Public Interest Disclosures Act 2022 (NSW)

Public Interest Disclosures Act 2022 No 14

An Act to provide for the protection of persons who make public interest disclosures and for making and dealing with the disclosures; to repeal the Public Interest Disclosures Act 1994 and the Public Interest Disclosures Regulation 2011; to make related amendments to certain legislation; and for related purposes.

Part 1 Introduction

Division 1 Preliminary

1 Name of Act This Act is the Public Interest Disclosures Act 2022.

2 Commencement This Act commences on— (a) the day that is 18 months after the date of assent, or (b) an earlier day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to facilitate the disclosure by public officials of serious wrongdoing in or affecting the public sector, (b) to promote a culture in which public interest disclosures are encouraged, (c) to protect public officials, witnesses and other persons from detriment or liability that might arise as a result of public interest disclosures, (d) to provide for the establishment and publication of policies and procedures for receiving and dealing with disclosures that are or may be voluntary public interest disclosures, (e) to ensure the interests of all persons affected by public interest disclosures are taken into account in dealing with the disclosures, (f) to provide for independent oversight of the public interest disclosure scheme established by this Act.

4 Act binds Crown This Act binds the Crown.

5 Definitions The Dictionary in Schedule 2 defines words used in this Act.

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

6 Legal personality and responsibilities of agency head (1) If this Act confers or imposes a function on an agency or entity that the agency or entity is incapable of exercising merely because the agency or entity is not a person, the function is taken to be conferred or imposed on the head of the agency or entity.