Protected Disclosures (Protection of Whistleblowers) Act 2022

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Protected Disclosures (Protection of Whistleblowers) Act 2022

Public Act		2022 No 20
Date of assent		13 May 2022
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Interpretation
5	Transitional, savings, and related provisions
6	Act binds the Crown
	Part 2 Key concepts and what to do
	Subpart 1—Key concepts
7	Overview
8	Meaning of discloser
9	Meaning of protected disclosure
10	Meaning of serious wrongdoing
	Subpart 2—What to do (disclosers and receivers)
11	Discloser’s entitlement to protection
12	Supporting information
13	Guidance: what receiver should do
14	Discloser’s entitlement to disclose further
15	Receiver may decide no action is required
16	Receiver may refer disclosure
	Part 3 Protections
	Confidentiality
17	Confidentiality
18	Protecting confidentiality under Privacy Act 2020
19	Protecting confidentiality by withholding official information
	Obligation not to retaliate or treat less favourably
20	Obligation not to retaliate or treat less favourably
21	No retaliation by employer
22	No victimisation
	No retaliation in court or disciplinary proceedings
23	Immunity from civil, criminal, and disciplinary proceedings
	No contracting out
24	No contracting out
	Part 4 Appropriate authorities, special rules for certain organisations, Ombudsmen’s role, etc
	Subpart 1—Appropriate authorities
25	Meaning of appropriate authority
26	Schedule 2 may be amended by Order in Council
	Subpart 2—Special rules for intelligence, security, and international relations information
27	Special rules for intelligence and security information
28	Special rules for international relations information
	Subpart 3—Special rules for all public sector organisations
29	Public sector organisations must have internal procedures
	Subpart 4—Ombudsmen’s role
30	Role of Ombudsmen in providing information and guidance
31	Information about internal procedures
32	Ombudsmen may escalate protected disclosure to Minister or investigate disclosure
33	Ombudsmen may take over some investigations or investigate together with public sector organisation
34	Ombudsmen may review and guide investigations by public sector organisations
35	Ombudsmen may receive reports on investigations and include information in annual report
36	Chief Ombudsman may appoint persons to perform Ombudsman’s functions under this Act
37	Ombudsmen’s functions and powers
	Subpart 5—Other protections and privileges
38	Other protections not limited
39	Legal professional privilege
	Subpart 6—Consequential amendments and repeal
40	Consequential amendments
41	Repeal of Protected Disclosures Act 2000
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Examples of concerns and examples of appropriate authorities
	Schedule 3 Consequential amendments
	Legislative history
	Administrative information

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Protected Disclosures (Protection of Whistleblowers) Act 2022

Protected Disclosures (Protection of Whistleblowers) Act 2022

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