Commonwealth Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 50

  (1)   T he principal officer of the agency must, as soon as reasonably practicable, give written notice to the discloser of the following (whichever is applicable):

  (a)   that the principal officer is required to investigate the disclosure;

  (b)   that the principal officer has decided under section   48 or 49 not to investigate the disclosure under this Division, or not to investigate the disclosure further;

  (c)   that the principal officer cannot investigate, or further investigate, the disclosure because of a stop action direction under the NACC Act.

  (1A)   If paragraph   (1)(a) applies, the principal officer must give written notice to the discloser of the estimated length of the investigation.

  (2)   If paragraph   (1)(b) applies, the principal officer must give written notice to the discloser of:

  (a)   the reasons for the decision; and

  (b)   if the principal officer has taken action, or proposes to take action, under section   50AA in relation to the referral of the conduct disclosed for investigation under another law or power--details of the following:

  (i)   the other law or power;

  (ii)   the agency or other person or body to which the conduct has been, or is to be, referred;

  (iii)   the steps taken, or proposed to be taken, for the conduct to be referred or to facilitate its referral.

  (3)   Despite paragraph   (2)(a), the principal officer may delete from the reasons given to the discloser any reasons that would, if contained in a document, cause the document:

  (a)   to be exempt for the purposes of Part   IV of the Freedom of Information Act 1982 ; or

  (b)   to have, or be required to have, a national security or other protective security classification; or

  (c)   to contain intelligence information.

  (4)   The discloser may be notified of a matter under this section (other than subsection   (4A)) in the copy of the notice given to the discloser under subsection   44(4).

  (4A)   The principal officer must, as soon as reasonably practicable, give written notice to the discloser if the principal officer investigates, or further investigates, a disclosure that is no longer subject to a stop action direction under the NACC Act.

  (5)   This section does not apply if contacting the discloser is not reasonably practicable.