public-interest-disclosure-act-2013.pdf, p.7
1 Short title
Defines sections and table of contents for the Act.
1 Section 1
Defines temporal intervals for section commencement.
public-interest-disclosure-act-2013.pdf, p.118
1 July 2015 (s 2(1)
public-interest-disclosure-act-2013.pdf, p.119
1 July 2016 (s 2(1)
1 Mar 2021
1 Sept 2021 (s 2(1)
public-interest-disclosure-act-2013.pdf, p.24
10 Protection of disclosers
public-interest-disclosure-act-2013.pdf, p.117
Legislation history for Public Interest Disclosure Act 2013
10 Sept
Conditional commencement of National Security Legislation Amendment Act 2014
Conditional commencement of Civil Law and Justice (Omnibus Amendments) Act 2015
Consequential Amendments and Transitional Provisions
10 Dec
Protection of disclosers from civil, criminal or administrative liability
10(1) Protection of disclosers
Protection from liability implies obligation
(making a public interest disclosure) -> (not subject to civil, criminal or administrative liability)
(making a public interest disclosure) -> (no contractual or other remedy may be enforced)
(making a public interest disclosure) -> (no contractual or other right may be exercised)
Protection of disclosers from contract termination
10(2) Protection of disclosers
Absolute privilege in defamation proceedings
11 Liability for false or misleading statements etc. unaffected
public-interest-disclosure-act-2013.pdf, p.120
Members of Parliament (Staff) Amendment Act 2023
11 Aug
No liability for knowingly making false or misleading statements
11(1) Liability for false or misleading statements etc. unaffected
Obligation to not make false or misleading statements
Prohibition on making false or misleading statements
Section 10 does not apply to liability for an offence against certain sections of the Criminal Code.
11(2) Liability for false or misleading statements etc. unaffected
Disclosure contravening designated publication restriction is prohibited if person making disclosure knows of the contravention and lacks reasonable excuse.
11A Designated publication restrictions
Disclosure occurs within the same temporal interval as the designated publication restriction.
Disclosure must occur within the same temporal interval as the designated publication restriction
Person making disclosure knows that the disclosure contravenes the designated publication restriction and does not have a reasonable excuse for that contravention.
Disclosure is inferentially linked to the designated publication restriction.
Disclosure must be inferentially linked to the designated publication restriction if person making disclosure knows of the contravention and lacks reasonable excuse
Prohibition of disclosure contravening designated publication restriction
Person making disclosure knows of the contravention and lacks reasonable excuse.
Disclosure diffuses to all relevant parties.
Disclosure must diffuse to all relevant parties if person making disclosure knows of the contravention and lacks reasonable excuse
Disclosure must be recurrent if person making disclosure knows of the contravention and lacks reasonable excuse
public-interest-disclosure-act-2013.pdf, p.25
Discloser's liability for own conduct not affected
12 Discloser’s liability for own conduct not affected
Repeal of certain items in Schedule 1 before commencement.
12 Dec
Obligation persists regardless of disclosure.
Disclosure does not affect liability for conduct.
Continuity of obligation in context of disclosure
Disclosure does not affect individual's liability for conduct.
12A Witnesses—immunity from liability etc.
Witnesses must provide assistance in relation to a public interest disclosure.
12A(1) Witnesses—immunity from liability etc.
Immunity from civil, criminal or administrative action for providing assistance in relation to a public interest disclosure.
12A(2) Witnesses—immunity from liability etc.
Imposes an obligation on the state to provide immunity.
Witnesses are not subject to civil, criminal or administrative liability for assistance provided.
12A(3) Witnesses—immunity from liability etc.
Assistance provides immunity from liability.
No contractual remedy may be enforced against the witness.
12A(4) Witnesses—immunity from liability etc.
Prohibits enforcement of contractual remedy
public-interest-disclosure-act-2013.pdf, p.26
12B Witnesses—exceptions to immunities
Individuals providing assistance in public interest disclosures must not make false or misleading statements.
12B(1) Witnesses—exceptions to immunities
Prohibition on knowingly making false or misleading statements
12B(2) Witnesses—exceptions to immunities
Prohibits knowingly making false or misleading statements
Section 12A does not apply to the liability of a witness for an offence against certain sections of the Criminal Code.
12B(3) Witnesses—exceptions to immunities
The section number overlaps with the Criminal Code.
The designated publication restrictions imply that section 12A is excluded from applying to the liability of a witness for an offence against certain sections of the Criminal Code.
Section 12A is excluded from applying to the liability of a witness for an offence against certain sections of the Criminal Code.
The liability of a witness for an offence against certain sections of the Criminal Code implies that section 12A does not apply.
The section number repeats in the Criminal Code.
Prohibition on contravening a designated publication restriction
12B(4) Witnesses—exceptions to immunities
Forbids contravening a designated publication restriction
Witnesses' liability for conduct not affected by section 12A
12B(5) Witnesses—exceptions to immunities
Section 12A and witnesses' liability for conduct overlap in time
Assistance provided relates to witness's conduct
Witnesses' conduct is a separate issue from section 12A using AI
Witnesses' conduct classified as a separate issue from section 12A using AI
Section 12A does not affect witness's liability for conduct
If assistance relates to witness's conduct, then section 12A does not affect liability.
Section 12A spreads to witnesses' liability for conduct
Section 12A repeats witnesses' liability for conduct
Witnesses' liability for conduct repeated by section 12A
public-interest-disclosure-act-2013.pdf, p.27
13 What constitutes taking a reprisal
Conditional commencement of Schedule 2 (items 7-9), Schedule 7
13 Apr
Public Interest Disclosure Act 2015 commencement
13 Oct
Taking a reprisal against another person is prohibited.
13(1) What constitutes taking a reprisal
The engagement occurs before the belief or suspicion of the second person making a public interest disclosure.
Temporal relation between engagement and reprisal
When the conduct is engaged in, the first person believes or suspects that the second person has made a public interest disclosure
If the first person engages in conduct resulting in detriment to another person, then taking a reprisal is prohibited.
