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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Public Interest Disclosure (Consequential
Amendments) Bill 2013
No. , 2013
(Public Service and Integrity)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Public Interest
Disclosure Act 2013, and for other purposes
i Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 3
Schedule 1--Amendments
4
Australian Law Reform Commission Act 1996
4
Inspector-General of Intelligence and Security Act 1986
4
Ombudsman Act 1976
5
Parliamentary Service Act 1999
9
Public Service Act 1999
10
Schedule 2--Transitional provisions
11
Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013 1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Public Interest
2
Disclosure Act 2013, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Public Interest Disclosure
6
(Consequential Amendments) Act 2013.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
item 1
The later of:
(a) immediately after the commencement of
Schedule 1 to the Public Service
Amendment Act 2013; and
(b) the commencement of section 3 of the
Public Interest Disclosure Act 2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 1,
items 2 to 17
At the same time as section 3 of the Public
Interest Disclosure Act 2013 commences.
4. Schedule 1,
items 18 to 21
The later of:
(a) immediately after the commencement of
Parts 1 to 11 of Schedule 1 to the
Parliamentary Service Amendment Act
2013; and
(b) the commencement of section 3 of the
Public Interest Disclosure Act 2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 1,
items 22 to 25
The later of:
(a) immediately after the commencement of
Schedule 1 to the Public Service
Amendment Act 2013; and
(b) the commencement of section 3 of the
Public Interest Disclosure Act 2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedule 2
The later of:
Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
(a) immediately after the commencement of
Schedule 1 to the Public Service
Amendment Act 2013; and
(b) the commencement of section 3 of the
Public Interest Disclosure Act 2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Amendments
4 Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013
Schedule 1
--
Amendments
1
2
Australian Law Reform Commission Act 1996
3
1 Subsection 26(2A) (note)
4
Omit "or 16".
5
Inspector-General of Intelligence and Security Act 1986
6
2 Subsection 3(1)
7
Insert:
8
disclosable conduct has the same meaning as in the Public Interest
9
Disclosure Act 2013.
10
3 After section 8
11
Insert:
12
8A Public interest disclosure functions of Inspector-General
13
(1) If:
14
(a) a disclosure of information has been, or is required to be,
15
allocated under section 43 of the Public Interest Disclosure
16
Act 2013; and
17
(b) some or all of the disclosable conduct with which the
18
information is concerned relates (within the meaning of that
19
Act) to an intelligence agency;
20
to the extent that the conduct so relates, it is taken, for the purposes
21
of this Act, to be action that relates to the propriety of particular
22
activities of the intelligence agency.
23
Note:
The Inspector-General's functions under section 8 include inquiring
24
into the propriety of particular activities of intelligence agencies.
25
(2) However, in determining whether the Inspector-General is
26
authorised to inquire into the matter under section 8, disregard
27
subsection 8(4).
28
(3) For the purposes of the application of this Act to the action:
29
Amendments Schedule 1
Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013 5
(a) the conduct is to be treated as if it were action taken by the
1
intelligence agency; and
2
(b) a public official who belongs (within the meaning of the
3
Public Interest Disclosure Act 2013) to the intelligence
4
agency is taken to be a member of the intelligence agency;
5
and
6
(c) the person who disclosed the information is taken, if the
7
disclosure is allocated to the Inspector-General, to have made
8
a complaint to the Inspector-General in respect of the action.
9
(4) However, paragraph (3)(c) does not apply if:
10
(a) the person is not an Australian citizen or permanent resident,
11
and the intelligence agency is ASIS, DIGO or DSD; or
12
(b) the intelligence agency is DIO or ONA.
13
(5) It is immaterial whether the disclosable conduct occurred before or
14
after the commencement of this section.
15
4 Subsection 34(1)
16
After "powers under this Act", insert "or the Public Interest Disclosure
17
Act 2013".
18
5 Paragraph 34(5)(c)
19
Repeal the paragraph, substitute:
20
(c) if the information is obtained by the person because the
21
person is performing functions or duties or exercising powers
22
under this Act:
23
(i) unless subparagraph (ii) applies--for the purposes of
24
this Act; or
25
(ii) if the information is obtained for the purposes of an
26
investigation by the Inspector-General under the Public
27
Interest Disclosure Act 2013--for the purposes of that
28
Act; and
29
Ombudsman Act 1976
30
6 Subsection 3(1)
31
Insert:
32
Schedule 1 Amendments
6 Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013
Agency Head has the same meaning as in the Public Service Act
1
1999.
2
APS Code of Conduct means the rules in section 13 of the Public
3
Service Act 1999.
4
disclosable conduct has the same meaning as in the Public Interest
5
Disclosure Act 2013.
6
7 Subsection 3(1) (definition of Secretary)
7
Repeal the definition, substitute:
8
Secretary means:
9
(a) in relation to a Department--the person who is the Secretary
10
of the Department for the purposes of the Public Service Act
11
1999; or
12
(b) in relation to a Parliamentary Department--the person who is
13
the Secretary of the Parliamentary Department for the
14
purposes of the Parliamentary Service Act 1999.
