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Public Interest Disclosure (Protection of Whistleblowers) Act, 2010

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Jurisdiction: Zambia
Structure: 77 provisions
Citation: Act 4 of 2010
Dates: Undated source snapshot

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Purpose and legislative effect

“This section gives the Act its short title and lets the Minister appoint the commencement date by statutory instrument.”

This section gives the Act its short title and lets the Minister appoint the commencement date by statutory instrument. This section defines key terms used in the Act, including act, conduct, corrupt, detriment, disciplinary offence, and disclosable conduct. This section is titled “Employee not to be subjected to occupational detriment.” 13. Frivolous, vexatious, etc. disclosures This section is titled “Referral with investigation” and includes “No referral.”

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This Act may be cited as the Public Interest Disclosure

This section gives the Act its short title and lets the Minister appoint the commencement date by statutory instrument.

Section 1

Report on disclosures

Section 41 is titled “Report on disclosures” in Part V, “Protections Against Reprisals.”

Section 41

Subject to section seventeen, if a public interest disclosure

If an investigating authority gets a public interest disclosure that is not about its own conduct or a matter it can investigate, it must refer the disclosure to a different proper investigating authority.

Section 14

A disclosure that is made solely or substantially with the

A disclosure made mainly to avoid dismissal or other discipline is not a protected disclosure.

Section 36

The Minister may, by statutory instrument, make Regulations

The Minister may make regulations by statutory instrument to better carry out this Act.

Section 59

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Showing 77 of 77 provisions

Provision 62Offence 7Commencement 5Short title 2

Part

PART I

§ 1This Act may be cited as the Public Interest DisclosureShort title

This section gives the Act its short title and lets the Minister appoint the commencement date by statutory instrument.

1. This Act may be cited as the Public Interest Disclosure (Protection of Whistleblowers) Act, 2010, and shall come into operation on such date as the Minister may, by statutory instrument, appoint. Short title and wnmklmnent

Section 1Verify source

§ 2(1) In this Act, unless the context otherwise requiresShort title

This section defines key terms used in the Act, including act, conduct, corrupt, detriment, disciplinary offence, and disclosable conduct.

2. (1) In this Act, unless the context otherwise requires Interpretation " act " includes investigate; " conduct " includes an act or omission; " corrupt " has the meaning assigned to it under the Anti Cap. 91 Corruption CommissionAct; " detriment " means - 20 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers) (a) injury, damage or loss; (b) intimidation or harassment; or (c) discrimination, disadvantage or adverse treatment in relation to career, profession, employment, trade or business; "disciplinary offence" means conduct that constitutes grounds for disciplinary action, in respect of a public officer, under the General Orders or the officer's contract of employment, or in relation to any other person, under the person's contract of employment or conditions of service; " disclosable conduct " in relation to any person or a public officer, means- (a) conduct of the person, whether or not a public officer, that adversely affects, or could adversely affect, either directly or indirectly, the honest or impartial performance of official functions by the person, public officer or agency; (b) conduct of the public officer which amounts to the performance of any of the public officer's functions dishonestly or with partiality; (c) conduct of the public officer, aformer public officer or a government agency that amounts to a breach of public trust; (d) conduct of the public officer, a former public officer or a government agency that amounts to the misuse of information or material acquired in the course of the performance of the public officer functions, whether for the benefit of that person or agency or otherwise; (e) conduct of the public officer that amounts to maladministration which is action or inaction of a serious nature that is- (i) contrary to any law; (ii) unreasonable, unjust, oppressive or discriminatory; or (iii) based wholly or partly on improper motives; (j) conduct of the person or public officer that would, if proven, constitute- (i) a criminal offence; (ii) a disciplinary offence; (iii) serious and substantial public wastage or abuse of fmancial or other public resources or assets; or reasonable grounds for dismissing or dispensing with, or otherwise terminating, the services of the person or public officer who is engaged in it; or (iv) Public Interest Disclosure (Pmtection ofWhistleblowers) [No. 4 of 2010 15 \ THE PUBLIC INTEREST DISCLOSURE (PROTECTION OF WHISTLEBLOWERS) ACT, 2010 t\ - ' I ' ·( AfRANGEMENT OF SECTIONS PART I PRELIMINARY Interpretation I . Short title and commencement

Section 2Verify source

§ 9Relationship of Act with other ActsProvision

This section is titled “Employee not to be subjected to occupational detriment.”

9. Relationship of Act with other Acts PART II PUBLIC INTEREST DISCLOSURES I 0. Employee not to be subjected to occupational detriment

Section 9Verify source

Part

PART II

§ 13Frivolous, vexatious, etc. disclosuresProvision

13. Frivolous, vexatious, etc. disclosures

Section 13Verify source

§ 16Referral with investigationProvision

This section is titled “Referral with investigation” and includes “No referral.”

16. Referral with investigation 17. No referral

Section 16Verify source

§ 20Joint actionProvision

Section 20 is titled “Joint action” and appears in Part III, “Protected Disclosures.”

20. Joint action PART III PROTECTED DISCLOSURES

Section 20Verify source

§ 11( 1) Any person may make a public interest disclosure toCommencement

Any person may make a public interest disclosure to an investigating authority.

11. ( 1) Any person may make a public interest disclosure to an investigating authority. (2) Without limiting the generality of subsection ( 1 ), a person may make a public interest disclosure- Making public interest disclosure (a) about conduct in which a person is engaged, or about matters arising before the commencement of this Act; and (b) whether or not the person is able to identify any person that the information disclosed concerns.

Section 11Verify source

§ 12( 1 ) A person may make an anonymous disclosure in AnonymousProvision

This section allows a person to make an anonymous disclosure, but sets steps for disclosure and requires investigating authorities to keep it confidential.