The first person engages in conduct that results in detriment to the second person
The first person is a person who has engaged in conduct resulting in detriment to another person and believes or suspects that the other person has made a public interest disclosure.
Classification of persons against whom reprisal may be taken based on conduct and belief
The first person engages in conduct that results in detriment to the second person and believes or suspects that the second person has made a public interest disclosure
Engaging in conduct that results in detriment to another person
If the first person believes or suspects that the second person has made a public interest disclosure, then taking a reprisal is prohibited.
Propagation of prohibition through engagement and belief
The first person believes or suspects that the second person has made a public interest disclosure
List of detrimental actions against an employee
13(2) What constitutes taking a reprisal
public-interest-disclosure-act-2013.pdf, p.28
14 Compensation
Amendment by Acts and Instruments (Framework Reform) (Consequential Provisions) Act
14 Apr 2015 (s 2)
public-interest-disclosure-act-2013.pdf, p.121
Conditional commencement of the National Intelligence Community Act 2025
Compensation for reprisal against an applicant
14(1) Compensation
Federal Court must not make an order under paragraph (1)(b) if the respondent's employer establishes that it took reasonable precautions and exercised due diligence to avoid reprisal.
14(2) Compensation
The respondent's employer establishes that it took reasonable precautions within the timeframe of the reprisal
(2) The Federal Court or Federal Circuit and Family Court of Australia (Division 2) must not make an order under paragraph (1)(b)
The respondent's employer establishes that it took reasonable precautions and exercised due diligence to avoid reprisal.
Prohibition on making an order under paragraph (1)(b)
The respondent's employer establishes that it took reasonable precautions and exercised due diligence to avoid reprisal in a recurring manner
14(3) Compensation
...the respondent and the respondent’s employer are jointly and severally liable to pay the compensation concerned.
(3) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) makes an order...
Knowledge graph representation of liability
15 July 2013
15 January 2014
public-interest-disclosure-act-2013.pdf, p.29
15 Injunctions, apologies and other orders
Restraining respondent from taking reprisal or requiring them to do something.
15(1) Injunctions, apologies and other orders
Prohibits respondent from taking reprisal.
Prohibits aiding, abetting, counselling, or procuring conduct against an applicant.
15(2) Injunctions, apologies and other orders
...the Court may make any other orders (including granting an injunction)...
(2) If the Federal Court or Federal Circuit and Family Court of Australia...
(2) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power...
(a) aided, abetted, counselled or procured the conduct against the applicant;
Prohibits inducing conduct against an applicant.
(b) induced the conduct against the applicant, whether through threats or promises or otherwise;
15 July
public-interest-disclosure-act-2013.pdf, p.30
Reinstatement obligation for applicant if respondent takes reprisal against them.
16 Reinstatement
The applicant must be reinstated if the reprisal occurred during employment.
Reinstatement is contingent on reprisal during employment.
The applicant was employed by the respondent.
The respondent has the property of reinstating the applicant.
Reinstatement is a property of the respondent's actions.
The respondent has taken reprisal against the applicant.
Obligation to reinstate applicant if conditions are met.
The applicant must be reinstated if the conditions are met.
Reinstatement is contingent on specific conditions being met.
The applicant must be reinstated if the reprisal terminates.
Reinstatement is contingent on termination of reprisal.
The respondent has terminated the applicant's employment.
May make orders under sections 14, 15 and 16 in respect of the same conduct.
17 Multiple orders
18 Costs only if proceedings instituted vexatiously etc.
18 June 2015 (s 2(1)
18 Mar
18(1) Costs only if proceedings instituted vexatiously etc.
Prohibition on ordering costs in vexatious proceedings
Pay costs only if instituted vexatiously or without reasonable cause.
18(2) Costs only if proceedings instituted vexatiously etc.
Instituting proceedings vexatiously or without reasonable cause
public-interest-disclosure-act-2013.pdf, p.31
19 Reprisals in relation to disclosures—offences
Conditional commencement of Public Interest Disclosure Amendment (Review) Act 2023
19 June
The commencement of this Act is 1 July 2023
Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023
19 Sept
Taking a reprisal—by a threat to cause detriment is prohibited.
19(1) Reprisals in relation to disclosures—offences
Prohibition of taking a reprisal—by a threat to cause detriment.
(1) A person (the first person) commits an offence in relation to another person (the second person)...
Reckless conduct towards a person who has made or may have made a public interest disclosure.
19(2) Reprisals in relation to disclosures—offences
The temporal relation between conduct and threat is necessary for liability.
Temporal relation between conduct and threat is necessary for liability.
(b) engaging in the conduct consists of, or results in, a threat to cause detriment to the second person;
The first person commits an offence if they engage in reckless conduct.
(a) the first person engages in conduct; and (b) engaging in the conduct consists of, or results in, a threat to cause detriment to the second person;
The first person's belief or suspicion of a public interest disclosure is an obligation.
Engaging in conduct with reckless disregard is an obligation.
(d) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person: (i) has made a public interest disclosure; or (ii) may have made a public interest disclosure;
The recurring trace of conduct towards persons who have made or may make public interest disclosures is necessary for liability.
Recurring trace of conduct towards persons who have made or may make public interest disclosures is necessary for liability.
public-interest-disclosure-act-2013.pdf, p.33
A person may bring proceedings under sections 14, 15 or 16 in relation to a reprisal even if prosecution for an offence against section 19 has not been brought.
19A Interaction between civil remedies and offences
2 Commencement
2 Section 2
2 Oct 2014
2 Dec 2015
20 Disclosure or use of identifying information
20 Sept
Disclosing identifying information after a public interest disclosure is prohibited.
20(1) Disclosure or use of identifying information
Disclosing information that enables the identification of the second person is prohibited.
Prohibition of disclosing identifying information after a public interest disclosure.
(a) another person (the second person) has made a public interest disclosure;
Using disclosing identifying information after a public interest disclosure is prohibited.
Prohibition of using disclosing identifying information after a public interest disclosure.
(c) the disclosure is to a person other than the second person.
Imprisonment for using disclosing identifying information after a public interest disclosure is prohibited.
