SLA tA, Re PEN ++ AUDAX : AT: FIDELIS ++ Queensland Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 Queensland Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 Contents Page 1 Shorttitle 2.0... eee 4 2 Commencement. ... 0.0... 500 cece eee eee 4 3 Actamended ........... 00sec cece teens 4 4 Amendment of s 10 (How must a public interest disclosure be made (pt 4)?) . 0... ee eee eee ee 4 5 Amendment of s 26 (Every public sector entity is an appropriate entity for certain things) ...............0..... 00 e eee eee 5 6 Amendment of s 27 (How to disclose to appropriate entity). .... 5 7 Amendment of s 28 (Disclosure may be referred to an appropriate entity) ........ 0... 0c eee eee 5 8 Insertion of new ss 28A-28B ..........0 0.00. eee eee eee 6 28A Disclosure received by member of Legislative Assembly may be referred ..............02.200. 6 28B Legislative Assembly may still deal with disclosure . . 6 9 Amendment of s 29 (Records must be kept of disclosures). .... 7 10 Amendment of s 30 (Units must report to Legislative Assembly on disclosures).......... 00.0 e cee eee cette teens 7 11 Amendment of s 31 (Minister must report to Legislative Assembly on Act's administration) ...............0.....00 8 12 Amendment of s 32 (Reasonable information about result of disclosure must be given to discloser or referring agency) ..... 8 13 Amendment of s 34 (Disclosures made administratively to or about a judicial officer) ............. 00. 8 14 Amendment of sch 5 (Sectional definitions)................. 8 15 Amendment of sch 6 (Dictionary)......................00. 9 A Bill for An Act to amend the Whistleblowers Protection Act 1994 Clause Clause Clause Clause 4 s4 Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 The Parliament of Queensland enacts— Short title This Act may be cited as the Whistleblowers (Disclosure to Member of Parliament) Amendment Act 2006. Commencement This Act commences on a day to be fixed by proclamation. Act amended This Act amends the Whistleblowers Protection Act 1994. Amendment of s 10 (How must a public interest disclosure be made (pt 4)?) (1) Section 10(1), after 'under the division' — insert— 'or to a member of the Legislative Assembly who may refer it to a public sector entity identified under the division'. (2) Section 10(2)(a), after 'made' — insert— 'or referred'. (3) Section 10(3), 'unit'— omit, insert— 'entity'. (4) Section 10(3)(b), after 'appropriate entity'— insert— ', if it is a public sector entity'. RW omrnNnI nn FW NK CO NY NR WY WY WN Fe © Clause Clause Clause s5 5 s7 Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 5 Amendment of s 26 (Every public sector entity is an appropriate entity for certain things) (1) Section 26, heading— omit, insert— '26 When public sector entity or member of Legislative Assembly is an appropriate entity'. (2) Section 26(2)— omit, insert— '"(1A) A member of the Legislative Assembly is an appropriate entity to receive any public interest disclosure. '(2) However, subsection (1)(c) or (1A) does not permit a public sector entity or member of the Legislative Assembly to receive a public interest disclosure if, apart from this section, the public sector entity or member would not be able to receive the disclosure because of division 4, 5 or 6.'. 6 Amendment of s 27 (How to disclose to appropriate entity) Section 27(3), after 'appropriate entity'-— insert— 'that is a public sector entity'. 7 Amendment of s 28 (Disclosure may be referred to an appropriate entity) (1) Section 28, heading— omit, insert— '28 Disclosure received by public sector entity may be referred'. (2) Before section 28(1)— insert— '(1A) This section applies if a public interest disclosure is received by an appropriate entity that is a public sector entity or is referred to the entity under section 28A.'