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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-02-15 Daily Xml
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Public Interest Disclosure Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 6, page 6, line 10 [clause 6(a)]—After 'information to a' insert 'journalist or a'

No. 2. Clause 9, page 8, after line 16—After subclause (3) insert:

(3a) Subject to this section (and without derogating from any other law imposing vicarious liability on a person for the acts and omissions of agents or employees of the person), the Crown is, for the purposes of this Act, vicariously liable for an act of victimisation by an agent or employee of a public sector agency committed while acting in the course of their agency or employment.

(3b) In proceedings brought against the Crown, in accordance with this section, in respect of an alleged act of victimisation by an agent or employee of a public sector agency, it is a defence to prove that the principal officer of the public sector agency took reasonable steps to ensure that the agent or employee would not act in contravention of this Act.

(3c) Without limiting subsection (3b), a defence is established under that subsection in relation to an alleged act of victimisation by an agent or employee of a public sector agency if the principal officer—

(a) had complied with section 12 and, in particular, had ensured that the document required under section 12(4) had been prepared and was being maintained at the relevant time; and

(b) had taken reasonable steps to implement and enforce that document, including by—

(i) taking reasonable steps to make the employees and agents of the public sector agency aware of the requirements under the document; and

(ii) ensuring that action required under the document was taken promptly and in an appropriate manner.

No. 3. Clause 9, page 8, line 17 [clause 9(4)]—After 'a person' insert '(not being the Crown)'

No. 4. Clause 9, page 8, after line 23—After subclause (5) insert:

(5a) A person who has made or who intends to make an appropriate disclosure of public interest information and who reasonably suspects that they will be subject to an act of victimisation by another person (the respondent) may apply to the Equal Opportunity Tribunal for an order requiring that the respondent refrain from the relevant act.

(5b) An order of the Equal Opportunity Tribunal under subsection (5a) is enforceable, and may be appealed against, as if it were an order of the Tribunal under section 96(1) of the Equal Opportunity Act 1984.

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