Prohibition of imprisonment for using disclosing identifying information after a public interest disclosure.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
Using identifying information after a public interest disclosure is prohibited.
Prohibition of using identifying information after a public interest disclosure.
Using identifying information is prohibited.
20(2) Disclosure or use of identifying information
Prohibition of using identifying information.
public-interest-disclosure-act-2013.pdf, p.35
Public officials cannot disclose identifying information to courts or tribunals.
21 Identifying information not to be disclosed etc. to courts or
Prohibits disclosure of identifying information.
Part 3-1 of the Fair Work Act applies to public interest disclosure by a public official.
22 Interaction with protections under Part 3-1 of the Fair Work Act
Prohibition on making applications for certain orders in Federal Court or Family Court of Australia.
22A Interaction with remedies under the Fair Work Act 2009
...to particular conduct if another application has been made...
Prohibition on making applications for certain orders.
(1) A person is not entitled to make an application...
public-interest-disclosure-act-2013.pdf, p.36
23 Claims for protection
Individual bears onus of adducing evidence, party instituting proceedings bears onus of proving claim is not made out.
23(1) Claims for protection
Individual bears obligation to adduce evidence.
Right not to be compelled to give evidence under section 126K of the Evidence Act 1995.
23(2) Claims for protection
public-interest-disclosure-act-2013.pdf, p.37
Protections have effect despite other Commonwealth laws
24 Protections have effect despite other Commonwealth laws
public-interest-disclosure-act-2013.pdf, p.38
A public interest disclosure is a disclosure of information that meets certain criteria.
25 Simplified outline
The provision imposes an obligation on public officials.
public-interest-disclosure-act-2013.pdf, p.39
Disclosure of information is a public interest disclosure if certain conditions are met.
26 Meaning of public interest disclosure
26 May
Permits item 38 of Schedule 8 and item 9 of Schedule 9.
(b) On a previous occasion, the discloser made an internal disclosure of information that consisted of, or included...
(a) The information tends to show, or the discloser believes on reasonable grounds that the information tends to...
Knowledge representation of disclosures and recipients
(b) The recipient of the information is a person of the kind referred to in column 2...
(1) A disclosure of information is a public interest disclosure...
Classification of disclosures into internal and external
Item Column 1 Type of disclosure Column 2 Recipient Column 3 Further requirements...
Propagation of obligations through disclosures
public-interest-disclosure-act-2013.pdf, p.44
Allegations of disclosable conduct must be made in conjunction with a public interest disclosure.
27 Associated allegations
Information about the amalgamation of tribunals
Must provide allegations of disclosable conduct with a public interest disclosure.
28 How a public interest disclosure may be made
28 July 2015 (s 2(1)
A public interest disclosure may be made orally or in writing.
28(1) How a public interest disclosure may be made
Anonymous public interest disclosure allowed
28(2) How a public interest disclosure may be made
A public interest disclosure may be made without asserting that the disclosure is made for the purposes of this Act.
28(3) How a public interest disclosure may be made
Permission to make a public interest disclosure without asserting purpose.
Exemption from section 28(4) for NACC disclosures
28(4) How a public interest disclosure may be made
Disclosable conduct includes various types of misconduct and abuse of public trust.
29 Meaning of disclosable conduct
Consequential and Transitional Provisions
29 Nov
Includes conduct resulting in wastage of resources.
(a) Relevant money (within the meaning...)
(d) Conduct that is an abuse of public trust.
Includes fabrication, falsification, plagiarism, or deception.
(i) Fabrication, falsification, plagiarism, or deception...
Includes misconduct relating to scientific analysis.
(b) Misconduct relating to scientific analysis...
public-interest-disclosure-act-2013.pdf, p.47
Public officials must not engage in personal work-related conduct that has implications for another official.
29A Meaning of personal work-related conduct
Personal work-related conduct overlaps with the second official's employment or functions.
The second official's employment or functions are relevant to personal work-related conduct.
Personal work-related conduct is prohibited.
Prohibits personal work-related conduct.
Public officials must not engage in conduct that has implications for another official.
Public officials have an obligation to avoid personal work-related conduct.
Imposes an obligation on public officials to avoid personal work-related conduct.
Bullying or harassment is prohibited as personal work-related conduct.
Prohibits bullying or harassment as personal work-related conduct.
Bullying or harassment is an example of personal work-related conduct.
The transfer or promotion of another official is prohibited as personal work-related conduct.
Prohibits the transfer or promotion of another official as personal work-related conduct.
The transfer or promotion of another official is an example of personal work-related conduct.
public-interest-disclosure-act-2013.pdf, p.8
3 Crown to be bound
3 Sept
Classifies legislative provisions into a deontic model
3(1) Crown to be bound
(1) This Act binds the Crown in each of its capacities.
The Crown is not liable to a pecuniary penalty or prosecution for an offence.
3(2) Crown to be bound
The Crown is not liable to a pecuniary penalty or prosecution for an offence during this period.
The Crown's liability ends when the Act comes into force.
The Crown's liability can be determined using AI algorithms.
The Crown cannot be prosecuted for an offence.
The Crown is not liable to a pecuniary penalty.
public-interest-disclosure-act-2013.pdf, p.48
30 Officers or employees of a contracted service provider
30 June
Public official not engaging in conduct unrelated to contract
30(1) Officers or employees of a contracted service provider
the individual does not engage in conduct in connection with his or her position as such a public official unless the conduct is in connection with entering into, or giving effect to, the contract.
(b) provides services for the purposes (whether direct or indirect) of the Commonwealth contract;
(a) is an officer or employee of a contracted service provider for a Commonwealth contract;
A contracted service provider for a Commonwealth contract is responsible for the provision of goods or services.
30(2) Officers or employees of a contracted service provider
The temporal scope of a contracted service provider's responsibility is during the duration of the contract.
Temporal scope of a contracted service provider's responsibility
A person who is responsible for the provision of goods or services under the Commonwealth contract is also responsible during the duration of the contract.
The consequence of a contracted service provider's responsibility is that they must provide goods or services.
