Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope--disclosers
(1) This section applies in relation to a person (the discloser ) if:
(a) the discloser discloses information to an authorised officer of an agency (the recipient agency ); or
(b) the discloser discloses information to the discloser's supervisor, who then gives the information to an authorised officer of an agency (also the recipient agency ) under subsection 60A(3).
Scope--decisions and previous decisions
(2) This section applies in relation to a decision about the allocation of a disclosure if:
(a) a decision has not yet been made about the allocation; or
(b) in a case in which the disclosure had already been allocated--a decision is made under section 45 to reallocate the disclosure to one or more agencies (which may include an agency to which the disclosure had formerly been allocated).
Example: One situation in which a disclosure may be reallocated under section 45 is in response to a recommendation by the Ombudsman or the IGIS under section 55.
(3) An authorised officer of the recipient agency must:
(a) allocate the disclosure to one or more agencies (which may or may not be the recipient agency); or
(b) if subsection (4) applies--decide not to allocate the disclosure to any agency.
Note 1: The authorised officer who allocates a disclosure need not be the authorised officer to whom the disclosure was made or given.
Note 2: If the disclosure is subject to a stop action direction under the NACC Act, it cannot be allocated under this section (see subsections (11) and (12)).
(4) This subsection applies if the authorised officer is satisfied on reasonable grounds that:
(a) there is no reasonable basis on which the disclosure could be considered an internal disclosure (see section 26); or
(b) the conduct disclosed would be more appropriately investigated under another law or power.
(4A) However, the authorised officer cannot be satisfied under paragraph (4)(b) that the conduct disclosed would be more appropriately investigated under another law or power only because the conduct disclosed raises a corruption issue.
Note: Disclosures that raise a corruption issue can continue to be handled in accordance with this Part, subject to a stop action direction under the NACC Act. See section 39 (effect of referral on continued actions) of the National Anti - Corruption Commission Act 2022 .
(4B) To avoid doubt, if a disclosure includes information that tends to show (or that may tend to show) disclosable conduct, there might be a reasonable basis on which the disclosure could be considered to be an internal disclosure even if:
(a) the disclosure includes other information; and
(b) the other information tends to show (or may tend to show) personal work - related conduct.
Note: A disclosure may include information relating to a number of instances of conduct, some of which may be considered disclosable conduct, and some of which may not (for example, because that conduct is personal work - related conduct). Paragraph (4)(a) does not apply if one or more of those instances provide a reasonable basis on which the disclosure could be an internal disclosure under section 26.
Relevant considerations
(5) In making a decision under subsection (3) in relation to the allocation of a disclosure, the authorised officer must have regard to:
(a) the principle that an agency should not handle the disclosure unless one or more of the following circumstances apply:
(i) in any case--some or all of the conduct disclosed relates to the agency;
(ii) if the agency is the Ombudsman--some or all of the conduct disclosed relates to an agency other than an intelligence agency, or ACIC or the Australian Federal Police in relation to that agency's intelligence functions or the IGIS;
(iii) if the agency is the IGIS--some or all of the conduct disclosed relates to an intelligence agency, or ACIC or the Australian Federal Police in relation to that agency's intelligence functions;
(iv) if the agency is an investigative agency (other than the Ombudsman or the IGIS)--the investigative agency has power to investigate the disclosure otherwise than under this Act; and
(b) any other matters the authorised officer considers relevant, including:
(i) whether subsection (8) applies (which deals with the allocation of a disclosure within the same portfolio as the recipient agency); and
(ii) any recommendation of the Ombudsman or the IGIS under section 55 about the allocation of the disclosure.
(6) Before making the decision, the authorised officer must also consider whether the obligation in subsection 60(1) (which is about informing the discloser of certain matters) has been satisfied in relation to the disclosure.
Disclosures involving examiners of ACIC
(7) The authorised officer must not allocate a disclosure to the IGIS if the disclosure relates to action taken by an examiner of ACIC performing functions and exercising powers as an examiner.
Allocation to agency in same portfolio as the recipient agency
(8) Without limiting the powers of the authorised officer under this section, the authorised officer may allocate the disclosure to another agency in the same portfolio as the recipient agency (for example, the recipient agency's portfolio Department) if the authorised officer considers that the other agency would be better able to handle the disclosure.
Note: The disclosure cannot be allocated to an agency other than the recipient agency without the consent of the other agency, or (if the allocation is made by an authorised officer belonging to an investigative agency) consultation with the other agency: see subsection (9).
Agency consultation or consent
(9) The authorised officer may allocate the disclosure to an agency other than the recipient agency only if:
(a) in a case in which the authorised officer belongs to an investigative agency--the authorised officer has consulted with an authorised officer in the agency to which the disclosure is to be allocated; or
(b) in any other case--an authorised officer in the agency to which the disclosure is to be allocated has consented to the allocation.
Obtaining information
(10) For the purposes of making a decision about the allocation of the disclosure, the authorised officer may obtain information from such persons, and make such inquiries, as the authorised officer thinks fit.
Note: This subsection authorises an authorised officer to obtain information, and to make inquiries, only for the purposes of deciding to which agency (if any) a disclosure is to be allocated.
(11) The authorised officer must use the officer's best endeavours to make a decision about the allocation of the disclosure within 14 days after whichever of the following days applies:
(a) if no previous decision has been made about the allocation--the day the disclosure is made or given to an authorised officer;
(b) if the decision is made following the reconsideration of a previous decision about the allocation in response to a recommendation by the Ombudsman or the IGIS under section 55--the day the principal officer of the recipient agency receives the recommendation under that section;
(c) to the extent that a stop action direction under the NACC Act prevented the allocation of the disclosure--the day when the authorised officer becomes aware that the direction no longer applies.
Stop action direction under the NACC Act
(12) This section has effect subject to any stop action direction under the NACC Act.
Note: An authorised officer who is prevented from allocating a disclosure by such a direction must notify the Ombudsman or the IGIS, as relevant (see section 44B).