12. ( 1 ) A person may make an anonymous disclosure in Anonymous accordance with this section and the disclosure is protected by this disclosures Act. (2) An anonymous disclosure shall be made to any investigating authority where the disclosure does not relate to the investigating authority to whom the disclosure is made. (3) A person making an anonymous disclosure shall identify themselves to the head of an investigating authority and request that that person's identity be kept confidential by the investigating authority. (4) The head of an investigating authority shall personally consider an anonymous disclosure and make a preliminary assessment of the disclosure against the matters referred to under section thirteen before referring the matter without any identification of the person making the disclosure, to any relevant member of staff of the investigating authority for further and full investigation. (5) An investigating authority shall maintain confidentiality when examining a matter referred in accordance with this section. (6) An investigating authority shall subject any anonymous disclosure to the tests set out in section thirteen. 28 No. 4 of2010] Public Interest Disclosure (Protection of Whistleblowers) Frivolous, vexatious, etc. disclosures

Section 12Verify source

§ 13( 1) An investigating authority may decline to act on a publicOffence

An investigating authority may refuse to act on certain public interest disclosures, and must refuse to re-open issues already decided by a court or tribunal.

13. ( 1) An investigating authority may decline to act on a public interest disclosure received by it where the investigating authority considers that- (a) the disclosure is malicious, frivolous, vexatious or made in bad faith; (b) the disclosure is misconceived or lacking in substance; (c) the disclosure is trivial; (d) there is a more appropriate method of dealing with the disclosure reasonably available; (e) the disclosure has already been dealt with adequately; or (I) the disclosure is made for pecuniary gain or other illegal purpose. (2) An investigating authority shall, where an issue raised in a public interest disclosure has been determined by a court or tribunal authorised to determine the issue at law, after consideration of the matters raised by the disclosure, decline to act on the disclosure to the extent that the disclosure attempts to re-open the issue. . (3) A person who makes a public interest disclosure that falls within the meaning of paragraphs (a) and (I) of subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both. ( 4) Where a public interest disclosure is made against any person and the person is suspended or any other administrative action is taken against that person by the employer pending investigation into the matter, and the investigating authority determines that the disclosure falls under subsection (I), the person shall be entitled to- (a) reinstatement by the employer; (b) compensation for any detriment suffered as a result of the disclosure made; (c) re-location to another position of equivalent level of salary and duties, in the employing agency; or (d) any other action to remedy to any detriment caused to the person by the disclosure. (5) Where a person is re-located in accordance with subsection (4), the employing agency of the person being relocated shall- (a) meet all reasonable re-location expenses; and (b) take all reasonable steps to ensure that the person is placed in a position of equivalent level of salary and duties. Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of 2010 29

Section 13Verify source

§ 14Subject to section seventeen, if a public interest disclosureProvision

14. Subject to section seventeen, if a public interest disclosure received by an investigating authority is not related to--- Referral without investigation Investigation by authority (a) the conduct of the investigating authority or of a public officer in relation to the investigating authority; or (b) a matter, or the conduct of any person, that it has a function or power to investigate; the investigating authority shall refer the disclosure to another investigating authority that, because it has a function or power to deal with the conduct or matter the disclosure concerns, is a proper authority to receive the disclosure.

Section 14Verify source

§ 15(1) An investigating authority shall investigate a public interestProvision

An investigating authority must investigate qualifying public interest disclosures and, in some cases, refer them to another investigating authority.

15. (1) An investigating authority shall investigate a public interest disclosure received by it if the disclosure relates to--- (a) its own conduct or conduct ofa public officer in relation to the investigating authority; (b) a matter, or the conduct of any person, that the investigating authority has a function or power to investigate; or (c) the conduct of a person, other than a public officer, performing services for or on behalfofthe investigating authority. (2) Where an investigating authority investigates a matter in accordance with subsection ( 1) and is unable to investigate the matter impartially or without a conflict of interest, the authority shall refer the matter to another investigating authority. (3) A disclosure may be referred before or after the matter has been investigated and whether or not any investigation of the matter is complete or any findings have been made by the investigating authority. (4) An investigating authority may communicate to another investigating authority, to a public officer or public authority any information relevant for purposes of an investigating authority has obtained during the investigation of any matter under thisAct. (5) An investigating authority may recommend what action should be taken by the other investigating authority, a public officer or public authority. 30 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers) Referral with investigation No referral Action by investigating authority (6) An investigating authority shall not refer the disclosure to another investigating authority, or to a public officer or public authority, except after taking into consideration the views of the investigating authority, public officer or public authority. 1 6. (l) Subject to subsection (2), if a public interest disclosure being investigated by an investigating authority relates to- (a) the conduct of another agency or the conduct of a public officer in relation to another agency; or (b) a matter, or the conduct ofany person, that another agency has a function or power to investigate; the investigating authority shall refer the public interest disclosure to another investigating authority. (2) Nothing in this section affects the duty ofan investigating authority to act under sectionfifteen.

Section 15Verify source

§ 17(I) An investigating authority shall not refer a public interestProvision

An investigating authority must not refer a public interest disclosure to another investigating authority if doing so could lead to unlawful reprisal or prejudice the investigation. If that non-referral happens, the matter must be referred immediately to the Investigator-General, who decides what action to take.

17. (I) An investigating authority shall not refer a public interest disclosure to another investigating authority under section fourteen or subsection (I) of sectionsixtee11 if, in the investigating authority's opinion- (a) there is a serious risk that a person would engage in an unlawful reprisal; or (b) the proper investigation of the disclosure would be prejudiced; as a result of the reference to the other investigating authority. (2) Where a non-referral of the type referred to in subsection (I) occurs, the matter shall be referred immediately to the Investigator-General who shall decide what action is to be taken in relation to the matter.

Section 17Verify source

§ 18Where after investigation, an investigating authority is ofOffence

After an investigation, the investigating authority must take necessary and reasonable action if a disclosure reveals disclosable conduct, public wastage, an unlawful reprisal, or a serious public health or safety danger.

