Public Interest Disclosure Bill 2001

Public Interest Disclosure Bill 2001

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TABLE OF CONTENTS

PREFACE (PDF format)

EXECUTIVE SUMMARY (PDF format)

    Introduction
    Purpose and scope of the Bill
    Who can receive a disclosure
    Procedures for investigating a public interest disclosure
    Protection from unlawful reprisals
    General conclusion and recommendation
CHAPTER 1: THE COMMITTEE’S INQUIRY (PDF format)
    Establishment of the inquiry
    Conduct of the inquiry
    Hearing and evidence
    Structure of the report
    Acknowledgments
CHAPTER 2: CURRENT ARRANGEMENTS (PDF format)
    Genesis of current arrangements
    The effectiveness of current arrangements
    Committee view
CHAPTER 3: THE PURPOSE AND SCOPE OF THE BILL (PDF format)
    The purpose of the Bill
    What constitutes a public interest disclosure
    Who can be the subject of a disclosure
    Who can make a public interest disclosure
    Retrospectivity
    Committee view
CHAPTER 4: WHO CAN RECEIVE AND INVESTIGATE A DISCLOSURE (PDF format)
    Agency heads
    The need for an independent authority
    The Public Service Commissioner and the Merit Protection Commissioner
    The Ombudsman
    Disclosure to the media
    Committee view
CHAPTER 5: PROCEDURES FOR INVESTIGATING A PUBLIC INTEREST DISCLOSURE (PDF format)
    Procedures
    Powers to investigate
    Decisions not to refer the disclosure
    Reporting obligations and requirements
    Anonymous disclosures
    Frivolous and vexatious reports
    Indemnity for whistleblowers
    Confidentiality
    Committee view
CHAPTER 6: UNLAWFUL REPRISALS (PDF format)
    Definition of unlawful reprisal and detriment
    Penalties
    The defence against an accusation of unlawful reprisal
    Assistance to complainants
    Relocation powers
    Liability in damages
    Applications for injunctions or orders
    Agency protection of whistleblowers
    Independent investigation of unlawful reprisals
    Committee view
    Overall conclusion and recommendation

ADDITIONAL COMMENTS (PDF format)
SENATOR ANDREW MURRAY

Appendices (PDF format)

Appendix 1: List of Submissions

Appendix 2: Additional Information

Appendix 3: Public Hearing

Appendix 4: Tabled Documents

Appendix 5: Background to Whistleblowing Legislation

Appendix 6: Relevant Sections of the Public Service Act 1999 and the Public Service Regulations