15
8 After section 5
16
Insert:
17
5A Public interest disclosure functions of Ombudsman
18
(1) If:
19
(a) a disclosure of information has been, or is required to be,
20
allocated under section 43 of the Public Interest Disclosure
21
Act 2013; and
22
(b) some or all of the disclosable conduct with which the
23
information is concerned relates (within the meaning of that
24
Act) to an agency (within the meaning of that Act); and
25
(c) the agency is neither an intelligence agency (within the
26
meaning of that Act) nor the Inspector-General of
27
Intelligence and Security;
28
to the extent that the conduct so relates, it is taken, for the purposes
29
of this Act, to be action that relates to a matter of administration.
30
(2) For the purposes of the application of this Act to the action:
31
(a) the agency is taken to be a prescribed authority; and
32
Amendments Schedule 1
Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013 7
(b) the action is to be treated as if it were action taken by the
1
prescribed authority; and
2
(c) a public official who belongs (within the meaning of the
3
Public Interest Disclosure Act 2013) to the agency is taken to
4
be an officer of the prescribed authority; and
5
(d) the person who disclosed the information is taken, if the
6
disclosure is allocated to the Ombudsman, to have made a
7
complaint to the Ombudsman in respect of the action.
8
(3) It is immaterial whether the disclosable conduct occurred before or
9
after the commencement of this section.
10
9 After subsection 6(10)
11
Insert:
12
(11) In considering whether to make a decision under subsection (9)
13
relating to a complaint that includes an allegation of misconduct by
14
an Agency Head, the Ombudsman must consult with the Australian
15
Public Service Commissioner.
16
(11A) If the Ombudsman forms the opinion:
17
(a) that a complaint could have been made under the
18
Parliamentary Service Act 1999; and
19
(b) that the complaint could be more conveniently or effectively
20
dealt with by the Parliamentary Service Commissioner;
21
the Ombudsman may decide not to investigate the complaint, or
22
not to investigate the complaint further, as the case may be, and to
23
transfer the complaint to the Parliamentary Service Commissioner.
24
(11B) If the Ombudsman makes a decision under subsection (11A), the
25
Ombudsman must:
26
(a) transfer the complaint to the Parliamentary Service
27
Commissioner as soon as is reasonably practicable; and
28
(b) give the Parliamentary Service Commissioner any
29
information or documents relating to the complaint that are in
30
the possession, or under the control, of the Ombudsman; and
31
(c) as soon as is reasonably practicable, give the complainant
32
written notice that the complaint has been transferred to the
33
Parliamentary Service Commissioner.
34
(11C) In considering whether to make a decision under subsection (11A)
35
relating to a complaint that includes an allegation of misconduct by
36
Schedule 1 Amendments
8 Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013
the Secretary of a Parliamentary Department, the Ombudsman
1
must consult with the Parliamentary Service Commissioner.
2
10 Subsection 8(10)
3
Omit "becomes of the opinion", substitute "forms the opinion".
4
11 Paragraph 8(10)(a)
5
Omit "principal officer", substitute "Secretary".
6
12 At the end of paragraph 8(10)(a)
7
Add "or".
8
13 Paragraph 8(10)(b)
9
Omit "principal officer" (wherever occurring), substitute "Secretary".
10
14 After paragraph 8(10)(b)
11
Insert:
12
; or (ba) if the person is the Secretary of a Parliamentary
13
Department--the Presiding Officer or Presiding Officers
14
(within the meaning of the Parliamentary Service Act 1999)
15
in relation to the Parliamentary Department; or
16
(bb) if the person is an officer of a Parliamentary Department but
17
not the Secretary of that Parliamentary Department--the
18
Secretary of that Parliamentary Department; or
19
15 Paragraphs 8(10)(c) and (d)
20
After "prescribed authority", insert "(other than a Parliamentary
21
Department)".
22
16 After subsection 8(10)
23
Insert:
24
(10A) Without limiting subsection (10), if the Ombudsman forms the
25
opinion, either before or after completing an investigation under
26
this Act, that there is evidence that an Agency Head may have
27
breached the APS Code of Conduct, the Ombudsman must:
28
(a) unless the Agency Head is the Australian Public Service
29
Commissioner--bring the evidence to the notice of the
30
Australian Public Service Commissioner; or
31
Amendments Schedule 1
Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013 9
(b) if the Agency Head is the Australian Public Service
1
Commissioner--bring the evidence to the notice of the Merit
2
Protection Commissioner.
3
(10B) Without limiting subsection (10), if the Ombudsman forms the
4
opinion, either before or after completing an investigation under
5
this Act, that there is evidence that the Secretary of a Parliamentary
6
Department may have breached the Code of Conduct (within the
7
meaning of the Parliamentary Service Act 1999), the Ombudsman
8
must bring the evidence to the notice of the Parliamentary Service
9
Commissioner.
10
(10C) Without limiting subsection (10), if the Ombudsman forms the
11
opinion, either before or after completing an investigation under
12
this Act, that there is evidence that the Parliamentary Service
13
Commissioner may have breached the Code of Conduct (within the
14
meaning of the Parliamentary Service Act 1999), the Ombudsman
15
must bring the evidence to the notice of the Parliamentary Service
16
Merit Protection Commissioner.
