RECOMMENDATIONS
Recommendation 1
3.10
The committee recommends that the Bill be amended to provide that a
public official can make a public interest disclosure to a person who is their
direct, or indirect, supervisor or manager.
Recommendation 2
3.15
The committee recommends that the Australian Government introduce
amendments to simplify and clarify the external disclosure requirements in
item 2 of the table in subclause 26(1) of the Bill, and in the
following related provisions:
- subclause 26(3) – factors to be considered when determining if a
disclosure is contrary to the public interest;
- clause 37 – circumstances in which investigations under Part 3
are inadequate;
- clause 38 – circumstances in which responses to investigations
under Part 3 are inadequate; and
- clause 39 – circumstances in which responses to other disclosure
investigations are inadequate.
Recommendation 3
3.16
In developing the amendments in Recommendation 2, the committee
recommends that the Australian Government consider the proposals for amendments
in the submissions to the committee's inquiry received from:
Dr Gabrielle Appleby, Dr Judith Bannister and Ms Anna Olijnyk; the
Accountability Round Table; the Law Council of Australia; and
Professor AJ Brown.
Recommendation 4
3.19
The committee recommends that clause 11 of the Bill be amended to insert
'knowingly' before the phrase 'making a statement that is false or misleading'.
Recommendation 5
3.25
The committee recommends that clause 81 of the Bill be removed.
Recommendation 6
3.34
The committee recommends that the Australian Government conduct a
comprehensive review of the practical operation and effect of the public
interest disclosure framework to be established by the Bill, with the review to
be undertaken two years after commencement of the legislation.
Recommendation 7
3.38
Subject to Recommendations 1-5, and after due consideration of any
amendments arising from the 'other matters' referred to in paragraphs 3.35-3.37
of this report, the committee recommends that the Bill be passed.
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