Protected Disclosures Act 2000

Before its repeal, this Act was administered by: Public Service Commission
  • repealed
  • Protected Disclosures Act 2000: repealed, on 1 July 2022, by section 41 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (2022 No 20).

Protected disclosures

6 Disclosures to which Act applies

(1)

An employee of an organisation may disclose information in accordance with this Act if—

(a)

the information is about serious wrongdoing in or by that organisation; and

(b)

the employee believes on reasonable grounds that the information is true or likely to be true; and

(c)

the employee wishes to disclose the information so that the serious wrongdoing can be investigated; and

(d)

the employee wishes the disclosure to be protected.

(2)

Any disclosure made in accordance with subsection (1) is a protected disclosure of information for the purposes of this Act.

(3)

If an employee of an organisation believes on reasonable grounds that the information he or she discloses is about serious wrongdoing in or by that organisation but the belief is mistaken, the information must be treated as complying with subsection (1)(a) for the purposes of the protections conferred by this Act and by section 66(1)(a) of the Human Rights Act 1993.

(4)

This section is subject to section 6A.

Section 6(1): amended, on 6 May 2009, by section 5(1) of the Protected Disclosures Amendment Act 2009 (2009 No 11).

Section 6(3): added, on 6 May 2009, by section 5(2) of the Protected Disclosures Amendment Act 2009 (2009 No 11).

Section 6(4): added, on 6 May 2009, by section 5(2) of the Protected Disclosures Amendment Act 2009 (2009 No 11).