Consequence of a contracted service provider's responsibility
If a person is responsible for the provision of goods or services under the Commonwealth contract, then they must provide those goods or services.
A contracted service provider is defined as someone who is responsible for the provision of goods or services.
Definition of a contracted service provider
A person is a contracted service provider if they are responsible for the provision of goods or services.
The mandatory nature of a contracted service provider's responsibility is to provide goods or services.
Mandatory nature of a contracted service provider's responsibility
A person who is responsible for the provision of goods or services under the Commonwealth contract must provide those goods or services.
The global applicability of a contracted service provider's responsibility is everywhere during the duration of the contract.
Global applicability of a contracted service provider's responsibility
A person who is responsible for the provision of goods or services under the Commonwealth contract is also responsible everywhere during the duration of the contract.
A Commonwealth contract is a contract to which the Commonwealth or an agency is a party.
30(3) Officers or employees of a contracted service provider
Exempts Commonwealth contracts from grants covered by instruments under section 105C of the Public Governance, Performance and Accountability Act 2013.
30(4) Officers or employees of a contracted service provider
A grant covered by an instrument made under section 105C does not apply to a Commonwealth contract at any time.
Grants under section 105C are excluded from the temporal scope of Commonwealth contracts.
Section 105C of the Public Governance, Performance and Accountability Act 2013
No grant covered by an instrument made under section 105C applies to a Commonwealth contract.
Grants under section 105C are excluded from Commonwealth contracts.
public-interest-disclosure-act-2013.pdf, p.49
Disagreements with government policies etc.
31 Disagreements with government policies etc.
31 May
Exempts conduct from disclosure if related to government policy or action
Conduct of judicial officers and certain court staff is not disclosable conduct.
32 Conduct connected with courts or Commonwealth tribunals
public-interest-disclosure-act-2013.pdf, p.51
Conduct connected with intelligence agencies is not disclosable if it is part of proper performance or exercise of powers.
33 Conduct connected with intelligence agencies
Defines who is an authorized internal recipient of a disclosure.
34 Meaning of authorised internal recipient
public-interest-disclosure-act-2013.pdf, p.53
35 When conduct relates to an agency
Agency conduct is considered conduct if an agency or public official engages in it.
35(1) When conduct relates to an agency
Conduct by unincorporated subsidiary agencies is also considered conduct.
Conduct by unincorporated subsidiary agencies
(1) Conduct relates to an agency if the agency, or a public official belonging to the agency at the time of the conduct, engages in the conduct.
Agency conduct is attributed to parent agency when subsidiary agency is established.
35(2) When conduct relates to an agency
...conduct that would, apart from this subsection, relate to the subsidiary agency...
Agency conduct is attributed to parent agency.
public-interest-disclosure-act-2013.pdf, p.54
Defines an authorised officer for an agency.
36 Meaning of authorised officer
...the principal officer of the agency; or a public official...
Identifies the principal officer or appointed public official.
public-interest-disclosure-act-2013.pdf, p.1
Compilation information and notes on amendments.
4 June 2026
The Act extends to every external Territory.
4 Extension to external Territories
4 Dec 2025
4 June 2026 (s 2(1)
Classifies the text as a compilation of the Public Interest Disclosure Act 2013.
The text is classified as a compilation.
41 Meaning of intelligence information
41(1) Meaning of intelligence information
Sensitive law enforcement information means information that disclosure is reasonably likely to prejudice Australia's law enforcement interests.
41(2) Meaning of intelligence information
Describes a temporal relationship between sensitive law enforcement information and Australia's law enforcement interests.
(2) Sensitive law enforcement information means information the disclosure of which is reasonably likely to prejudice Australia’s law enforcement interests, including Australia’s interests in the following:
Describes how sensitive law enforcement information can be recognized by artificial agents.
Imposes a duty on the State to protect Australia's law enforcement interests.
Defines a class of sensitive law enforcement information.
Describes how sensitive law enforcement information affects Australia's law enforcement interests.
public-interest-disclosure-act-2013.pdf, p.57
Disclosure must be made to an authorised officer or a supervisor for it to be considered internal.
42 Simplified outline
Must provide disclosure to an authorised officer or supervisor.
Discloser must disclose information to an authorised officer of an agency.
43 Allocation of disclosure—decision by authorised officer
public-interest-disclosure-act-2013.pdf, p.62
44 Allocation of disclosure—notice of decision to allocate
Notice of decision to allocate a disclosure to an agency.
44(1) Allocation of disclosure—notice of decision to allocate
Authorised officer must provide written notice to persons and agencies covered by subsection (3) of this section.
44(2) Allocation of disclosure—notice of decision to allocate
Notice of decision to allocate disclosure must be given to certain persons and agencies.
44(3) Allocation of disclosure—notice of decision to allocate
Notice of decision to allocate disclosure is contained in this subsection.
(3) This subsection covers the following persons and agencies:
Must provide notice of decision to allocate disclosure.
Must provide notice to discloser upon allocation decision.
44(4) Allocation of disclosure—notice of decision to allocate
public-interest-disclosure-act-2013.pdf, p.63
44A Allocation of disclosure—decision not to allocate
Decision not to allocate disclosure under paragraph 43(3)(b)
44A(1) Allocation of disclosure—decision not to allocate
Authorised officer must refer conduct for investigation under another law or power.
44A(2) Allocation of disclosure—decision not to allocate
(2) If the authorised officer is satisfied...
written notice with reasons and details of action taken or proposed
Authorised officer must give written notice to discloser after decision not to allocate disclosure.
44A(3) Allocation of disclosure—decision not to allocate
public-interest-disclosure-act-2013.pdf, p.65
44B Non-allocation of disclosure subject to stop action direction
Agency must allocate disclosure if stop action direction is lifted
44B(1) Non-allocation of disclosure subject to stop action direction
Authorised officer must give written notice to Ombudsman or IGIS under certain conditions.
