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