a contract to which the witness is a party must not be terminated on the basis that the assistance provided constitutes a breach of the contract.

the first person engages in conduct that:

results in detriment to the second person; or

consists of, or results in, a threat to cause detriment to the second person; and

when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

has made a public interest disclosure; or

may have made a public interest disclosure; or

proposes to make a public interest disclosure; or

could make a public interest disclosure; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

the person who made the disclosure;

a witness in relation to the disclosure, within the meaning of section 12A.

dismissal of an employee;

injury of an employee in his or her employment;

alteration of an employee’s position to his or her disadvantage;

discrimination between an employee and other employees of the same employer;

harassment or intimidation of a person;

harm or injury to a person, including psychological harm;

damage to a person’s property;

damage to a person’s reputation;

damage to a person’s business or financial position;

any other damage to a person.

in any case—make an order requiring the respondent to compensate the applicant for loss, damage or injury as a result of the reprisal; or

if the Court is satisfied that the respondent took or is taking the reprisal in connection with the respondent’s position as an employee:

make an order requiring the respondent to compensate the applicant for a part of loss, damage or injury as a result of the reprisal, and make another order requiring the respondent’s employer to compensate the applicant for a part of loss, damage or injury as a result of the reprisal; or

make an order requiring the respondent and the respondent’s employer jointly to compensate the applicant for loss, damage or injury as a result of the reprisal; or

make an order requiring the respondent’s employer to compensate the applicant for loss, damage or injury as a result of the reprisal.

an order granting an injunction, on such terms as the Court thinks appropriate:

restraining the respondent from taking the reprisal; or

if the reprisal involves refusing or failing to do something—requiring the respondent to do that thing;

an order requiring the respondent to apologise to the applicant for taking the reprisal;

any other order the Court thinks appropriate.

aided, abetted, counselled or procured the conduct against the applicant; or

induced the conduct against the applicant, whether through threats or promises or otherwise; or

been in any way (directly or indirectly) knowingly concerned in or a party to the conduct against the applicant; or

conspired with others to effect the conduct against the applicant.

the court is satisfied that the applicant instituted the proceedings vexatiously or without reasonable cause; or

the court is satisfied that the applicant’s unreasonable act or omission caused the other party to incur the costs.

the first person engages in conduct; and

engaging in the conduct results in detriment to the second person; and

when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

has made a public interest disclosure; or

may have made a public interest disclosure; or

proposes to make a public interest disclosure; or

could make a public interest disclosure; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Taking a reprisal—by a threat to cause detriment

the first person engages in conduct; and

engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and

the first person is reckless as to whether the second person fears that the threat would be carried out; and

when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:

has made a public interest disclosure; or

may have made a public interest disclosure; or

proposes to make a public interest disclosure; or

could make a public interest disclosure; and

the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

express or implied; or

conditional or unconditional.

Exception—reasonable administrative action

has made a public interest disclosure; or

may have made a public interest disclosure; or

proposes to make a public interest disclosure; or

could make a public interest disclosure.

(a) another person (the second person) has made a public interest disclosure; and

(b) the first person discloses information (identifying information) that:

was obtained by any person in that person’s capacity as a public official; and

is likely to enable the identification of the second person as a person who has made a public interest disclosure; and

the disclosure is to a person other than the second person.

Use of identifying information

the disclosure or use of the identifying information is for the purposes of this Act;

(b) the disclosure or use of the identifying information is in connection with the performance of a function conferred on the Ombudsman by Ombudsman Act 1976;section 5A of the

(c) the disclosure or use of the identifying information is in connection with the performance of a function conferred on the IGIS by Inspector-General of Intelligence and Security Act 1986;section 8A of the

the disclosure or use of the identifying information is for the purposes of:

a law of the Commonwealth; or

a prescribed law of a State or a Territory;

the person likely to be identified by the identifying information has consented to the disclosure or use of the identifying information, or acted in a way that is inconsistent with keeping that person’s identity confidential;

the identifying information has previously been lawfully published.

for the purpose of providing assistance in relation to a public interest disclosure; or

for the purpose of providing legal advice, or other professional assistance, relating to a public interest disclosure, in the circumstances mentioned in paragraph 67(2)(a); or

in the performance or exercise (or purported performance or exercise) of a function or power conferred by this Act, in the circumstances mentioned in subsection 78(1).