44B(2) Non-allocation of disclosure subject to stop action direction
Must provide notice to Ombudsman or IGIS
Authorised officer has a duty to give written notice
44B(3) Non-allocation of disclosure subject to stop action direction
Authorised officer may reallocate disclosure
45 Reallocation of disclosures
public-interest-disclosure-act-2013.pdf, p.66
45A Conduct related to intelligence agencies and agencies with
Disclose certain information to an authorized officer within 1 business day.
45A(1) Conduct related to intelligence agencies and agencies with
Requires disclosure within a specific time frame.
Prohibits disclosure of certain information.
(1) This section applies if: (a) an authorised officer receives a disclosure that is: (i) made to the authorised officer; or (ii) made to a supervisor of a public official and given to the authorised officer;
Authorised officer must provide notice to IGIS within 1 business day after disclosure is received.
45A(2) Conduct related to intelligence agencies and agencies with
Must provide notice within 1 business day.
Authorised officer must give written notice to IGIS within 14 days after disclosure.
45A(3) Conduct related to intelligence agencies and agencies with
Authorised officer must give written notice to IGIS.
Principal officer must provide regular written notice to IGIS about investigation progress and expected completion time.
45A(4) Conduct related to intelligence agencies and agencies with
Describes temporal relationship between notice and investigation completion
(c) the likelihood of any extension, or further extension, of the time for completion of the investigation being required under subsection 52(4).
The principal officer must provide regular written notice to IGIS about the investigation progress.
Describes implication between notice and investigation progress
(b) the anticipated time remaining before the investigation is completed;
public-interest-disclosure-act-2013.pdf, p.68
Agency must investigate disclosure within set time and in accordance with Division requirements.
46 Simplified outline
Agency must investigate disclosure within set time.
47 Principal officer must investigate disclosures
Agency principal officer must investigate disclosures allocated to the agency under Division 1.
47(1) Principal officer must investigate disclosures
Principal officer must investigate disclosures
47(2) Principal officer must investigate disclosures
Investigation is a part of disclosure investigation
47(3) Principal officer must investigate disclosures
47(4) Principal officer must investigate disclosures
(4) This section has effect subject to any stop action direction under the NACC Act.
public-interest-disclosure-act-2013.pdf, p.69
Principal officer may decide not to investigate disclosure under certain conditions.
48 Discretion not to investigate
public-interest-disclosure-act-2013.pdf, p.71
49 Investigative agency using separate investigative powers
Agency may decide not to investigate disclosure under separate investigative power.
49(1) Investigative agency using separate investigative powers
Agency has discretion to decide on investigation.
Separate investigative power for disclosure investigation
49(2) Investigative agency using separate investigative powers
Inform principal officers and discloser of investigation completion
49(3) Investigative agency using separate investigative powers
Exemption from disclosure due to impracticality
49(4) Investigative agency using separate investigative powers
Contacting the discloser is not reasonably practicable.
Act extends to acts, omissions, matters and things outside Australia.
5 Extension to things outside Australia
public-interest-disclosure-act-2013.pdf, p.72
50 Notification to discloser
Principal officer must notify discloser of investigation decision
50(1) Notification to discloser
Principal officer must give written notice to discloser of estimated investigation length.
50(1A) Notification to discloser
Principal officer must give written notice to discloser under certain conditions.
50(2) Notification to discloser
During certain conditions: referral of conduct under another law or power
(2) If paragraph (1)(b) applies, the principal officer must give written notice...
Implies: referral of conduct under another law or power
Recognizes: referral of conduct under another law or power
Diffuses information: referral of conduct under another law or power
Delete certain reasons from notification to discloser.
50(3) Notification to discloser
Describes the temporal relationship between deletion and notification.
(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:
Describes the application of deletion rules.
Imposes an obligation on the principal officer.
Describes the effect of deletion on notification.
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).
50(4) Notification to discloser
Principal officer must notify discloser upon investigation of disclosure no longer subject to stop action direction.
50(4A) Notification to discloser
Must provide notification upon investigation
Exemption from notification if not reasonably practicable
50(5) Notification to discloser
public-interest-disclosure-act-2013.pdf, p.74
50A Notification to Ombudsman or IGIS about investigation
Principal officer must give written notice to Ombudsman about decision not to investigate disclosure.
50A(1) Notification to Ombudsman or IGIS about investigation
Notification to IGIS about investigation decision
50A(2) Notification to Ombudsman or IGIS about investigation
Principal officer must give written notice
Must provide details about action taken or proposed under section 50AA.
50A(3) Notification to Ombudsman or IGIS about investigation
Principal officer must give written notice of stop action direction to Ombudsman or IGIS.
50A(4) Notification to Ombudsman or IGIS about investigation
public-interest-disclosure-act-2013.pdf, p.73
50AA Decision not to investigate—referral for investigation under
Agency cannot investigate disclosure under certain circumstances.
50AA(1) Decision not to investigate—referral for investigation under
Agency's decision not to investigate disclosure must be within a certain time frame.
(a) decides under section 48 not to investigate the disclosure, or (b) does not decide to investigate the disclosure further; and (c) is satisfied, on reasonable grounds, that the conduct disclosed would be more appropriately investigated under another law or power.
Agency's decision not to investigate disclosure must be based on sound reasoning.
Agency is prohibited from investigating disclosure.
Agency's decision not to investigate disclosure must diffuse through the organization.
Agency's decision not to investigate disclosure must be part of a recurring pattern.
Principal officer must refer conduct for investigation under other law or power.
50AA(2) Decision not to investigate—referral for investigation under
public-interest-disclosure-act-2013.pdf, p.75
51 Report of investigation
Principal officer must prepare report after investigation.
51(1) Report of investigation
Report must provide specific information about investigation
51(2) Report of investigation
public-interest-disclosure-act-2013.pdf, p.77
52 Time limit for investigations under this Division
Investigations must be completed within 90 days after specific events.
52(1) Time limit for investigations under this Division
Investigation completion ends 90 days after specified event
Temporal interval for investigation completion
Investigation completion starts at specified event
Must complete investigation within time limit
Time limit for investigations under this Division
52(2) Time limit for investigations under this Division
Extension of time limit for investigations under this Division
52(3) Time limit for investigations under this Division
Granting permission to extend time limit
public-interest-disclosure-act-2013.pdf, p.78
53 Conduct of investigations under this Division
Agency officer must conduct investigation as they think fit.