17
17 Subsection 35(4)
18
After "grounds for the", insert "findings,".
19
Parliamentary Service Act 1999
20
18 Section 16
21
Repeal the section.
22
19 Subsection 20(4)
23
Omit "or 16".
24
20 Paragraph 40(1)(c)
25
Repeal the paragraph, substitute:
26
(c) to inquire, subject to the determinations, into public interest
27
disclosures (within the meaning of the Public Interest
28
Disclosure Act 2013), to the extent that the disclosures relate
29
to alleged breaches of the Code of Conduct;
30
21 Paragraph 48(1)(a)
31
Repeal the paragraph, substitute:
32
Schedule 1 Amendments
10 Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013
(a) to inquire, subject to the determinations, into public interest
1
disclosures (within the meaning of the Public Interest
2
Disclosure Act 2013), to the extent that the disclosures relate
3
to alleged breaches of the Code of Conduct;
4
Public Service Act 1999
5
22 Section 16
6
Repeal the section.
7
23 Section 19
8
Omit "or 16".
9
24 Paragraph 41(2)(o)
10
Repeal the paragraph, substitute:
11
(o) to inquire, subject to the regulations, into public interest
12
disclosures (within the meaning of the Public Interest
13
Disclosure Act 2013), to the extent that the disclosures relate
14
to alleged breaches of the Code of Conduct;
15
25 Paragraph 50(1)(a)
16
Repeal the paragraph, substitute:
17
(a) to inquire, subject to the regulations, into public interest
18
disclosures (within the meaning of the Public Interest
19
Disclosure Act 2013), to the extent that the disclosures relate
20
to alleged breaches of the Code of Conduct;
21
Transitional provisions Schedule 2
Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013 11
Schedule 2
--
Transitional provisions
1
2
1 Continued application of subsection 16(1) of the
3
Parliamentary Service Act 1999 in relation to reports of
4
breaches etc.
5
After the commencement of this item, subsection 16(1) of the
6
Parliamentary Service Act 1999 as in force immediately before that
7
commencement continues to apply in relation to any reports of breaches
8
(or alleged breaches) of the Code of Conduct that were made before that
9
commencement, as if the amendments and repeals made by this Act had
10
not been made.
11
2 Continued application of the Parliamentary Service Act
12
1999 in relation to whistleblower reports
13
(1)
After the commencement of this item:
14
(a) the Parliamentary Service Act 1999 as in force immediately
15
before that commencement; and
16
(b) procedures established under subsection 16(2) of that Act and
17
as in force immediately before that commencement; and
18
(c) determinations made for the purposes of subsection 16(3) of
19
that Act and as in force immediately before that
20
commencement;
21
continue to apply in relation to any reports of a kind referred to in
22
paragraph 16(2)(a) of that Act that were made before that
23
commencement, as if the amendments and repeals made by this Act had
24
not been made.
25
(2)
After the commencement of this item:
26
(a) the Parliamentary Service Act 1999 as in force immediately
27
before that commencement; and
28
(b) determinations made for the purposes of subsections 16(5)
29
and (6) of that Act and as in force immediately before that
30
commencement;
31
continue to apply in relation to any reports of a kind referred to in
32
paragraph 16(5)(a) of that Act that were made before that
33
commencement, as if the amendments and repeals made by this Act had
34
not been made.
35
Schedule 2 Transitional provisions
12 Public Interest Disclosure (Consequential Amendments) Bill 2013 No. , 2013
3 Continued application of subsection 16(1) of the Public
1
Service Act 1999 in relation to reports of breaches etc.
2
After the commencement of this item, subsection 16(1) of the Public
3
Service Act 1999 as in force immediately before that commencement
4
continues to apply in relation to any reports of breaches (or alleged
5
breaches) of the Code of Conduct that were made before that
6
commencement, as if the amendments and repeals made by this Act had
7
not been made.
8
4 Continued application of the Public Service Act 1999 in
9
relation to whistleblower reports
10
(1)
After the commencement of this item:
11
(a) the Public Service Act 1999 as in force immediately before
12
that commencement; and
13
(b) procedures established under subsection 16(2) of that Act and
14
as in force immediately before that commencement; and
15
(c) regulations made for the purposes of subsection 16(3) of that
16
Act and as in force immediately before that commencement;
17
continue to apply in relation to any reports of a kind referred to in
18
paragraph 16(2)(a) of that Act that were made before that
19
commencement, as if the amendments and repeals made by this Act had
20
not been made.
21
(2)
After the commencement of this item:
22
(a) the Public Service Act 1999 as in force immediately before
23
that commencement; and
24
(b) regulations made for the purposes of subsections 16(5) and
25
(6) of that Act and as in force immediately before that
26
commencement;
27
continue to apply in relation to any reports of a kind referred to in
28
paragraph 16(5)(a) of that Act that were made before that
29
commencement, as if the amendments and repeals made by this Act had
30
not been made.
31
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