(a) under Fair Work Act 2009 in relation to a contravention of section 340 or 772 of that Act constituted by the same conduct; orsection 539 of the

(b) under Fair Work Act 2009 in relation to the same conduct.section 394 of the

(a) Fair Work Act 2009 for an order in relation to a contravention of section 340 or 772 of that Act constituted by particular conduct; orsection 539 of the

(b) Fair Work Act 2009 for an order in relation to particular conduct;section 394 of the

if another application has been made for an order under section 14, 15 or 16 of this Act in relation to the same conduct.

the individual bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and

if the individual discharges that onus—the party instituting the primary proceedings against the individual bears the onus of proving that the claim is not made out; and

the court must deal with the claim in separate proceedings; and

the court must adjourn the primary proceedings until the claim has been dealt with; and

none of the following:

any admission made by the individual in the separate proceedings;

any information given by the individual in the separate proceedings;

any other evidence adduced by the individual in the separate proceedings;

is admissible in evidence against the individual except in proceedings in respect of the falsity of the admission, information or evidence; and

if the individual or another person gives evidence in the separate proceedings in support of the claim—giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.

(a) the disclosure is made by a person (the discloser) who is, or has been, a public official; and

the recipient of the information is a person of the kind referred to in column 2 of an item of the following table; and

all the further requirements set out in column 3 of that item are met.

the disclosure is made by a person who is, or has been, a public official; and

the information tends to show, or the discloser believes on reasonable grounds that the information tends to show, one or more instances of disclosable conduct; and

the disclosure is a NACC disclosure.

a Minister; or

the Speaker of the House of Representatives; or

the President of the Senate.

whether the disclosure would promote the integrity and accountability of the Commonwealth public sector;

the extent to which the disclosure would expose a failure to address serious wrongdoing in the Commonwealth public sector;

the extent to which it would assist in protecting the discloser from adverse consequences relating to the disclosure if the disclosure were a public interest disclosure;

the principle that disclosures by public officials should be properly investigated and dealt with;

the nature and seriousness of the disclosable conduct;

any risk that the disclosure could cause damage to any of the following:

the security of the Commonwealth;

the defence of the Commonwealth;

the international relations of the Commonwealth;

the relations between the Commonwealth and a State;

the relations between the Commonwealth and the Australian Capital Territory;

the relations between the Commonwealth and the Northern Territory;

the relations between the Commonwealth and Norfolk Island;

if any of the information disclosed in the disclosure is Cabinet information—the principle that Cabinet information should remain confidential unless it is already lawfully publicly available;

if any of the information disclosed in the disclosure was communicated in confidence by or on behalf of:

a foreign government; or

an authority of a foreign government; or

an international organisation;

the principle that such information should remain confidential unless that government, authority or organisation, as the case may be, consents to the disclosure of the information;

any risk that the disclosure could prejudice the proper administration of justice;

the principle that legal professional privilege should be maintained;

any other relevant matters.

engaged in by an agency; or

engaged in by a public official, in connection with his or her position as a public official; or

engaged in by a contracted service provider for a Commonwealth contract, in connection with entering into, or giving effect to, that contract.

conduct engaged in by a public official that involves, or is engaged in for the purpose of, the public official abusing his or her position as a public official;

conduct engaged in by a public official that could, if proved, give reasonable grounds for disciplinary action resulting in the termination of the official’s engagement or appointment.

the conduct would constitute taking a reprisal against another person, or an offence under section 19 (reprisals in relation to disclosures—offences); or

the conduct:

is of such a significant nature that it would undermine public confidence in an agency (or agencies); or

has other significant implications for an agency (or agencies).

the disclosure includes other information; and

the other information tends to show (or may tend to show) personal work-related conduct.

whether conduct occurred before or after the commencement of this section; or

if an agency has engaged in conduct—whether the agency has ceased to exist after the conduct occurred; or

if a public official has engaged in conduct—whether the public official has ceased to be a public official after the conduct occurred; or

if a contracted service provider has engaged in conduct—whether the contracted service provider has ceased to be a contracted service provider after the conduct occurred.

is an officer or employee of a contracted service provider for a Commonwealth contract; and

provides services for the purposes (whether direct or indirect) of the Commonwealth contract;

the individual does not engage in conduct in connection with his or her position as such a public official unless the conduct is in connection with entering into, or giving effect to, the contract.

a person who:

is a party to the Commonwealth contract; and

is responsible for the provision of goods or services under the Commonwealth contract; or

a person who:

