Whistleblowers Protection Amendment Act 2008

i Whistleblowers Protection Amendment Act 2008 No. 57 of 2008 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Disclosure by Ombudsman 2 4 New section 22A inserted 2 22A Ombudsman may disclose identity of person against whom protected disclosure is made if in public interest 2 5 Opportunity to be heard 3 6 New section 111C inserted 4 111C Transitional provision—Whistleblowers Protection Amendment Act 2008 4 7 Repeal of amending Act 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Whistleblowers Protection Amendment Act 2008 † No. 57 of 2008 [Assented to 23 September 2008] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Whistleblowers Protection Act 2001 in relation to certain reports by the Ombudsman to be laid before each House of Parliament. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria -- 2 of 7 -- Whistleblowers Protection Amendment Act 2008 No. 57 of 2008 2 3 Disclosure by Ombudsman (1) In section 22(3) of the Whistleblowers Protection Act 2001, for "The Ombudsman or a public body" substitute "A public body". (2) After section 22(3) of the Whistleblowers Protection Act 2001 insert— "(3A) The Ombudsman must not in a report referred to in section 102 disclose particulars likely to lead to the identification of a person against whom a protected disclosure is made.". 4 New section 22A inserted After section 22 of the Whistleblowers Protection Act 2001 insert— "22A Ombudsman may disclose identity of person against whom protected disclosure is made if in public interest (1) The Ombudsman may disclose in a report referred to in section 103 particulars likely to lead to the identification of a person against whom a protected disclosure is made if the Ombudsman determines that it is in the public interest to do so. (2) In determining whether it is in the public interest to disclose the particulars referred to in subsection (1), the matters to be considered by the Ombudsman must include— (a) the nature of the particulars to be disclosed; and (b) the public interest to be served by the disclosure; and s. 3 See: Act No. 36/2001. Reprint No. 1 as at 21 July 2005 and amending Act Nos 18/2005, 24/2006, 48/2006 and 28/2007. LawToday: www. legislation. vic.gov.au -- 3 of 7 -- Whistleblowers Protection Amendment Act 2008 No. 57 of 2008 3 (c) the reasons why confidentiality is not appropriate; and (d) whether the public interest could be met in a manner that is unlikely to lead to the identification of the person. (3) If the Ombudsman includes in a report referred to in section 103 particulars likely to lead to the identification of a person against whom a protected disclosure is made, the Ombudsman must set out in that report the reasons why the Ombudsman considers that the disclosure is in the public interest.". 5 Opportunity to be heard (1) In section 61(1) of the Whistleblowers Protection Act 2001, for "or Part 8" substitute ", Part 8 or section 103". (2) After section 61(1) of the Whistleblowers Protection Act 2001 insert— "(1A) For the purposes of subsection (1), the Ombudsman must provide the person who is subject to the adverse comment with— (a) details of the adverse comment; and (b) either— (i) a copy of the parts of the report that relate to the adverse comment; or (ii) information about the adverse comment— that would adequately enable the person to put forward any defence that the person may want to be set out in the report.". s. 5 -- 4 of 7 -- Whistleblowers Protection Amendment Act 2008 No. 57 of 2008 4 6 New section 111C inserted After section 111B of the Whistleblowers Protection Act 2001 insert— "111C Transitional provision—Whistleblowers Protection Amendment Act 2008 (1) Subject to subsections (2) and (3), this Act, as amended by the Whistleblowers Protection Amendment Act 2008, applies to any report laid before a House of Parliament under section 103 after the commencement of that Act even if— (a) an investigation to which the report relates was commenced or conducted before that commencement; (b) a disclosure to which the report relates was made before that commencement. (2) Subsection (1) does not apply to any report that relates to an investigation commenced or conducted before the commencement of the Whistleblowers Protection Amendment Act 2008 if a report in relation to that investigation had been previously made under section 63. (3) Subsection (1) does not apply to any report that relates to a disclosure that was made before the commencement of the Whistleblowers Protection Amendment Act 2008 if a report in relation to that disclosure had been previously laid before a House of Parliament under section 103.". s. 6 -- 5 of 7 -- Whistleblowers Protection Amendment Act 2008 No. 57 of 2008 5 7 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 7 -- 6 of 7 -- Whistleblowers Protection Amendment Act 2008 No. 57 of 2008 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 31 July 2008 Legislative Council: 21 August 2008 The long title for the Bill for this Act was "A Bill for an Act to amend the Whistleblowers Protection Act 2001 in relation to certain reports by the Ombudsman to be laid before each House of Parliament and for other purposes." Endnotes -- 7 of 7 --