Protected Disclosure Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Protected Disclosure Regulations 2013 S.R. No. 7/2013 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Definitions 2 5 Meaning of in private 2 6 Prescribed procedure for making a disclosure to the IBAC 3 7 Prescribed procedure for making a disclosure to the Ombudsman 4 8 Prescribed procedure for making a disclosure to the Victorian Inspectorate 4 9 Prescribed procedure for making a disclosure to a public service body 5 10 Prescribed procedure for making a disclosure to a Council 7 11 Prescribed procedure for making a disclosure to a prescribed member of police personnel 8 12 Prescribed procedure for making a disclosure to a Presiding Officer 8 13 Prescribed police personnel 9 14 Prescribed matters to be included in a written statement of advice to a person who has made a disclosure 9 15 Renumbering of references 10 ═══════════════ -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 7/2013 Protected Disclosure Act 2012 Protected Disclosure Regulations 2013 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 5 February 2013 Responsible Minister: ANDREW McINTOSH Minister responsible for the establishment of an anti-corruption commission MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to prescribe the procedure for making a disclosure under Part 2 of the Protected Disclosure Act 2012; (b) to prescribe members of police personnel to whom a disclosure under Part 2 of the Protected Disclosure Act 2012 may be made; (c) to prescribe the matters that must be included in a written statement under section 28 of the Protected Disclosure Act 2012. -- 2 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 79 of the Protected Disclosure Act 2012. 3 Commencement (1) These Regulations (except regulation 15) come into operation on 10 February 2013. (2) Regulation 15 comes into operation on the day on which Part 8 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation. 4 Definitions In these Regulations— public service body has the same meaning as it has in section 4(1) of the Public Administration Act 2004; public service body Head has the same meaning as it has in section 4(1) of the Public Administration Act 2004; the Act means the Protected Disclosure Act 2012. 5 Meaning of in private For the purposes of these Regulations, a disclosure is made in private if the person making the disclosure reasonably believes that the only persons who are present or able to listen to the disclosure at the time the disclosure is made are— (a) the person making the disclosure; (b) one or more person to whom the disclosure can be made in accordance with the Act and these Regulations; (c) an Australian legal practitioner (if any) representing the person making the disclosure. r. 2 -- 3 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 3 Authorised by the Chief Parliamentary Counsel 6 Prescribed procedure for making a disclosure to the IBAC (1) For the purposes of section 12(1) of the Act, an oral disclosure to the IBAC must be made in private, either in person or by telephone or some form of electronic communication not involving writing, to— (a) the Commissioner appointed under section 14(1) of the Independent Broad- based Anti-corruption Commission Act 2011; or (b) a Deputy Commissioner appointed under section 17(1) of the Independent Broad- based Anti-corruption Commission Act 2011; or (c) the Chief Executive Officer appointed under section 27(1) of the Independent Broad- based Anti-corruption Commission Act 2011; or (d) an employee referred to in section 29(1) of the Independent Broad-based Anti- corruption Commission Act 2011; or (e) any staff referred to in section 29(2) of the Independent Broad-based Anti-corruption Commission Act 2011. (2) For the purposes of section 12(1) of the Act, a written disclosure to the IBAC must be— (a) delivered personally to the office of the IBAC; or (b) sent by post addressed to the office of the IBAC; or (c) sent by email to the email address of the office of the IBAC or to the official email address of a person specified in subregulation (1); or r. 6 -- 4 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 4 Authorised by the Chief Parliamentary Counsel (d) submitted by an online form (if any) identified in the procedures established by the IBAC under section 58(4) of the Act. 7 Prescribed procedure for making a disclosure to the Ombudsman (1) For the purposes of section 12(1) of the Act, an oral disclosure to the Ombudsman must be made in private, either in person or by telephone or some form of electronic communication not involving writing, to an Ombudsman officer. (2) For the purposes of section 12(1) of the Act, a written disclosure to the Ombudsman must be— (a) delivered personally to the office of the Ombudsman; or (b) sent by post addressed to the office of the Ombudsman; or (c) sent by email to the email address of the office of the Ombudsman or to the official email address of an Ombudsman officer; or (d) submitted by an online form (if any) identified in the procedures established by the Ombudsman under section 58(1) of the Act. 8 Prescribed procedure for making a disclosure to the Victorian Inspectorate (1) For the purposes of section 12(1) of the Act, an oral disclosure to the Victorian Inspectorate must be made in private, either in person or by telephone or some form of electronic communication not involving writing, to— (a) the Inspector appointed under section 14(1) of the Victorian Inspectorate Act 2011; or r. 7 -- 5 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 5 Authorised by the Chief Parliamentary Counsel (b) an employee referred to in section 24(1) of the Victorian Inspectorate Act 2011; or (c) any staff referred to in section 24(2) of the Victorian Inspectorate Act 2011. (2) For the purposes of section 12(1) of the Act, a written disclosure to the Victorian Inspectorate must be— (a) delivered personally to the office of the Victorian Inspectorate; or (b) sent by post addressed to the office of the Victorian Inspectorate; or (c) sent by email to the email address of the office of the Victorian Inspectorate or to the official email address of a person specified in subregulation (1); or (d) submitted by an online form (if any) identified in the procedures established by the Victorian Inspectorate under section 58(1) of the Act. 9 Prescribed procedure for making a disclosure to a public service body (1) For the purposes of section 12(1) of the