18. Where after investigation, an investigating authority is of the opinion that a public interest disclosure has revealed- (a) that a person has engaged, is engaging, or intends to engage, in disclosable conduct; (b) public wastage; (c) that a person has engaged, is engaging, or intends to engage, in an unlawful reprisal; or (d) that a public officer has engaged, is engaging, or intends to engage, in conduct that amounts to a substantial and specific danger to the health or safety of the public; Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of 2010 31 Progress report the investigating authority shall take such action as is necessary and reasonable to--- (i) prevent the conduct or reprisal continuing or occurring in future; (ii) discipline any person responsible for the conduct or reprisal; (iii) bring an action in court or prosecute any person responsible for the conduct or reprisal, under this Act or relevant investigating Act; or (iv) confiscate or forfeit any property, benefit or other proceed obtained from or through the conduct or reprisal or acquired by any person through the commission of any offence under this Act or any investigating Act.

Section 18Verify source

§ 19(1) A person who makes a public interest disclosure, or anProvision

A requester may ask for a progress report, and the investigating authority must provide it within 14 days and continue reporting while action continues.

19. (1) A person who makes a public interest disclosure, or an investigating authority which refers a disclosure to another investigating authority, may request the investigating authority to which the disclosure was made or referred to provide a progress report. (2) Where a request is made under subsection ( 1), the investigating authority to which the request is made shall provide a progress report to the person who, or investigating authority which requested it- (a) within fourteen days from the date ofreceipt of the request; and (b) if the investigating authority takes further action with respect to the disclosure after providing a progress report under paragraph (a)- (i) while the authority is taking action, at least once in every ninety day period commencing on the date of provision of the report under paragraph (a); and (ii) on completion of the action. (3) A progress report provided under subsection (2) shall contain the following particulars with respect to the investigating authority that provides the report: (a) where the investigating authority has declined to act on the public interest disclosure, that it has declined to act and the ground on which it so declined; (b) where the investigating authority has referred the public interest disclosure to another investigating authority, that it has referred the disclosure to another investigating authority and the name of the authority to which the disclosure has been referred; 32 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers) Joint action Effect of Part General protected disclosure (c) where the investigating authority has accepted the public interest disclosure for investigation, the current status of the investigation; and (d) where the investigating authority has accepted the public interest disclosure for investigation and the investigation is complete, its findings and any action it has taken or proposes to take as a result of its findings. (4) Nothing in this section prevents any investigating authority from providing a progress report in accordance with subsection (3) to a person who may make a request under subsection (!).

Section 19Verify source

§ 20If more than one investigating authority is required by thisProvision

When more than one investigating authority must act on a public interest disclosure, they may make arrangements with each other.

20. If more than one investigating authority is required by this Act to act on a public interest disclosure, the investigating authorities may enter into such arrangements with each other as are necessary and reasonable to- (a) avoid duplication of action; (b) allow the resources of the authorities to be efficiently and economically used to take action; and (c) achieve the most effective result. PART III PROTECTED D ISCLOSURES 2 1 . A disclosure is protected by this Act if it satisfies the applicable requirements of this Part.

Section 20Verify source

Part

PART III

§ 23Lodging of public interest disclosureProvision

Section 23 is about lodging a public interest disclosure.

23. Lodging of public interest disclosure

Section 23Verify source

§ 26Disclosure concerning corrupt conductProvision

Section 26 concerns disclosure concerning corrupt conduct, but the provided text is incomplete.

26. Disclosure concerning corrupt conduct to

Section 26Verify source

§ 27DisclosureProvision

Section 27 is titled “Disclosure” and mentions the Investigator-General concerning maladministration.

27. Disclosure Investigator-General concerning maladministration Copies of this Statutory Instrument can be obtainedfr0111 the Government Printer, P. 0. Box 30/36. /0/0/ Lusaka. Price K/7,000 eac/1 16 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers)

Section 27Verify source

§ 28Disclosure to Auditor-General concerning serious andProvision

Section 28 concerns disclosure to the Auditor-General about serious and substantial waste.

28. Disclosure to Auditor-General concerning serious and substantial waste

Section 28Verify source

§ 29Disclosure concerning police officerProvision

This section is about disclosure concerning a police officer.

29. Disclosure concerning police officer

Section 29Verify source

§ 30Disclosures concerning serious and substantial waste in localProvision

Section 30 concerns disclosures about serious and substantial waste in local government.

30. Disclosures concerning serious and substantial waste in local government

Section 30Verify source

§ 31Disclosures about investigating authoritiesProvision

This section is about disclosures concerning investigating authorities.

31. Disclosures about investigating authorities

Section 31Verify source

§ 34Disclosures made on frivolous or other groundsProvision

This section concerns disclosures made on frivolous or other grounds.

34. Disclosures made on frivolous or other grounds

Section 34Verify source

§ 35Disclosures concerning merits of Government policyProvision

This provision is about disclosures concerning the merits of Government policy.

35. Disclosures concerning merits of Government policy

Section 35Verify source

§ 36Disclosures motivated by object of avoiding disciplinary actionProvision

Section 36 is titled “Disclosures motivated by object of avoiding disciplinary action.”

36. Disclosures motivated by object of avoiding disciplinary action

Section 36Verify source

§ 37Protected disclosure to legal practitionerProvision

Protected disclosure to a legal practitioner.

37. Protected disclosure to legal practitioner

Section 37Verify source

§ 39Protected disclosure to certain persons or bodiesProvision

This section concerns protected disclosure to certain persons or bodies.

39. Protected disclosure to certain persons or bodies PART IV PROVISIONS RELATING TO lNVESTIGATING AUTHORITIES

Section 39Verify source

§ 22( 1) A disclosure is a protected disclosure ifProvision

A disclosure counts as protected only if an employee makes it in good faith and meets the listed belief and reasonableness conditions.