53(1) Conduct of investigations under this Division
Principal officer may obtain information from persons and make inquiries as they think fit.
53(2) Conduct of investigations under this Division
Principal officer has the power to obtain information.
Comply with standards under section 74 during investigations.
53(3) Conduct of investigations under this Division
Must act in accordance with rules relating to fraud made for the purposes of the Public Governance, Performance and Accountability Act 2013.
53(4) Conduct of investigations under this Division
The principal officer must act accordingly during the investigation.
The investigation relates to one or more instances of fraud.
The principal officer must act accordingly.
Rules relating to fraud are made for the purposes of the Public Governance, Performance and Accountability Act 2013.
public-interest-disclosure-act-2013.pdf, p.79
May adopt findings from another investigation under this Division.
54 Adoption of findings of another investigation
public-interest-disclosure-act-2013.pdf, p.80
Notification of allocation or non-allocation of disclosure to an agency
55 The Ombudsman and the IGIS—recommendations
IGIS is notified of allocation or non-allocation
public-interest-disclosure-act-2013.pdf, p.82
56 Disclosure to a member of an Australian police force
Disclose information suspected to be evidence of an offence
56(1) Disclosure to a member of an Australian police force
56(2) Disclosure to a member of an Australian police force
Member of police force must receive information
Investigator has a duty to give relevant information
Investigator must disclose information to a member of an Australian police force under certain circumstances.
56(3) Disclosure to a member of an Australian police force
Exemption from subsection (3) for certain investigations and corruption issues.
56(4) Disclosure to a member of an Australian police force
Temporal overlap between subsection (3) and exemption.
(i) to investigate the commission of the offence; and (ii) to meet the requirements of the Commonwealth Director of Public Prosecutions in gathering evidence and preparing briefs of evidence in relation to the commission of the offence;
Permission to investigate without subsection (3) applying.
(4) However, subsection (3) does not apply:
Permission for corruption issue referral.
(b) if the investigator suspects on reasonable grounds that the relevant information raises a corruption issue (within the meaning of the National Anti-Corruption Commission Act 2022) and:
Repeating pattern of exemption for certain investigations.
(a) if the investigator believes on reasonable grounds that the agency to which the investigator belongs has the capacity and the appropriate skills and resources needed:
Disclosure of corruption issue to a member of an Australian police force
56(4A) Disclosure to a member of an Australian police force
State has obligation to disclose corruption issue
public-interest-disclosure-act-2013.pdf, p.85
Additional obligations on principal officers, authorised officers, supervisors and public officials.
58 Simplified outline
59 Additional obligations of principal officers
Principal officer must ensure authorised officers are accessible and aware of each other's identity.
59(1) Additional obligations of principal officers
The principal officer must ensure authorised officers are accessible by public officials who belong to the agency.
Principal officer must ensure authorised officers are accessible for at least some time.
(a) The principal officer of an agency must take reasonable steps to...
(b) public officials who belong to the agency are aware of the identity of each authorised officer of the agency.
Must ensure authorised officers are accessible and aware of each other's identity.
Principal officer must encourage and support public interest disclosures.
59(2) Additional obligations of principal officers
public-interest-disclosure-act-2013.pdf, p.9
Promote integrity and accountability of Commonwealth public sector.
6 Objects
...integrity and accountability of Commonwealth public sector.
Obligation to promote integrity and accountability.
public-interest-disclosure-act-2013.pdf, p.87
Authorised officer must inform individual about potential internal disclosure.
60 Additional obligations of authorised officers
Disclosure must be made within a reasonable timeframe
Authorised officer has reasonable grounds to believe disclosure is disclosable conduct
Disclosure concerns or could concern disclosable conduct
Disclosure must be made if individual proposes to disclose information
Individual proposes to disclose information
Inform individual about potential internal disclosure
Information concerns or could concern disclosable conduct
public-interest-disclosure-act-2013.pdf, p.88
60A Additional obligations of supervisors
Supervisor must explain matters to discloser if they have reasonable grounds to believe information concerns disclosable conduct.
60A(1) Additional obligations of supervisors
Supervisor must explain matters to discloser.
Supervisor must inform and advise discloser about disclosure procedures.
60A(2) Additional obligations of supervisors
Temporal interval for disclosure procedures
(2) The supervisor must: (a) inform the discloser that the disclosure could be treated as an internal disclosure for the purposes of this Act;
Supervisor's obligation to inform and advise
Supervisor's obligation to provide civil and criminal protections
(d) explain to the discloser the civil and criminal protections this Act provides to protect disclosers, and those providing assistance in relation to such disclosures, from reprisals.
Supervisor's obligation to explain procedures
(2) The supervisor must: (b) explain to the discloser the procedures under this Act for such a disclosure to be:
Supervisor must provide information to authorized officer after disclosure.
60A(3) Additional obligations of supervisors
public-interest-disclosure-act-2013.pdf, p.89
61 Additional obligations of public officials
Public officials must use best endeavours to assist principal officers in investigations.
61(1) Additional obligations of public officials
Public officials must assist Ombudsman in performance of functions
61(2) Additional obligations of public officials
Public officials must use their best endeavours to assist the IGIS.
61(3) Additional obligations of public officials
public-interest-disclosure-act-2013.pdf, p.90
The Ombudsman must assist principal officers, authorised officers, public officials, and former public officials in relation to the operation of this Act.
62 Additional functions of the Ombudsman
The Ombudsman has a duty to assist certain individuals.
public-interest-disclosure-act-2013.pdf, p.91
The IGIS must assist principal officers of intelligence agencies and public officials who belong to intelligence agencies in relation to the operation of this Act.
63 Additional functions of the IGIS
The IGIS must assist principal officers of intelligence agencies and public officials who belong to intelligence agencies.
public-interest-disclosure-act-2013.pdf, p.93
Sharing of information about disclosure between agencies is authorized, but further disclosure or use of such information is prohibited except for providing legal advice and professional assistance.