(i) is a party to a contract (the subcontract) with a person who is a contracted service provider for the Commonwealth contract under paragraph (a) (or under a previous application of this paragraph); and

is responsible under the subcontract for the provision of goods or services for the purposes (whether direct or indirect) of the Commonwealth contract.

to which the Commonwealth or an agency is a party; and

under which goods or services are to be, or were to be, provided:

to the Commonwealth or an agency; or

for or on behalf of the Commonwealth or an agency, and in connection with the performance of its functions or the exercise of its powers.

conduct of a judicial officer; or

conduct of:

the chief executive officer of a court; or

a member of the staff of the chief executive officer of a court;

when exercising a power of the court, performing a function of a judicial nature or exercising a power of a judicial nature; or

conduct of:

a member of a Commonwealth tribunal; or

the chief executive officer of a Commonwealth tribunal; or

a member of the staff of the chief executive officer of a Commonwealth tribunal;

when exercising a power of the Commonwealth tribunal; or

any other conduct of, or relating to, a court or Commonwealth tribunal, unless the conduct:

is of an administrative nature; and

does not relate to the management or hearing of matters before the court or tribunal.

a Justice of the High Court; or

a Judge or Justice of a court created by the Parliament; or

a Judge, Justice or Magistrate of a court of a State or Territory.

an officer of the court or Commonwealth tribunal (other than the chief executive officer); or

a member of the staff of the registry or registries of the court or Commonwealth tribunal; or

an officer or employee of an agency whose services are made available to the court or Commonwealth tribunal; or

a person prescribed by the PID rules to be a member of the staff of the court or Commonwealth tribunal for the purposes of this Act.

a judicial officer of a court is not taken to be an officer of the court; and

a member of a Commonwealth tribunal is not taken to be an officer of the tribunal; and

if a statutory officeholder is a Commonwealth tribunal—the statutory officeholder is not taken to be an officer of the tribunal.

(a) an agency (the subsidiary agency) is established by or under a law of the Commonwealth for the purpose of assisting, or performing functions connected with, another agency (the parent agency); and

the subsidiary agency is an unincorporated body that is a board, council, committee, sub-committee or other body;

conduct that would, apart from this subsection, relate to the subsidiary agency is instead taken, for the purposes of this Act, to relate to the parent agency.

information that has originated with, or has been received from, an intelligence agency, except ACIC;

information that is about, or that might reveal:

a source of information referred to in paragraph (a); or

the technologies or methods used, proposed to be used, or being developed for use, by an intelligence agency, except ACIC, to collect, analyse, secure or otherwise deal with, information referred to in paragraph (a); or

operations that have been, are being, or are proposed to be, undertaken by an intelligence agency, except ACIC;

information:

that has been received by a public official from an authority of a foreign government, being an authority that has functions similar to the functions of an intelligence agency, except ACIC; and

that is about, or that might reveal, a matter communicated by that authority in confidence;

information that has originated with, or has been received from, the Defence Department and that is about, or that might reveal:

the collection, reporting, or analysis of operational intelligence; or

a program under which a foreign government provides restricted access to technology;

information that includes a summary of, or an extract from, information referred to in paragraph (a), (b), (c) or (d);

information:

that identifies a person as being, or having been, an agent or member of the staff (however described) of the Australian Secret Intelligence Service (other than a person referred to in subsection (3)); or

from which the identity of a person who is, or has been, such an agent or member of staff (however described) could reasonably be inferred; or

that could reasonably lead to the identity of such an agent or member of staff (however described) being established;

information:

(i) that identifies a person as an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979), an ASIO affiliate (within the meaning of that Act), a former ASIO employee, or a former ASIO affiliate, other than a person referred to in subsection (4); or

from which the identity of such a person could reasonably be inferred; or

that could reasonably lead to the identity of such a person being established;

sensitive law enforcement information.

avoiding disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation, foreign intelligence, security intelligence or the integrity of law enforcement agencies;

protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence, foreign intelligence, security intelligence or intelligence relating to the integrity of law enforcement agencies;

the protection and safety of:

informants or witnesses, or persons associated with informants or witnesses; or

persons involved in the protection and safety of informants or witnesses;

ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation’s government and government agencies.

(a) the discloser discloses information to an authorised officer of an agency (the recipient agency); or

(b) the discloser discloses information to the discloser’s supervisor, who then gives the information to an authorised officer of an agency (also the recipient agency) under subsection 60A(3).

