Public Interest Disclosure Act 2013 (Cth)

Public Interest Disclosure Act 2013

No. 133, 2013

Compilation No. 19

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Public Interest Disclosure Act 2013 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Introduction Division 1—Preliminary matters 1 Short title 2 Commencement 3 Crown to be bound 4 Extension to external Territories 5 Extension to things outside Australia Division 2—Objects 6 Objects Division 3—Overview 7 Simplified outline of this Act 7A Role of the Ombudsman under the Ombudsman Act 1976 7B Role of the IGIS under the Inspector‑General of Intelligence and Security Act 1986 Division 4—Definitions 8 Definitions Part 2—Protection of disclosers and witnesses Division 1—Protections 9 Simplified outline Subdivision A—Immunity from liability 10 Protection of disclosers 11 Liability for false or misleading statements etc. unaffected 11A Designated publication restrictions 12 Discloser's liability for own conduct not affected 12A Witnesses—immunity from liability etc. 12B Witnesses—exceptions to immunities Subdivision B—Protection from reprisals 13 What constitutes taking a reprisal 14 Compensation 15 Injunctions, apologies and other orders 16 Reinstatement 17 Multiple orders 18 Costs only if proceedings instituted vexatiously etc. 19 Reprisals in relation to disclosures—offences 19A Interaction between civil remedies and offences Subdivision C—Protecting the identity of disclosers 20 Disclosure or use of identifying information 21 Identifying information not to be disclosed etc. to courts or tribunals Subdivision D—Interaction with the Fair Work Act 2009 22 Interaction with protections under Part 3‑1 of the Fair Work Act 2009 22A Interaction with remedies under the Fair Work Act 2009 Subdivision E—Miscellaneous 23 Claims for protection 24 Protections have effect despite other Commonwealth laws Division 2—Public interest disclosures 25 Simplified outline Subdivision A—Public interest disclosures 26 Meaning of public interest disclosure 27 Associated allegations 28 How a public interest disclosure may be made Subdivision B—Disclosable conduct 29 Meaning of disclosable conduct 29A Meaning of personal work‑related conduct 30 Officers or employees of a contracted service provider 31 Disagreements with government policies etc. 32 Conduct connected with courts or Commonwealth tribunals 33 Conduct connected with intelligence agencies Subdivision C—Internal disclosures: authorised internal recipients 34 Meaning of authorised internal recipient 35 When conduct relates to an agency 36 Meaning of authorised officer Subdivision D—Intelligence information 41 Meaning of intelligence information Part 3—Investigations Division 1—Allocating the handling of disclosures 42 Simplified outline 43 Allocation of disclosure—decision by authorised officer 44 Allocation of disclosure—notice of decision to allocate 44A Allocation of disclosure—decision not to allocate 44B Non‑allocation of disclosure subject to stop action direction under the NACC Act 45 Reallocation of disclosures 45A Conduct related to intelligence agencies and agencies with intelligence functions—notice to the IGIS Division 2—The obligation to investigate disclosures 46 Simplified outline 47 Principal officer must investigate disclosures 48 Discretion not to investigate 49 Investigative agency using separate investigative powers 50 Notification to discloser 50AA Decision not to investigate—referral for investigation under another law or power 50A Notification to Ombudsman or IGIS about investigation 51 Report of investigation 52 Time limit for investigations under this Division 53 Conduct of investigations under this Division 54 Adoption of findings of another investigation Division 3—Miscellaneous 55 The Ombudsman and the IGIS—recommendations 56 Disclosure to a member of an Australian police force Part 4—Administrative matters Division 1—Additional obligations and functions 58 Simplified outline 59 Additional obligations of principal officers 60 Additional obligations of authorised officers 60A Additional obligations of supervisors 61 Additional obligations of public officials 62 Additional functions of the Ombudsman 63 Additional functions of the IGIS Division 2—Treatment of information 64 Simplified outline of this Division 65 Sharing information and documents between agencies 67 Secrecy—legal practitioners Division 3—Officials and agencies 68 Simplified outline Subdivision A—Public officials 69 Public officials 70 Individuals taken to be public officials Subdivision B—Agencies and prescribed authorities 71 Meaning of agency 72 Meaning of prescribed authority Subdivision C—Principal officers 73 Meaning of principal officer Subdivision D—Machinery of government changes 73A Scope of Subdivision 73B Machinery of government changes—conduct relating to affected agency 73C Machinery of government changes—disclosures made before change 73D Machinery of government changes—information transfer Part 5—Miscellaneous 74 Ombudsman may determine standards 75 Restriction on the application of secrecy provisions 76 Annual reports by the Ombudsman 76A Six‑monthly reports by the Ombudsman 77 Delegations 78 Liability for acts and omissions 79 Concurrent operation of State and Territory laws 80 Law relating to legal professional privilege not affected 82 Other investigative powers etc. not affected 82A Review of operation of Act 83 The PID rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history