64 Simplified outline of this Division
Prohibition of further disclosure or use of information
Legal practitioner's duty to maintain confidentiality
65 Sharing information and documents between agencies
Sharing information and documents between agencies is required.
65(1) Sharing information and documents between agencies
Requires sharing of information and documents.
Permits sharing of information or documents
65(2) Sharing information and documents between agencies
Sharing information and documents between agencies.
65(3) Sharing information and documents between agencies
public-interest-disclosure-act-2013.pdf, p.94
67 Secrecy—legal practitioners
Disclosing legal information without permission is an offence.
67(1) Secrecy—legal practitioners
Imprisonment for 2 years or 120 penalty units, or both.
Prohibition of disclosing legal information
(a) the person has obtained information in the person’s capacity as the recipient of a legal practitioner disclosure;
Prohibition of using disclosed information
(b) the person: (i) discloses the information to another person; or (ii) uses the information;
Disclosure for legal advice or professional assistance is permitted.
67(2) Secrecy—legal practitioners
Permits disclosure for legal advice or professional assistance.
public-interest-disclosure-act-2013.pdf, p.96
Simplified outline of Division definitions
68 Simplified outline
Defines public official for the purposes of the Act.
69 Public officials
Act applies to public officials and agencies
Classifies public officials into categories
public-interest-disclosure-act-2013.pdf, p.10
Agencies are required to investigate disclosures of potential disclosable conduct.
7 Simplified outline of this Act
Investigation is a part of agency's duties
public-interest-disclosure-act-2013.pdf, p.101
70 Individuals taken to be public officials
Authorised officer may determine that an individual has been a public official for disclosure purposes.
70(1) Individuals taken to be public officials
In relation to the disclosure of the information
Time of obtaining information is relevant for public official status
when the individual obtained the information
Individual has disclosed or proposes to disclose information
This Act has effect in relation to the disclosure of the information
Individual has information that concerns disclosable conduct
Individual must be a public official for disclosure purposes
Authorised officer may determine that this Act has effect
This Act is taken always to have had effect in relation to the disclosure of the information
Authorized officer may make determination on request or initiative.
70(2) Individuals taken to be public officials
Authorised officer must make determination after considering individual's request.
70(3) Individuals taken to be public officials
Exemption from section 70(3A) for judicial officers
70(3A) Individuals taken to be public officials
Judicial officers' terms do not overlap with section 70(3A)
Section 70(3A) does not apply during judicial officer's term
Individuals taken to be public officials
AI system recognizes judicial officers as exempt from section 70(3A)
Section 70(3A) exemption for judicial officers recognized by AI system
Section 70(3A) does not apply to judicial officers
Other public officials are exempt from section 70(3A)
Section 70(3A) exemption for judicial officers spreads to other public officials
public-interest-disclosure-act-2013.pdf, p.102
71 Meaning of agency
71(1) Meaning of agency
71(2) Meaning of agency
(2) However, a Royal Commission is not an agency.
72 Meaning of prescribed authority
72(1) Meaning of prescribed authority
prescribed authority means one of following entities:
(b) the part of the Defence Department known as the Australian Geospatial-Intelligence Organisation
(c) the part of the Defence Department known as the Defence Intelligence Organisation
(d) the High Court or any court created by the Parliament
(e) a body that is established by a law of the Commonwealth and prescribed by the PID rules
(f) the person holding, or performing the duties of, an office that is established by a law of the Commonwealth and prescribed by the PID rules
Entities are prescribed authorities in their own right.
72(2) Meaning of prescribed authority
Definition of prescribed authority in subsection (1)
public-interest-disclosure-act-2013.pdf, p.103
73 Meaning of principal officer
73(1) Meaning of principal officer
Definition of principal officer for purposes of the Act.
73(2) Meaning of principal officer
public-interest-disclosure-act-2013.pdf, p.104
73A Scope of Subdivision
public-interest-disclosure-act-2013.pdf, p.105
Conduct before change time relates to new agency under certain conditions.
73B Machinery of government changes—conduct relating to
73C Machinery of government changes—disclosures made before
Disclosure of information before government change
73C(1) Machinery of government changes—disclosures made before
Machinery of government changes—disclosures made before
73C(2) Machinery of government changes—disclosures made before
public-interest-disclosure-act-2013.pdf, p.106
73D Machinery of government changes—information transfer
Disclosure of information before change time is obligation to report investigation completion.
73D(1) Machinery of government changes—information transfer
Investigation completion must be reported.
Obligation to report investigation completion.
Disclosure of information before change time.
Authorises principal officer to provide information in relation to disclosure.
73D(2) Machinery of government changes—information transfer
public-interest-disclosure-act-2013.pdf, p.107
74 Ombudsman may determine standards
The Ombudsman may determine standards relating to procedures, investigations, reports, and information giving.
74(1) Ombudsman may determine standards
Consultation requirement before determining standards.
74(2) Ombudsman may determine standards
A standard may not be determined without consultation.
Ensure standards are in force at all times after commencement.
74(3) Ombudsman may determine standards
...standards are in force at all times after the commencement of this section.
Standards must be in force during the commencement period.
(3) The Ombudsman must ensure that standards are in force under each of paragraphs (1)(a), (b) and (c)...
Standards being in force implies their maintenance.
Standards must be maintained through artificial intelligence.
...standards are in force at all times...
Obligation to ensure standards are in force.
Standards must be maintained through diffusion.
Exemptions from secrecy provisions for disclosure investigations and performance of functions/exercise of powers.
75 Restriction on the application of secrecy provisions
...or (d) the disclosure, recording or use is for the purposes of the performance of the functions, or the exercise of the powers,
Temporal overlap between disclosure investigations and performance of functions/exercise of powers.
(c) the disclosure, recording or use is in connection with giving a person access to information for...
...does not apply to the disclosure, recording or use of information if...
Permission to disclose information for specific purposes.
(1) A provision of a law of the Commonwealth that prohibits...
...or (b) the disclosure, recording or use is for the purposes of...
Obligation to disclose information for specific purposes.