Scope—decisions and previous decisions

a decision has not yet been made about the allocation; or

in a case in which the disclosure had already been allocated—a decision is made under section 45 to reallocate the disclosure to one or more agencies (which may include an agency to which the disclosure had formerly been allocated).

Allocation

allocate the disclosure to one or more agencies (which may or may not be the recipient agency); or

if subsection (4) applies—decide not to allocate the disclosure to any agency.

there is no reasonable basis on which the disclosure could be considered an internal disclosure (see section 26); or

the conduct disclosed would be more appropriately investigated under another law or power.

the disclosure includes other information; and

the other information tends to show (or may tend to show) personal work-related conduct.

Relevant considerations

the principle that an agency should not handle the disclosure unless one or more of the following circumstances apply:

in any case—some or all of the conduct disclosed relates to the agency;

if the agency is the Ombudsman—some or all of the conduct disclosed relates to an agency other than an intelligence agency, or AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions or the IGIS;

if the agency is the IGIS—some or all of the conduct disclosed relates to an intelligence agency, or AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions;

if the agency is an investigative agency (other than the Ombudsman or the IGIS)—the investigative agency has power to investigate the disclosure otherwise than under this Act; and

any other matters the authorised officer considers relevant, including:

whether subsection (8) applies (which deals with the allocation of a disclosure within the same portfolio as the recipient agency); and

any recommendation of the Ombudsman or the IGIS under section 55 about the allocation of the disclosure.

in a case in which the authorised officer belongs to an investigative agency—the authorised officer has consulted with an authorised officer in the agency to which the disclosure is to be allocated; or

(b) in any other case—an authorised officer in the agency to which the disclosure is to be allocated has consented to the allocation.

Obtaining information

if no previous decision has been made about the allocation—the day the disclosure is made or given to an authorised officer;

if the decision is made following the reconsideration of a previous decision about the allocation in response to a recommendation by the Ombudsman or the IGIS under section 55—the day the principal officer of the recipient agency receives the recommendation under that section;

to the extent that a stop action direction under the NACC Act prevented the allocation of the disclosure—the day when the authorised officer becomes aware that the direction no longer applies.

Stop action direction under the NACC Act

the allocation to the agency;

the information that was disclosed;

the conduct disclosed;

if the discloser’s name and contact details are known to the authorised officer, and the discloser consents to the persons and agencies covered by subsection (3) being informed—the discloser’s name and contact details.

the principal officer of each agency to which the disclosure is allocated;

the Ombudsman, if the disclosure is allocated to an agency other than:

the Ombudsman; or

the IGIS; or

an intelligence agency; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions;

the IGIS, if the recipient agency (under subsection 43(1)) is, or the disclosure is allocated to:

an intelligence agency; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions.

if reasonably practicable, give written notice to the discloser of:

the decision not to allocate the disclosure, and the reasons for the decision; and

if the authorised officer has taken action, or proposes to take action, under subsection (2)—the details of the action taken or proposed; and

if subparagraph (ii) does not apply—any courses of action that might be available to the discloser under another law or power; and

(b) except to the extent, if any, to which the conduct disclosed relates to an intelligence agency, or AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions—give written notice to the Ombudsman of:

the decision not to allocate the disclosure, and the reasons for the decision; and

whether the authorised officer has taken action, or proposes to take action, under subsection (2); and

if the authorised officer has taken, or proposes to take, such action—the details of such action; and

(c) to the extent, if any, to which the conduct disclosed relates to an intelligence agency, or AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions—give written notice to the IGIS of:

the decision not to allocate the disclosure, and the reasons for the decision; and

whether the authorised officer has taken action, or proposes to take action, under subsection (2); and

if the authorised officer has taken, or proposes to take, such action—the details of such action.

Details of action in relation to referral

the other law or power;

the agency or other person or body to which the conduct has been, or is to be, referred;

the steps taken, or proposed to be taken, for the conduct to be referred or to facilitate its referral.

the Ombudsman (unless paragraph (b) of this subsection applies); or

the IGIS, if the disclosure concerns conduct relating to:

an intelligence agency; or

the IGIS; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions.

the information that was disclosed;

the conduct disclosed;

if the discloser’s name and contact details are known to the authorised officer, and the discloser consents to the Ombudsman or the IGIS, as relevant, being informed—the discloser’s name and contact details;

the stop action direction under the NACC Act that prevents allocation of some or all of the disclosure.

an authorised officer receives a disclosure that is:

made to the authorised officer; or

made to a supervisor of a public official and given to the authorised officer; and

the information disclosed concerns conduct alleged to be related to:

an intelligence agency; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions.

