Supporting People who Speak Out

Australia – Standards – Coverage – Reportable

Australia – Standards – Coverage – Reportable

29. (1) Disclosable conduct is conduct of a kind mentioned in the following table that is conduct:

(a) engaged in by an agency; or

(b) engaged in by a public official, in connection with his or her position as a public official; or

(c) engaged in by a contracted service provider for a Commonwealth contract, in connection with entering into, or giving effect to, that contract:

Disclosable conduct

Item

Kinds of disclosable conduct

1

Conduct that contravenes a law of the Commonwealth, a State or a Territory.

2

Conduct, in a foreign country, that contravenes a law that:

(a) is in force in the foreign country; and

(b) is applicable to the agency, public official or contracted service provider; and

(c) corresponds to a law in force in the Australian Capital Territory.

3

Conduct that:

(a) perverts, or is engaged in for the purpose of perverting, or attempting to pervert, the course of justice; or

(b) involves, or is engaged in for the purpose of, corruption of any other kind.

4

Conduct that constitutes maladministration, including conduct that:

(a) is based, in whole or in part, on improper motives; or

(b) is unreasonable, unjust or oppressive; or

(c) is negligent.

5

Conduct that is an abuse of public trust.

6

Conduct that is:

(a) fabrication, falsification, plagiarism, or deception, in relation to:

(i) proposing scientific research; or

(ii) carrying out scientific research; or

(iii) reporting the results of scientific research; or

(b) misconduct relating to scientific analysis, scientific evaluation or the giving of scientific advice.

7

Conduct that results in the wastage of:

(a) public money (within the meaning of the Financial Management and Accountability Act 1997) ; or

(b) public property (within the meaning of that Act) ; or

(c) money of a prescribed authority; or

(d) property of a prescribed authority.

8

Conduct that:

(a) unreasonably results in a danger to the health or safety of one or more persons; or

(b) unreasonably results in, or increases, a risk of danger to the health or safety of one or more persons.

9

Conduct that:

(a) results in a danger to the environment; or

(b) results in, or increases, a risk of danger to the environment.

10

Conduct of a kind prescribed by the PID rules.

(2) Without limiting subsection (1) , the following are also disclosable conduct:

(a) conduct engaged in by a public official that involves, or is engaged in for the purpose of, the public official abusing his or her position as a public official;

(b) conduct engaged in by a public official that could, if proved, give reasonable grounds for disciplinary action against the public official.

(3) For the purposes of this section, it is immaterial:

(a) whether conduct occurred before or after the commencement of this section; or

(b) if an agency has engaged in conduct-whether the agency has ceased to exist after the conduct occurred; or

(c) if a public official has engaged in conduct-whether the public official has ceased to be a public official after the conduct occurred; or

(d) if a contracted service provider has engaged in conduct-whether the contracted service provider has ceased to be a contracted service provider after the conduct occurred.

Referenced Legislation: Public Interest Disclosure Act (2013)

About Author

Blueprint for Free Speech
administrator