22. ( 1) A disclosure is a protected disclosure if (a) it is made in good faith by an employee- (i) who reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and (ii) who does not make the disclosure for purposes of personal gain, excluding any reward payable in terms of any law; (b) one or more of the conditions specified in subsection (2) apply; and (c) in all the circumstances of the case, it is reasonable to make the disclosure. Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of 2010 33 (2) The conditions referred to in paragraph (b) of subsection (I) are- (a) that at the time of making a disclosure the employee who makes the disclosure has reason to believe tliat the employee shall be subjected to an occupational detriment if the employee makes a disclosure to the employer in accordance with section thirty-eight; (b) that, in a case where no person or body is prescribed for the purposes of section thirty-nine in relation to the relevant impropriety, the employee making the disclosure has reason to believe that it is likely that evidence relating to the impropriety shall be concealed or destroyed if the employee makes the disclosure to the employer; (c) that the employee making the disclosure has previously made a disclosure of substantially the same information to - (i) (ii) a person or body referred to in section thirty nine, in respect of which no action was taken within a reasonable period after the disclosure; or the employer; or (3) (d) that the impropriety is ofan exceptionally serious nature. In determining for the purposes of paragraph (c) of subsection (I ) whether it is reasonable for the employee to make the disclosure, consideration shall be given to- (a) the identity of the person to whom the disclosure is made; (b) the seriousness of the impropriety; (c) whether the impropriety is continuing or is likely to occur in the future; (d) whether the disclosure is made in breach of a duty of confidentiality of the employer towards any other person; (e) in a case falling within paragraph (c) of subsection (2), any action which the employer or the person or body to whom the disclosure was made, has taken, or might reasonably be expected to have taken, as a result of the previous disclosure; (j) in a case falling within subparagraph (i) of paragraph (c) of subsection (2), whether in making the disclosure to the employer the employee complied with any procedure which ..yas authorised by the employer; and (g/ the public interest. 34 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers) (4) For the purposes of this section, a subsequent disclosure may be regarded as a disclosure of substantially the same information referred to in paragraph ( c) of subsection (2) where the subsequent disclosure extends to information concerning an action taken or not taken by any person as a result of the previous disclosure.

Section 22Verify source

§ 23Any of the following may receive a public interest disclosureProvision

This section says certain bodies may receive a public interest disclosure about government agency or public officer conduct, or about an unlawful reprisal.

23. Any of the following may receive a public interest disclosure concerning a government agency's conduct or the conduct of a public officer in relation to a government agency, or a public interest disclosure that a person has engaged, is engaging, or intends to engage, in an unlawful reprisal: Lodging of public interest disclosure Disclosures made by public officers (a) the head of the government agency; (b) theAnti-Corruption Commission; (c) the Police Public Complaints Authority: (d) the Judicial ComplaintsAuthority; (e) the Drug Enforcement Commission; (I) the Investigator-General; and (g) the Auditor-General.

Section 23Verify source

§ 24(!) A disclosure by a public officer shall be made toCommencement

A public officer must make disclosures to the listed authorities or officers, following the procedure set by the authority concerned.

24. (!) A disclosure by a public officer shall be made to (a) an investigating authority; (b) the principal officer of a government agency or investigating authority or other public officer of a government agency; (c) another officer of the government agency or investigating authority to which the public officer belongs; or (d) an officer of the government agency or investigating authority to which the disclosure relates; in accordance with any procedure established by the authority concerned for the reporting of allegations of corrupt conduct, maladministration or serious and substantial waste of public money by that authority or any of its officers. (2) A disclosure is protected by this Act even if it is made about conduct or activities engaged in, or about matters arising, before the commencement of this Act. (3) A disclosure made while a person was a public officer is protected by this Act even if the person who made it is no longer a public officer. Public Interest Disclosure (Pivtection of Whistleblowers) [No. 4 of 2010 35 ( 4) A disclosure made about the conduct of a person while the person was a public officer is protected by this Act even if the person is no longer a public officer.

Section 24Verify source

§ 25{I) To be protected by this Act, a disclosure shall be madeProvision

To be protected by this Act, a disclosure must be made voluntarily.

25. {I) To be protected by this Act, a disclosure shall be made voluntarily. (2) A disclosure is not made voluntarily for the purposes of this section if it is made by a public officer in the exercise of a duty imposed on the public officer by, or under, any law. (3) A disclosure is made voluntarily for the purposes of this section if it is made by a public officer in accordance with a code of conduct, however described, adopted by an investigating authority or government agency and setting out rules or guidelines to be observed by public officers for reporting corrupt conduct, maladministration or serious and substantial waste of public money by investigating authorities, government agencies or public officers. (4) A disclosure made by a member of the Zambia Police Force is made voluntarily for the purposes of this section even if it relates to the same conduct as an allegation that the member of the Zambia Police Force has made in performance of a duty imposed on the member by, or under, the Zambia Police Act or any other law. (5) A disclosure made by a prison officer, within the meaning of the PrisonsAct is made voluntarily for the purposes of this section even if it relates to the same conduct as an allegation that the prison officer has made in the performance of a duty imposed on the prison officer by, or under, that Act or any other law.

Section 25Verify source

§ 26To be protected by thisAct, a disclosure by a public officerProvision

A public officer’s disclosure is protected only if it is made to the right body and follows the relevant Act, and the disclosure must concern corrupt conduct or maladministration as described here.

26. To be protected by thisAct, a disclosure by a public officer to the Anti-Corruption Commission shall be made in accordance with the Anti-Corruption Commission Act and be a disclosure of information that shows or tends to show that a government agency or another public officer has engaged, is engaged or intends to engage in corrupt conduct. 2 7. To be protected by this Act, a disclosure by a public officer to the Investigator-General shall- (a) be made in accordance with the Commission for InvestigationsAct; and Disclosures to be made voluntarily Cap. 107 Cap. 97 Disclosure concerning corrupt conduct Cap. 9 1 Disclosure to Investigator General concerning maladminislralion Cap. 39 36 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers) (b) be a disclosure of information that shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on a government agency or another public officer, the government agency or public officer has engaged, is engaged or intends to engage in conduct of a kind that amounts to maladministration.