Urgent notice within 1 business day

the making of the disclosure;

the agency to which the authorised officer belongs;

that the discloser has declared that the disclosure is urgent;

the information that was disclosed;

the conduct that was disclosed;

if the discloser’s name and contact details are known to the authorised officer, and the discloser consents to the IGIS being informed—the discloser’s name and contact details.

Notice in other cases within 14 days

the progress of the investigation;

the anticipated time remaining before the investigation is completed;

the likelihood of any extension, or further extension, of the time for completion of the investigation being required under subsection 52(4).

the information that is disclosed; or

information obtained in the course of the investigation, unless the principal officer conducting the investigation is satisfied on reasonable grounds that such information is tangential or remote to the disclosure.

the discloser is not, and has not been, a public official; or

the information does not, to any extent, concern serious disclosable conduct; or

the disclosure is frivolous or vexatious; or

the information is the same, or substantially the same, as information previously disclosed under this Act, and:

a decision was previously made under this subsection not to investigate the earlier disclosure, or not to investigate the earlier disclosure further; or

the earlier disclosure has been, or is being, investigated as a disclosure investigation; or

the conduct disclosed, or substantially the same conduct, is being investigated under another law or power, and the principal officer is satisfied, on reasonable grounds, that it would be inappropriate to conduct an investigation under this Act at the same time; or

the conduct disclosed, or substantially the same conduct, has been investigated under another law or power, and the principal officer is satisfied, on reasonable grounds, that there are no further matters concerning the conduct that warrant investigation; or

(ga) the principal officer is satisfied, on reasonable grounds, that the conduct disclosed would be more appropriately investigated under another law or power (but see subsection (1A)); or

both:

the principal officer of the agency has been informed by the discloser, an authorised officer of the agency or a principal officer or authorised officer of another agency that the discloser does not wish the investigation of the disclosure to be pursued; and

the first-mentioned principal officer is satisfied, on reasonable grounds, that there are no matters concerning the disclosure that warrant investigation; or

it is impracticable for the disclosure to be investigated:

because the discloser’s name and contact details have not been disclosed; or

because the discloser refuses or fails, or is unable, to give, for the purposes of the investigation, such information or assistance as the person who is or will be conducting the investigation asks the discloser to give; or

because of the age of the information.

to investigate the disclosure under that separate investigative power; and

not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Act.

the principal officers of each of the agencies to which any of the conduct disclosed relates; and

the discloser;

that the investigation is complete.

that the principal officer is required to investigate the disclosure;

that the principal officer has decided under section 48 or 49 not to investigate the disclosure under this Division, or not to investigate the disclosure further;

that the principal officer cannot investigate, or further investigate, the disclosure because of a stop action direction under the NACC Act.

the reasons for the decision; and

if the principal officer has taken action, or proposes to take action, under section 50AA in relation to the referral of the conduct disclosed for investigation under another law or power—details of the following:

the other law or power;

the agency or other person or body to which the conduct has been, or is to be, referred;

the steps taken, or proposed to be taken, for the conduct to be referred or to facilitate its referral.

(a) to be exempt for the purposes of Freedom of Information Act 1982; orPart IV of the

to have, or be required to have, a national security or other protective security classification; or

to contain intelligence information.

decides under section 48 not to investigate the disclosure, or not to investigate the disclosure further; and

does not decide to investigate the disclosure under a separate investigative power (as mentioned in section 49); and

is satisfied, on reasonable grounds, that the conduct disclosed would be more appropriately investigated under another law or power (other than a separate investigative power).