Act, an oral disclosure to a public service body must be made in private, either in person or by telephone or other form of electronic communication not involving writing— (a) to the public service body Head of that public service body; or (b) to a person identified as a person who can receive disclosures in the procedures established by that public service body under section 58(1) of the Act; or r. 9 -- 6 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 6 Authorised by the Chief Parliamentary Counsel (c) if the person making the disclosure is a member, officer or employee of that public service body— (i) to a person specified in paragraph (a) or (b); or (ii) to a member, officer or employee of that public service body who directly or indirectly supervises or manages that person; or (d) if the disclosure relates to a person who is a member, officer or employee of that public service body— (i) to a person specified in paragraph (a), (b) or (c)(ii); or (ii) to a member, officer or employee of that public service body who directly or indirectly supervises or manages that person. (2) For the purposes of section 12(1) of the Act, a written disclosure to a public service body must be— (a) delivered personally to the office of the public service body; or (b) sent by post addressed to the office of the public service body; or (c) sent by email to the email address of the office of the public service body or to the official email address of a person specified in subregulation (1). r. 9 -- 7 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 7 Authorised by the Chief Parliamentary Counsel 10 Prescribed procedure for making a disclosure to a Council (1) For the purposes of section 12(1) of the Act, an oral disclosure to a Council must be made in private, either in person or by telephone or some form of electronic communication not involving writing— (a) to the Chief Executive Officer (within the meaning of the Local Government Act 1989) of that Council; or (b) to a person identified as a person who can receive disclosures in the procedures established by that Council under section 58(1) of the Act; or (c) if the person making the disclosure is a member, officer or employee of that Council— (i) to a person specified in paragraph (a) or (b); or (ii) to a member, officer or employee of that Council who directly or indirectly supervises or manages that person; or (d) if the disclosure relates to a person who is a member, officer or employee of that Council— (i) to a person specified in paragraph (a), (b) or (c)(ii); or (ii) to a member, officer or employee of that Council who directly or indirectly supervises or manages that person. (2) For the purposes of section 12(1) of the Act, a written disclosure to a Council must be— (a) delivered personally to the office of the Council; or r. 10 -- 8 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 8 Authorised by the Chief Parliamentary Counsel (b) sent by post addressed to the office of the Council; or (c) sent by email to the email address of the office of the Council or to the official email address of a person specified in subregulation (1). 11 Prescribed procedure for making a disclosure to a prescribed member of police personnel (1) For the purposes of section 12(1) of the Act, an oral disclosure to a prescribed member of police personnel under section 12(1) of the Act must be made in private, either in person or by telephone or some form of electronic communication not involving writing. (2) For the purposes of section 12(1) of the Act, a written disclosure to a prescribed member of police personnel must be— (a) delivered personally to the workplace of a prescribed member of police personnel marked for the attention of the prescribed member of police personnel; or (b) sent by post to the workplace of a prescribed member of police personnel addressed to the prescribed member of police personnel; or (c) sent by email to the official email address of the prescribed member of police personnel. 12 Prescribed procedure for making a disclosure to a Presiding Officer (1) For the purposes of section 12(1) of the Act, an oral disclosure to the Speaker of the Legislative Assembly or the President of the Legislative Council must be made in private, either in person or by telephone or some form of electronic communication not involving writing, to— r. 11 -- 9 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 9 Authorised by the Chief Parliamentary Counsel (a) the Speaker or the President as the case requires; or (b) an employee of the office of the President or the Speaker, as the case requires. (2) For the purposes of section 12(1) of the Act, a written disclosure to the Speaker of the Legislative Assembly or the President of the Legislative Council must be— (a) delivered personally to the office of the Speaker or the office of the President as the case requires; or (b) sent by post addressed to the office of the Speaker or the office of the President as the case requires; or (c) sent by email to the office of the Speaker or the office of the President as the case requires or to the official email address of a person specified in subregulation (1). 13 Prescribed police personnel For the purposes of section 18 of the Act, members of police personnel with a rank, including an acting rank, of sergeant or above are prescribed. 14 Prescribed matters to be included in a written statement of advice to a person who has made a disclosure For the purposes of section 28(3) of the Act, the following matters are prescribed— (a) a copy of sections 72 and 74 and Parts 6 and 7 of the Act; and (b) an explanation of the effect of those sections and Parts. r. 13 -- 10 of 11 -- S.R. No. 7/2013 Protected Disclosure Regulations 2013 10 Authorised by the Chief Parliamentary Counsel 15 Renumbering of references In these Regulations— (a) in regulation 6(1)(a), for "section 14(1)" substitute "section 20(1)"; (b) in regulation 6(1)(b), for "section 17(1)" substitute "section 23(1)"; (c) in regulation 6(1)(c), for "section 27(1)" substitute "section 33(1)"; (d) in regulation 6(1)(d), for "section 29(1)" substitute "section 35(1)"; (e) in regulation 6(1)(e), for "section 29(2)" substitute "section 35(2)"; (f) in regulation 8(1)(a), for "section 14(1)" substitute "section 18(1)"; (g) in regulation 8(1)(b), for "section 24(1)" substitute "section 28(1)"; (h) in regulation 8(1)(c), for "section 24(2)" substitute "section 28(2)". ═══════════════ r. 15 -- 11 of 11 --