Section 26Verify source

§ 28To be protected by thisAct, a disclosure by a public officerProvision

A public officer’s disclosure to the Auditor-General is protected if it is information showing, or tending to show, serious and substantial waste of public money contrary to the Public Finance Act, 2004.

28. To be protected by thisAct, a disclosure by a public officer to the Auditor-General shall be a disclosure of information that shows or tends to show that an authority or officer of an authority has seriously and substantially wasted public money contrary to the provisions of the Public Finance Act, 2004.

Section 28Verify source

§ 29To be protected by this Act, a disclosure by a publicProvision

A public officer’s disclosure to the Police Public Complaints Authority is protected only if it follows the Zambia Police Act and concerns corrupt conduct, maladministration, or serious and substantial waste of public money by a police officer.

29. To be protected by this Act, a disclosure by a public officer to the Police Public Complaints Authority shall- (a) be made in accordance with the Zambia Police Act; and (b) be a disclosure that shows or tends to show corrupt condnct, maladministration or serious and substantial waste of public money by a police officer.

Section 29Verify source

§ 30(!) To be protected by this Act, a disclosure by a publicProvision

A public officer’s disclosure to the Minister responsible for local authority is protected only if it follows the Local Government Act and concerns information showing serious and substantial waste of local authority money.

30. (!) To be protected by this Act, a disclosure by a public officer to the Minister responsible for local authority shall- (a) be made in accordance with the Local Government Act; and (b) be a disclosure of information that shows or tends to show serious and substantial waste of local authority money by any one or more of the following: (i) a local authority; (ii) a delegate of a local authority; Disclosure to Auditor General concerning serious and substantial waste Act No. 15 of2004 Disclosure concerning police officer Cap. 107 Disclosure concerning serious and substantial waste in local government Cap. 281 Cap. 28 1 GovernmentAct; and (iii) a councillor, within the meaning of the Local (2) (iv) a member of staff of a local authority. In this section, "local authority money" includes all revenue, loans and other money collected, received or held by, for or on account of a local authority. Public Interest Disclosure (Pivtection of Whistleb/owers) [No. 4 of 2010 37

Section 30Verify source

§ 31{I) A disclosure by a public officer to the Anti-CorruptionProvision

Public officers’ disclosures to the Anti-Corruption Commission about specified maladministration or waste of public money are protected, and the Commission may investigate and report on matters raised by those disclosures.

31. {I) A disclosure by a public officer to the Anti-Corruption Commission that shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on a head or officer of any investigating authority, the head or the officer of the investigating authority has engaged, is engaged or intends to engage in conduct that amounts to maladministration is protected by this Act. Disclosures about investigating authorities (2) The Anti-Corruption Commission may investigate, and report, in accordance with theAnti-Corruption Commission Act on any matter raised by a disclosure made to it under subsection (!). Cap. 91 Cap. 91 (3) N otwithstanding section eleven, a disclosure by a public officer to the I nvestigator-General or Anti-Corruption Commission that shows or tends to show that theAuditor-General or a member of the staff of the Auditor-General has seriously and substantially wasted public money is protected by this Act. (4) The Anti-Corruption Commission may investigate, and report, in accordance with the Anti-Corruption Commission Act on any matter raised by a disclosure made to it that is of a kind referred to in subsection (3). (5) For the purposes of any investigation under subsection ( 4), theAnti-Corruption Commission may engage consultants or other persons for the purpose of getting expert assistance. (6) Notwithstanding section ten, a disclosure by a public officer to the Anti-Corruption Commission that shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on the Inspector-General or Commissioner of Police, the Inspector-General or Commissioner of Police has engaged or intends to engage in conduct that amounts to corrupt conduct or maladministration or has seriously and substantially wasted public money is protected by this Act. (7) The Anti-Corruption Commission may investigate, and Cap. 91 report, in accordance with theAnti-Corruption CommissionAct on any matter raised by a disclosure made to it in subsection (6). (8) A disclosure referred to in this section is protected by this Act only if it satisfies all other applicable requirements of this Part. 38 No. 4 of 2010] Public Interest Disclosure (P1vtectio11 of Whistleblowers) Disclosures to public officers

Section 31Verify source

§ 32( 1) To be protected by this Act, a disclosure by a publicProvision

Public officers may refer whistleblowing disclosures for investigation or other action, and in one case must refer them on; disclosures are protected only if they concern corrupt conduct, maladministration, or serious and substantial waste of public money.

32. ( 1) To be protected by this Act, a disclosure by a public officer to the principal officer, or other public officer, of a government agency shall be a disclosure of information that shows or tends to show corrupt conduct, maladministration or serious and substantial waste of public money by the government agency or any of its officers or by another government agency or any of its officers. (2) To be protected by this Act, a disclosure by a public officer to - (a) another officer of the government agency to which the public officer belongs; or (b) an officer of the government agency to which the disclosure relates; in accordance with any procedure established by the government agency for the reporting of allegations of corrupt conduct, maladministration or serious and substantial waste of public money by that government agency or any ofits officers shall be a disclosure of information that shows or tends to show the corrupt conduct, maladministration or serious and substantial waste, whether by that government agency or any ofits officers or by another government agency or any of its officers. (3) A public officer may refer any disclosure concerning an allegation of corrupt conduct, maladministration or serious and substantial waste made to the public officer to an investigating authority, or a principal officer or other public officer of a government agency considered by the public officer to be appropriate in the circumstances, for investigation or other action. If the public officer to whom the disclosure referred to in subsection (I) is made does not belong to the investigating authority to which the disclosure relates, the public officer shall refer the disclosure to the principal officer or other public officer of a government agency, for investigation or other action. (4) (5) A public officer may communicate to an investigating authority or principal officer or other public officer of a government agency to whom a matter is referred under subsection ( 4), any information the public officer has obtained during the investigation of the matter. Public Interest Disclosure (Pmtection of Whistleblowers) [No. 4 of 2010 39 (6) I n this section, " government agency " includes an investigating authority.