Referral of conduct

the principal officer of the agency has decided under section 48 or 49 not to investigate the disclosure under this Division, or not to investigate the disclosure further; and

the agency is not the Ombudsman, the IGIS or an intelligence agency; and

if the agency is AUSTRAC, the Department of Home Affairs or the Australian Federal Police—the disclosure does not relate to the intelligence functions of the agency;

the principal officer must, as soon as reasonably practicable, give written notice to the Ombudsman of the decision, and of the reasons for the decision.

the principal officer of the agency has decided under section 48 or 49 not to investigate the disclosure under this Division, or not to investigate the disclosure further; and

either:

the agency is an intelligence agency; or

the agency is AUSTRAC, the Department of Home Affairs or the Australian Federal Police, and the disclosure relates to the intelligence functions of the agency;

the principal officer must, as soon as reasonably practicable, give written notice to the IGIS of the decision, and of the reasons for the decision.

indicate whether the principal officer has taken action, or proposes to take action, under section 50AA in relation to the referral of the conduct disclosed for investigation under another law or power; and

if the principal officer has taken, or proposes to take, such action—include details of the following:

the other law or power;

the agency or other person or body to which the conduct has been, or is to be, referred;

the steps taken, or proposed to be taken, for the conduct to be referred or to facilitate its referral.

the Ombudsman (unless paragraph (b) applies); or

the IGIS, if the disclosure concerns conduct relating to:

an intelligence agency; or

the IGIS; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions.

the matters considered in the course of the investigation; and

the duration of the investigation; and

the principal officer’s findings (if any); and

the action (if any) that has been, is being, or is recommended to be, taken; and

claims of any reprisal taken against the discloser, or any other person, that relates to the matters considered in the course of the investigation, together with any related evidence; and

the agency’s response to any claims or evidence mentioned in paragraph (e).

the discloser, if reasonably practicable; and

the Ombudsman, unless paragraph (c) applies; and

the IGIS, if:

the principal officer’s agency is an intelligence agency; or

the principal officer’s agency is AUSTRAC, the Department of Home Affairs or the Australian Federal Police and the report relates to that agency’s intelligence functions.

that is likely to enable the identification of the discloser or another person; or

the inclusion of which would:

(i) result in the copy being a document that is exempt for the purposes of Freedom of Information Act 1982; orPart IV of the

result in the copy being a document having, or being required to have, a national security or other protective security classification; or

result in the copy containing intelligence information; or

contravene a designated publication restriction.

that is likely to enable the identification of the discloser or another person; or

the inclusion of which would contravene a designated publication restriction.

in the case of an investigation following the initial allocation of the disclosure to the agency concerned—the day when the disclosure was initially allocated; or

in the case of an investigation following the reallocation of the disclosure to the agency concerned—the day when the disclosure was reallocated; or

in the case of a reinvestigation—the day when the principal officer of the agency concerned decided to reinvestigate the relevant disclosure; or

to the extent that a stop action direction under the NACC Act prevented the investigation—the day when the principal officer becomes aware that the direction no longer applies.

on the Ombudsman’s own initiative; or

if the agency is not the Ombudsman—on application made by the principal officer of the agency; or

on application made by the discloser.

the agency is the IGIS or an intelligence agency; or

the agency is AUSTRAC, the Department of Home Affairs or the Australian Federal Police, and the disclosure relates to the intelligence functions of the agency;

the IGIS may extend, or further extend, the 90-day period by such additional period (which may exceed 90 days) as the IGIS considers appropriate:

on the IGIS’s own initiative; or

if the agency is not the IGIS—on application made by the principal officer of the agency; or

on application made by the discloser.

the Ombudsman or the IGIS, as the case may be, must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and

the principal officer of the agency must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.

the investigation relates to one or more instances of fraud; and

those rules are not inconsistent with this Act (apart from subsections (1) and (2)).

under subsection 44(2)—is notified of the allocation of a disclosure to an agency; or

under subsection 44A(3)—is notified of a decision not to allocate a disclosure to any agency; or

under section 50A—is notified by the principal officer of an agency of a decision not to investigate a disclosure under Division 2, or not to investigate a disclosure further under that Division; or

under subsection 51(4)—is notified of the completion of an investigation under Division 2 in relation to a disclosure; or

(e) receives a complaint under the Ombudsman Act 1976 or the Inspector-General of Intelligence and Security Act 1986 (as the case may be) about the handling by an agency of a disclosure.

if the disclosure was made to a supervisor of the discloser—the supervisor;

the authorised officer to whom the disclosure was made or given;

the principal officer of an agency to which the disclosure was allocated;

any other public official involved in handling the disclosure.

the principal officer of the agency in which the disclosure was made;

the principal officer of an agency to which the disclosure was allocated.

a recommendation that the disclosure should be allocated;

a recommendation that the disclosure should be reallocated to a different agency or agencies;

a recommendation that the disclosure should be investigated;

a recommendation that the disclosure should be reinvestigated by the same or a different agency;

a recommendation that any other action be taken in relation to:

the disclosure or its handling; or

the discloser, any supervisor of the discloser, any authorised officer of an agency or any public official belonging to an agency.