(a) the disclosure, recording or use is in connection with the conduct of a disclosure investigation;
...or (c) the disclosure, recording or use is in connection with giving a person access to information for...
Recurring trace between disclosure investigations and performance of functions/exercise of powers.
(b) the disclosure, recording or use is for the purposes of the performance of the functions, or the exercise of the powers,
public-interest-disclosure-act-2013.pdf, p.108
76 Annual reports by the Ombudsman
Annual report by Ombudsman to Minister and Parliament
76(1) Annual reports by the Ombudsman
Annual reports by the Ombudsman must include specific information.
76(2) Annual reports by the Ombudsman
Principal officer must provide information and assistance to the Ombudsman.
76(3) Annual reports by the Ombudsman
The provision starts at a specific point in time.
The principal officer must give the Ombudsman such information and assistance as required by a specific point in time.
The principal officer must give the Ombudsman such information and assistance as required.
Must provide information and assistance.
The Ombudsman reasonably requires such information and assistance.
The principal officer is obligated to provide the required information and assistance.
Principal officer has an obligation to provide information and assistance.
Delete material from a document given to the Ombudsman that could identify an individual or result in exemption under Part IV of the Freedom of Information Act 1982.
76(4) Annual reports by the Ombudsman
(4) Despite subsection (3), the principal officer may delete...
public-interest-disclosure-act-2013.pdf, p.110
76A Six-monthly reports by the Ombudsman
The Ombudsman must prepare and give a report to the Minister.
76A(1) Six-monthly reports by the Ombudsman
Six-monthly reports by the Ombudsman must include specific information.
76A(2) Six-monthly reports by the Ombudsman
Reports must be submitted in accordance with subsections 76(3) and (4)
76A(3) Six-monthly reports by the Ombudsman
Reports must be submitted within a six-month period
77 Delegations
Delegation of functions or powers to a public official
77(1) Delegations
The delegation occurs during the principal officer's term.
The public official may receive delegated functions or powers.
The principal officer may, by writing, delegate any or all of their functions or powers.
Comply with principal officer's directions when exercising delegated functions.
77(2) Delegations
public-interest-disclosure-act-2013.pdf, p.111
78 Liability for acts and omissions
No liability for acts and omissions in good faith
78(1) Liability for acts and omissions
(d) in the performance, or purported performance, of any function conferred on the person by this Act; (e) in the exercise, or purported exercise, of any power conferred on the person by this Act;
(a) the principal officer of an agency or a delegate of the principal officer; (b) an authorised officer of an agency; (c) a supervisor of a person who makes a disclosure;
Section does not apply to a breach of designated publication restriction.
78(2) Liability for acts and omissions
No effect on rights to seek judicial review
78(3) Liability for acts and omissions
public-interest-disclosure-act-2013.pdf, p.112
This Act does not exclude or limit State and Territory laws.
79 Concurrent operation of State and Territory laws
public-interest-disclosure-act-2013.pdf, p.13
7A Role of the Ombudsman under the Ombudsman Act 1976
A complaint may be made to the Ombudsman about handling of a disclosure under the Act.
7A(1) Role of the Ombudsman under the Ombudsman Act 1976
A complaint may be made about the allocation of a disclosure.
Complaints can be made about the allocation of a disclosure
The Ombudsman Act 1976 requires agencies to allocate disclosures promptly.
A complaint may be made about non-compliance with the Act.
Complaints can be made about compliance with the Act
The Ombudsman Act 1976 requires agencies to comply with its provisions.
A complaint may be made about the principal officer's compliance.
Complaints can be made about principal officers
The Ombudsman Act 1976 requires agencies to have principal officers who comply with its provisions.
A complaint may be made about the handling of a disclosure.
The Ombudsman Act 1976 requires agencies to handle disclosures reasonably.
A complaint may be made about the investigation of a disclosure.
Complaints can be made about investigation of a disclosure
The Ombudsman Act 1976 requires agencies to investigate disclosures promptly.
Exemptions from the Ombudsman's jurisdiction
7A(2) Role of the Ombudsman under the Ombudsman Act 1976
(2) Subsection (1) does not apply in relation to:
Does not limit section 5 or 5A of the Ombudsman Act 1976.
7A(3) Role of the Ombudsman under the Ombudsman Act 1976
public-interest-disclosure-act-2013.pdf, p.14
7B Role of the IGIS under the Inspector-General of Intelligence and
Complaints about handling of disclosure under the Act can be made to the IGIS.
7B(1) Role of the IGIS under the Inspector-General of Intelligence and
List of matters that can be included in a complaint under the IGIS.
7B(2) Role of the IGIS under the Inspector-General of Intelligence and
State's obligation to handle complaints reasonably.
Does not limit section 8 or 8A of the Inspector-General of Intelligence and Security Act 1986.
7B(3) Role of the IGIS under the Inspector-General of Intelligence and
public-interest-disclosure-act-2013.pdf, p.15
8 Definitions
No effect on legal professional privilege law
80 Law relating to legal professional privilege not affected
82 Other investigative powers etc. not affected
No implication on Commonwealth laws' investigative powers
82(1) Other investigative powers etc. not affected
No obligation imposed by this Act on an agency or public official supersedes obligations under other Commonwealth laws.
82(2) Other investigative powers etc. not affected
82A Review of operation of Act
The Minister must cause a review to be undertaken of the operation of this Act.
82A(1) Review of operation of Act
Review of operation of Act must be conducted after 5 years.
82A(2) Review of operation of Act
The Minister must cause a written report about the review to be prepared.
82A(3) Review of operation of Act
The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days.
82A(4) Review of operation of Act
The Minister must cause a copy of the report to be laid before each House of Parliament.
public-interest-disclosure-act-2013.pdf, p.113
The Minister may make rules by legislative instrument.
83 The PID rules
Classifies the PID rules as a descriptive clause.
The text describes the rules as 'prescribing matters'
public-interest-disclosure-act-2013.pdf, p.23
Taking reprisal against a person for making a public interest disclosure is an offence.
9 Simplified outline
Prohibition of reprisal against a person for making a public interest disclosure.
Public Interest Disclosure Act 2013