Section 32Verify source

§ 33(I) A disclosure is protected by this Act if it is made by aProvision

A disclosure is protected when a public officer makes it to an investigating authority, or to another public officer under section 24(b) or (c), and it is then referred onward in the stated ways.

33. (I) A disclosure is protected by this Act if it is made by a public officer to an investigating authority and is referred, whether because it is not authorised to investigate the matter under the relevant investigationAct or otherwise, by the investigating authority to another investigating authority or to a public officer or government agency: (2) A disclosure is protected by this Act if it is made by a public officer to another public officer in accordance with paragraph (b) or (c) of section twenty-four and is referred under Part II by the other public officer to an investigating authority or to another public officer or government agency.

Section 33Verify source

§ 34(I) An investigating authority, a principal officer or otherProvision

Certain officials may refuse or stop investigating a disclosure if they believe it was made maliciously, frivolously, vexatiously, in bad faith, for pecuniary gain, or for an illegal purpose.

34. (I) An investigating authority, a principal officer or other public officer of a government agency, may decline to investigate or may discontinue the investigation of any matter raised by a disclosure made to the authority or public officer of a kind referred to in this Part if the investigating authority or officer is of the opinion that the disclosure was made maliciously, frivolously, vexatiously, in bad faith, for pecuniary gain or for an illegal purpose. (2) A disclosure referred to in subsection (I) is not, despite any other provision of this Part, protected by this Act if an investigating authority or officer declines to investigate or discontinues the investigation of a matter under this section.

Section 34Verify source

§ 35(!) A disclosure made by a public officer that principallyProvision

A public officer’s disclosure is not protected by this Act if it mainly questions government policy.

35. (!) A disclosure made by a public officer that principally involves questioning the merits of government policy is not, despite any other provision of this Part, protected by this Act. (2) In this section, "government policy" inclndes the policy of a local authority.

Section 35Verify source

§ 36A disclosure that is made solely or substantially with theProvision

A disclosure made mainly to avoid dismissal or other discipline is not a protected disclosure.

36. A disclosure that is made solely or substantially with the motive of avoiding dismissal or other disciplinary action, not being disciplinary action taken in reprisal for the making of a protected . disclosure, is not, notwithstanding any other provision of this Part, a protected disclosure.

Section 36Verify source

§ 37Any disclosure made to a legal practitioner with the objectProvision

A disclosure to a legal practitioner for the purpose of getting legal advice is protected.

37. Any disclosure made to a legal practitioner with the object of, and in the course of, obtaining legal advice, is a protected disclosure. Referred disclosures protected Disclosures made on frivolous or other grounds Disclosures concerning merits of government policy Disclosures motivated by object of avoiding disciplinary action Protected disclosure to legal practitioner 40 No. 4 of 2010) Public Interest Disclosure (Protection of Wlzistleblowers) Protected disclosure to employer Protected disclosure to certain persons or bodies

Section 37Verify source

§ 38(1) Any disclosure made in good faithProvision

A disclosure made in good faith can be a protected disclosure if it follows the employer’s reporting/remedy procedure, or if there is no such procedure, if it is made to the employer.

38. (1) Any disclosure made in good faith- (a) and substantially in accordance with any procedure prescribed, or authorised by the employee's employer for reporting or otherwise remedying the impropriety; or (b) to the employer of the employee, where there is no procedure as contemplated in paragraph (a); is a protected disclosure. (2) Any employee who, in accordance with a procedure authorised by the employer, makes a disclosure to a person other than the employer, is deemed, for the purposes of this Act, to be making the disclosure to the employer.

Section 38Verify source

§ 39(1)Commencement

An investigating authority must set up public-interest disclosure procedures within 12 months after commencement, and related bodies must help employees comply when needed.

39. (1) Any disclosure made in good faith to a person or body prescribed for purposes of this Act and in respect of which an employee reasonably believes that - (a) the relevant impropriety falls within any description of matters which, in the ordinary course are dealt with by the person or body; and (b) the information disclosed, and any allegation contained in it, are substantially true; is a protected disclosure. (2) A person or body referred to in, or prescribed in terms of, subsection (I) who is of the opinion that the matter would be more appropriately dealt with by another person or body referred to in, or prescribed in terms of, that subsection, shall render such assistance to the employee as is necessary to enable that employee to comply with this section. PART IV PROVISIONS REL,';J"JNG TO lNvESTIG,';J"JNG AUTHORITIES Procedures by investigating authorities on public interest disclosures 4 0. (1) An investigating authority shall, within twelve months after the commencement of this Act, establish procedures - (a) to facilitate the making of public interest disclosures; and (b) to deal with public interest disclosures that it is the proper authority to receive. Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of 2010 41 (2) The procedures to be established under subsection (I) shall include procedures dealing with the following: (a) making public interest disclosures; (b) assisting and providing information to a person who is considering making or who makes a public interest disclosure; (c) protecting a person who makes a public interest disclosure from unlawful reprisals, including unlawful reprisals taken by public officers in relation to the government agency; and (d) acting on public interest disclosures.

Section 39Verify source

Part

PART IV

§ 40Procedures by investigating authorities on public interestProvision

This section is about procedures used by investigating authorities for public interest disclosures.

40. Procedures by investigating authorities on public interest disclosures

Section 40Verify source

§ 41Report on disclosuresProvision

Section 41 is titled “Report on disclosures” in Part V, “Protections Against Reprisals.”

