Protected Disclosures (Protection of Whistleblowers) Bill

13 Discloser’s entitlement to disclose to Minister or Ombudsman further

(1)

This section applies if a discloser believes on reasonable grounds that the receiver of a protected disclosure—

(a)

has not acted as it should under section 12; or

(b)

has not dealt with the matter so as to address the serious wrongdoing.

(2)

The discloser is entitled to protection under this Act for a protected disclosure made to—

(a)

a Minister (unless the disclosure relates to serious wrongdoing in or by the office of an officer of Parliament); or

(aa)

the Speaker (if the disclosure relates to serious wrongdoing in or by the office of an officer of Parliament).

(b)

an Ombudsman (if the receiver was not an Ombudsman) so that the Ombudsman may act under section 15 or 30.

(2A)

This section does not limit

(a)

section 11(3), which provides a discloser may disclose to an Ombudsman as an appropriate authority at any time; and

(b)

section 30, which enables an Ombudsman to refer or investigate certain protected disclosures.

(3)

However, this section does not apply if the disclosure is or includes intelligence and security information or international relations information, this section is subject to (and sections 25 and 26 apply instead).

Compare: 2000 No 7 s 10