. Co mMmAN AN FF WNKE nARWNrF CO Co Oona 22 24 26 28 30 s8 (3) 6 s8 Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 Section 28(1), 'a public interest disclosure received by an appropriate entity' — omit, insert— 'the public interest disclosure' . Clause 8 Insertion of new ss 28A-28B Part 4, division 2, after section 283— insert— '28A Disclosure received by member of Legislative Assembly may be referred '(D) (2) '3) If a member of the Legislative Assembly receives a disclosure, the member may refer the disclosure to another appropriate entity that is a public sector entity which the member considers has power to investigate or remedy the conduct the subject of the disclosure. For the purposes of this Act, the member has no role in investigating the disclosure. In this section— disclosure means a public interest disclosure or purported public interest disclosure. '28B Legislative Assembly may still deal with disclosure '(D) (2) This Act does not limit the powers, rights and immunities of the Legislative Assembly and its members and committees in relation to a disclosure received by a member. In this section— committee means a committee of the Legislative Assembly, whether or not a statutory committee. disclosure means a public interest disclosure or purported public interest disclosure. member means a member of the Legislative Assembly. rights includes privileges. '. BW NF omArninan om NY AUN BWNRK CO 2226 28 30 s9 Clause 9 Clause 10 7 s10 Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 Amendment of s 29 (Records must be kept of disclosures) (1) Section 29— insert— '(4) The chief executive officer of a public sector entity must also ensure that a proper record is kept about each disclosure referred to the public sector entity under section 28A, including— (a) the name of the person making the disclosure, if known; and (b) the information disclosed; and (c) the name of the member of the Legislative Assembly who referred the disclosure; and (d) any action taken on the disclosure.'. (2) Section 29(1)— relocate and renumber as section 29(5). (3) Section 29(2) to (5)— renumber as section 29(1) to (4). Amendment of s 30 (Units must report to Legislative Assembly on disclosures) (1) Section 30(2)(a), after 'it'— insert— ', or referred to it under section 28A,'. (2) Section 30(2)(b), after 'received' — insert— ', or referred under section 28A,'. (3) Section 30(1)— relocate and renumber as section 30(3). (4) Section 30(2) and (3)— renumber as section 30(1) and (2). CO OINDN HW Ne onan nk WN KF CO 21 23252729 Clause Clause Clause Clause sll 8 s14 Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 11 Amendment of s 31 (Minister must report to Legislative Assembly on Act's administration) (1) Section 31(1)— relocate and renumber as section 31(5). (2) Section 30(2) to (5)— renumber as section 31(1) to (4). 12 Amendment of s 32 (Reasonable information about result of disclosure must be given to discloser or referring agency) (1) Section 32, heading, 'referring agency'— omit, insert— 'referring entity'. (2) Section 32(1)— omit, insert— '(1)_ If asked by a person who makes a public interest disclosure to it or by an entity that has referred a public interest disclosure to it under section 28 or 28A, an appropriate entity must give the person or the referring entity reasonable information about action taken on the disclosure and the results.'. 13 Amendment of s 34 (Disclosures made administratively to or about a judicial officer) Section 34(7), after 'appropriate entity'-— insert— 'that is a public sector entity'. 14 Amendment of sch 5 (Sectional definitions) Schedule 5, section 1(1), after 'appropriate entity' — insert— 'that is a public sector entity'. Dn nn FW Ne 'oon COmMAINIDN PWN KF CO 22 24 2628 s15 9 s15 Whistleblowers (Disclosure to Member of Parliament) Amendment Bill 2006 Clause 15 Amendment of sch 6 (Dictionary) (1) Schedule 6, definition appropriate entity— omit, insert— 'appropriate entity means— (a) a public sector entity to which a public interest disclosure may be made under section 26 or referred under section 28 or 28A; or (b) amember of the Legislative Assembly.'. (2) Schedule 6, definition officer— insert— Co WANIDN FWY '(ba) without limiting paragraph (b), an individual engaged by the public sector entity under a contract of service; and'. (3) Schedule 6, definition officer, paragraphs (ba) and (c)— renumber as paragraphs (c) and (d). (4) Schedule 6, definition public officer, paragraph (b)— omit, insert— '(b) amember of the Legislative Assembly, but only— (i) to allow a member of the Legislative Assembly to make a public interest disclosure; or om NADU FW NF CO NX So (ii) for the purposes of sections 55 and 57.'. N — © State of Queensland 2006