41. Report on disclosures PART V PROTECTIONS AGAINST REPRJSALS

Section 41Verify source

§ 41An investigating authority that is required by an Act to Report onProvision

An investigating authority required by an Act to report must prepare an annual report for Parliament and include a description of its established procedures and any other prescribed information.

41. An investigating authority that is required by an Act to Report on prepare an annual report of its activities during a year for tabling disclosures before Parliament shall include in the report a description of the procedures established by it under section/or(}! and such other information as may be prescribed. Protection against reprisals PART V PROTECTION AGAINST REPRISALS

Section 41Verify source

Part

PART V

§ 44Non-disclosure of person's identityProvision

Section 44 is titled “Non-disclosure of person's identity” and appears in Part VI, “Unlawful Reprisals.”

44. Non-disclosure of person's identity PART VI UNLAWFUL REPRISALS

Section 44Verify source

§ 42(1) A person who takes any detrimental action that is inOffence

A person who retaliates against someone for making a protected disclosure commits an offence and may be fined, imprisoned for up to two years, or both.

42. (1) A person who takes any detrimental action that is in reprisal for a person who makes a protected disclosure commits an offence, and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (2) A civil proceeding in respect of a detrimental action under this section may be instituted at any time within three years after the detrimental action is alleged to have been committed. (3) In this section, "detrimental action" means action causing, comprising or involving any of the following: (a) injury, damage or loss; (b) intimidation or harassment; (c) discrimination, disadvantage or adverse treatment in relation to employment; (d) dismissal from, or prejudice in, employment; or (e) disciplinary proceeding. 42 No. 4 of2010) Public Interest Disclosure (Protection of Whistleblowers) Protection against actions Cap. I l l Non disclosure of person's identity

Section 42Verify source

§ 43(!) A person is not subject to any liability for making aProvision

A person who makes a protected disclosure in good faith is not liable for doing so.

43. (!) A person is not subject to any liability for making a protected disclosure in good faith and no action, claim or demand shall be taken or made of or against the person for making the disclosure. (2) Subject to the State Security Act, this section has effect despite any duty of secrecy or confidentiality or any other restriction on disclosure, whether or not imposed by an Act, applicable to a person.

Section 43Verify source

§ 44An investigating authority, an officer of an investigatingProvision

Certain investigating authorities and public officers must not disclose information that could identify a person who made a protected disclosure, unless a stated exception applies.

44. An investigating authority, an officer of an investigating authority or public officer to whom a protected disclosure is made or referred shall not disclose information that might identify or tend to identify a person who has made any protected disclosure unless - (a) the person consents in writing to the disclosure of that information; (b) it is essential, having regard to the principles of natural justice, that the identifying information be disclosed to a person whom the information provided by the disclosure may concern; or (c) the investigating authority, public authority or public officer is of the opinion that disclosure of the identifying information is necessary to investigate the matter effectively or it is otherwise in the public interest to do so. PART VI Employer to protect its officers against reprisals Prohibition of unlawful reprisal UNLAWFUL REPRISALS

Section 44Verify source

Part

PART VI

§ 45Employer to protect its officers against reprisalsProvision

Section 45 is about an employer protecting its officers against reprisals.

45. Employer to protect its officers against reprisals

Section 45Verify source

§ 48Consent to relocationProvision

Section heading: “Consent to relocation.”

48. Consent to relocation PART VII REMEDIES

Section 48Verify source

§ 45Within six months of the commencement of this Act, anCommencement

An employer must set up procedures to protect employees from reprisals within six months after this Act starts.

45. Within six months of the commencement of this Act, an employer shall establish procedures to protect its employees from reprisals that are, or may be, taken against them.

Section 45Verify source

§ 46(I) A person shall not engage, or attempt or conspire toOffence

A person must not engage, attempt, or conspire to engage in an unlawful reprisal. If someone contravenes that rule, it is an offence with penalties on conviction. The employer must arrange relocation in certain whistleblower-protection circumstances, and the employing agency must cover reasonable relocation expenses and maintain equivalent salary and duties where relocation occurs.

46. (I) A person shall not engage, or attempt or conspire to engage, in an unlawful reprisal. (2) Any person who contravenes subsection (1) commits an offence and is liable, upon conviction, if the offender is a natural person, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both, or if the offender is a body corporate, to a fine not exceeding seven hundred thousand penalty units. • • • Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of 2010 43 4 7. ( 1) Where an employee applies in writing to the employer Relocation for relocation and the employer considers- powers (a) that there is a danger that a person will engage in an unlawful reprisal in relation to the employee if the employee continues to hold the employee's current position; and (b) that the only practical means ofremoving or substantially removing the danger is relocation of the employee to another position in an employing agency; the employer shall, as far as practicable, make arrangements for relocation of the employee to another position in the employing agency. (2) Where an employee is relocated in accordance with this section, the employing agency of the employee being relocated shall- (a) meet all reasonable relocation expenses; and (b) take all reasonable steps to ensure that the employee is placed in a position of equivalent level of salary and duties. 4 8. Section Jorry-seven does not authorise the relocation of Consent to relocation an employee in relation to an employer to another position in the employing agency without the consent of the employee. PART VII REMEDIES

Section 46Verify source

Part

PART VII

§ 51Application for injunction or orderProvision

This section concerns an application for an injunction or an order requiring action.

51. Application for injunction or order Injunction or order to take action

Section 51Verify source

§ 53Undertakings as to damages and costsProvision

Section title: undertakings as to damages and costs.

53. Undertakings as to damages and costs • \ Public Interest Disclosure (P,vtection of Whistleblowers) [No. 4 of 2010 17 PART VIII GENERAL i'ROVISIONS

Section 53Verify source

§ 49( 1) Any employee who has been subjected, is subject or RemediesProvision

Employees affected by a breach of section 10 may seek relief in court, including the Industrial and Labour Relations Court, or use any other lawful process.