Response by principal officer

directing the allocation (or reallocation) of the disclosure;

investigating (or reinvestigating) the disclosure;

taking any other action in relation to the handling of the disclosure.

any action taken, or proposed to be taken, in response to a recommendation by the agency under subsection (5); and

if no action is proposed to be taken in response to such a recommendation—the reason why no such action has been taken or is proposed.

the information disclosed;

any other information obtained in the course of the investigation.

Power to give information to police

if the investigator believes on reasonable grounds that the agency to which the investigator belongs has the capacity and the appropriate skills and resources needed:

to investigate the commission of the offence; and

to meet the requirements of the Commonwealth Director of Public Prosecutions in gathering evidence and preparing briefs of evidence in relation to the commission of the offence; or

(b) if the investigator suspects on reasonable grounds that the relevant information raises a corruption issue (within the meaning of the National Anti-Corruption Commission Act 2022) and:

the corruption issue has been referred under that Act to the person or agency mentioned in subsection (4A); or

that person or agency is already aware of the issue.

the National Anti-Corruption Commissioner; or

the IGIS, if the corruption issue concerns:

an intelligence agency; or

AUSTRAC, the Department of Home Affairs or the Australian Federal Police in relation to that agency’s intelligence functions.

No limitation on power to notify police

the number of authorised officers of the agency is sufficient to ensure that they are readily accessible by public officials who belong to the agency; and

public officials who belong to the agency are aware of the identity of each authorised officer of the agency.

public officials who make, or are considering making, public interest disclosures relating to the agency; and

any other persons who provide, or are considering providing, assistance in relation to such public interest disclosures.

Procedures for dealing with public interest disclosures

deal with the assessment of risks that reprisals may be taken in relation to those disclosures; and

provide for confidentiality of investigative processes; and

comply with any standards in force under subsection 74(1).

integrity and accountability;

how to make a public interest disclosure;

the protections available under this Act;

the performance by those officials of their functions under this Act;

the circumstances (if any) in which a public interest disclosure must be referred to an agency, or other person or body, under another law of the Commonwealth.

have been made; or

may have been made; or

are proposed to be made; or

could be made;

to an authorised officer or a supervisor belonging to the agency.

an individual discloses, or proposes to disclose, information to an authorised officer of an agency; and

the authorised officer has reasonable grounds to believe that:

the information concerns, or could concern, disclosable conduct; and

the individual may be unaware of the consequences of making the disclosure;

the authorised officer must:

inform the individual that the disclosure could be treated as an internal disclosure for the purposes of this Act; and

explain what this Act requires in order for the disclosure to be an internal disclosure; and

advise the individual about the circumstances (if any) in which a public interest disclosure must be referred to an agency, or other person or body, under another law of the Commonwealth; and

advise the individual of any orders or directions of which the authorised officer is aware that are designated publication restrictions that may affect disclosure of the information.

Duty to protect public officials against reprisals

have been made or given to the officer; or

may have been made or given to the officer; or

are proposed to be made or given to the officer; or

could be made or given to the officer.

(a) a public official (the discloser) discloses information to a supervisor of the official; and

the supervisor has reasonable grounds to believe that the information concerns, or could concern, one or more instances of disclosable conduct; and

the supervisor is not an authorised officer of the agency to which the supervisor belongs.

Obligation to explain matters to discloser

inform the discloser that the disclosure could be treated as an internal disclosure for the purposes of this Act; and

explain to the discloser the procedures under this Act for such a disclosure to be:

given to an authorised officer; and

allocated to the discloser’s agency or another agency; and

investigated by the principal officer of that agency; and

advise the individual about the circumstances (if any) in which a public interest disclosure must be referred to an agency, or other person or body, under another law of the Commonwealth; and

explain to the discloser the civil and criminal protections this Act provides to protect disclosers, and those providing assistance in relation to such disclosures, from reprisals.

Obligation to give information to an authorised officer

the person has obtained information in the person’s capacity as the recipient of a legal practitioner disclosure; and

the person:

discloses the information to another person; or

uses the information.

the disclosure or use is for the purpose of providing legal advice, or professional assistance, relating to a public interest disclosure (other than a legal practitioner disclosure) made, or proposed to be made, by the person who made the legal practitioner disclosure referred to in paragraph (1)(a); or

the information has previously been lawfully published.

(a) a public official means an individual mentioned in column 1 of an item of the following table; and

(b) the public official belongs to the agency mentioned in column 2 of the item.

(a) the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or

(b) the Australian Capital Territory (Self-Government) Act 1988; or

(c) the Corporations Act 2001; or

(e) the Northern Territory (Self-Government) Act 1978.

(a) a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976 is taken to be a member of the staff of the Ombudsman; and

(b) a person covered by subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986 is taken to be a member of the staff of the IGIS; and

(c) a person (other than the National Anti-Corruption Commissioner) who is listed in National Anti-Corruption Commission Act 2022 is taken to be a member of the staff of the National Anti-Corruption Commission.section 266 of the

a judicial officer;

a member of a Royal Commission;

a member of Parliament;

(d) a person employed under the Members of Parliament (Staff) Act 1984.

an authorised officer of an agency believes, on reasonable grounds, that an individual has information that concerns disclosable conduct; and

apart from this subsection, the individual was not a public official when the individual obtained the information; and

the individual has disclosed, or proposes to disclose, the information to the authorised officer;

the authorised officer may, by written notice given to the individual, determine that this Act has effect, and is taken always to have had effect, in relation to the disclosure of the information by the individual, as if the individual had been a public official when the person obtained the information.

on a request being made to the authorised officer by the individual; or

on the authorised officer’s own initiative.

make the determination, and inform the individual accordingly; or

refuse to make the determination, and inform the individual of the refusal and the reasons for the refusal.

a judicial officer; or

a member of a Royal Commission; or

a member of Parliament; or

(d) a person employed under the Members of Parliament (Staff) Act 1984.

a Commonwealth entity; or

a prescribed authority.

a Commonwealth company;

the part of the Defence Department known as the Australian Geospatial-Intelligence Organisation;

the part of the Defence Department known as the Defence Intelligence Organisation;

the High Court or any court created by the Parliament;

a body that is:

established by a law of the Commonwealth; and

prescribed by the PID rules;

the person holding, or performing the duties of, an office that is:

established by a law of the Commonwealth; and

prescribed by the PID rules.

(a) the Chief Executive and Principal Registrar of the High Court is the chief executive officer of the High Court; and

(b) the Chief Executive Officer and Principal Registrar of the Federal Court is the chief executive officer of the Federal Court; and

(c) the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia is the chief executive officer of the following courts:

the Federal Circuit and Family Court of Australia (Division 1);

the Federal Circuit and Family Court of Australia (Division 2); and

(d) the PID rules may provide that the chief executive officer of another specified court is the person holding, or performing the duties of, a specified office; and

(e) the Chief Executive Officer and Principal Registrar of the Administrative Review Tribunal is the chief executive officer of the Administrative Review Tribunal; and

(f) the PID rules may provide that the chief executive officer of another specified Commonwealth tribunal is the person holding, or performing the duties of, a specified office.

Subdivision D—Machinery of government changes

before the change time, a person disclosed information to an authorised officer of an affected agency, or to a supervisor belonging to the affected agency; and

the information concerns conduct that is taken to relate to the new agency under section 73B; and

immediately before the change time, consideration of the disclosure under this Act had not started, or (if it had started) had not ended.

the disclosure is taken to have been made to an authorised officer of the new agency, or to a supervisor belonging to the new agency; and

if the disclosure had, before the change time, been allocated to the affected agency, after that time it is taken to have been allocated to the new agency; and

if an investigation under this Act had, before the change time, started in relation to the disclosure, the investigation may continue as if the disclosure had been made in relation to conduct that relates to the new agency; and

anything done (including any decision made) for the purposes of this Act in relation to the disclosure before the change time by any person is taken, for the purposes of the application of this Act, to have been done after the change time; and

after the change time, this Act continues to apply in relation to the disclosure accordingly.

before the change time, a person disclosed information to an authorised officer of an affected agency, or to a supervisor belonging to the affected agency; and

the information concerns conduct that is taken to relate to the new agency under section 73B; and

either:

immediately before the change time, consideration of the disclosure under this Act had not started, or (if it had started) had not ended; or

before or after the change time, a report into an investigation under section 51 in relation to the disclosure is completed by the principal officer of the affected agency.

any report of the investigation under section 51;

any notice of recommendations by the Ombudsman or the IGIS under section 55;

any other information in relation to the disclosure.