49. ( 1) Any employee who has been subjected, is subject or Remedies may be subjected, to any occupational detriment in breach of section ten, may- (a) apply to any court havingjurisdiction, including the Industrial and Labour Relations Court for appropriate relief; or (b) pursue any other process allowed or prescribed by any law. (2) For the purposes of the Industrial and Labour Relations Cap. 269 Act, including the consideration of any matter emanating from this Act by the Industrial and Labour Relations Court- (a) any dismissal in breach of section ten is deemed to be an unfair dismissal; and 44 No. 4 of 2010] Public Interest Disclosure (Prote ction of Whistle blowers) (b) any other occupational detriment in breach of section ten is deemed to be an unfair labour practice. (3) Any employee who has made a protected disclosure and who reasonably believes that the employee may be adversely affected on account of having made that disclosure, shall, at that employee's request and if reasonably possible or practicable, be transferred from the post or position occupied by that employee at the time of the disclosure, to another post or position in the same division or another division of the employer or, where the person making the disclosure is employed by a government agency to another government agency. (4) The terms and conditions of employment of a person transferred in terms of subsection (3) shall not, without the person's written consent, be less favourable than the terms and conditions applicable to that person immediately before the person's transfer. 1 • Liability in damages

Section 49Verify source

§ 50( 1) A person who engages in an unlawful reprisal is liableProvision

A person who engages in an unlawful reprisal is liable in damages to anyone who suffers detriment from it.

50. ( 1) A person who engages in an unlawful reprisal is liable in damages to any person who suffers detriment as a result of the unlawful reprisal. Application for injunction or order Cap. 71 (2) The damages referred to under subsection (1) may be recovered in an action in any court of competent jurisdiction. 5 1 . Subject to the State Proceedings Act, an application to a court for an injunction or order under sectionfifty-two may be made- (a) by a person claiming that the person is suffering or may suffer detriment from an unlawful reprisal; or (b) by the Investigator-General on behalf of a person referred to in paragraph (a). Injunction or order to take action

Section 50Verify source

§ 52(1) If, on receipt ofan application under sectionfifty-one,Provision

A court can order remedies or injunctions if it is satisfied a person has engaged in, or is proposing, an unlawful reprisal or related conduct.

52. (1) If, on receipt ofan application under sectionfifty-one, a court is satisfied that a person has engaged, or is proposing to engage, m - (a) an unlawful reprisal; or (b) conduct that amounts to or would amount to- (i) aiding, abetting, counselling or procuring a person to engage in an unlawful reprisal; (ii) inducing or attempting to induce, whether by threats, promises or otherwise, a person to engage in an unlawful reprisal; or I • Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of 2010 45 (iii) being in any way, directly or indirectly, knowingly concerned in, or party to, an unlawful reprisal; the court may- ( a) order the person to take specified action to remedy any detriment caused by the unlawful reprisal; or (b) grant an injunction in terms the court considers appropriate. (2) A court may, pending the final determination of an application under section fifty-one, make an interim order or grant an interim injunction. (3) A court may grant an injunction or an interim injunction under this section whether or not the person has previously engaged in conduct of that kind. ( 4) A court may make an order or an interim order under this section requiring a person to take specified action, whether or not the person has previously refused or failed to take that action.

Section 52Verify source

§ 53(I) If the I nvestigator-General applies under sectionfiftyProvision

The Investigator-General does not need to give an undertaking as to damages or costs when applying under section 51 for an injunction or order.

53. (I) If the I nvestigator-General applies under sectionfifty one for an injunction or order, no undertaking as to damages or costs is required. Undertakings as to damages and costs (2) The I nvestigator-General may give an undertaking as to damages or costs on behalf of a person applying under sectionfifty one and, in that event, no further undertaking is required. PART VIII GENERAL l'RovrsroNs

Section 53Verify source

Part

PART VIII

§ 54Prohibition of disclosure ofinformationProvision

This provision is about a prohibition on disclosure of information.

54. Prohibition of disclosure ofinformation

Section 54Verify source

§ 58Notification to person making disclosureProvision

Section 58 is about notification to the person making a disclosure.

58. Notification to person making disclosure -

Section 58Verify source

§ 59RegulationsInterpretation

This provision defines terms used in the whistleblower disclosure Act.

59. Regulations Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of2010 21 (g) a conspiracy or attempt to engage in conduct referred to in paragraphs (a) to (e) inclusive; " disclosure " means any communication or release of information regarding any disclosable conduct of any person, a public officer or employer made by an employee or any person who has reason to believe that the information shows or tends to show one or more of the following: (a) that a criminal offence has been committed, is being committed or is likely to be committed; (b) that a person has failed, is failing or is likely to fail to comply with any obligation to which that person is subject; (c) that a miscarriage of justice has occurred, is occurring or is likely to occur; (d) that the health or safety of any person has been, is being or is likely to be endangered; (e) that the environment has been, is being or is likely to be endangered; or (f) that any matter referred to in paragraphs (a) to (e) has been, is being or is likely to be deliberately concealed; " employee " means- (a) any person, excluding an independent contractor, who works for another person, whether incorporated or not, or for a government agency, and who receives, or is entitled to receive, any remuneration; or (b) any other person who in any manner assists in carrying on or conducting the business of an employer; "employer" means any person- (a) who employs or provides work for another person and who remunerates or expressly or tacitly undertakes to remunerate that other person; or (b) who permits any other person in any manner to assist in the carrying on or conducting of the person's business, including any person acting on behalf of or on the authority of such employer; " exercise " in relation to a function includes, where the function is a duty, the performance of the duty; " function " includes power, authority or duty; 22 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers) " government agency " means - (a) a Government department, Ministry or institution; (b) a statutory body, local authority, organisation or agency established under any law; (c) .a body, organ or institution incorporated under any law or established by Government for any public purpose; (d) a body, organ or institution owned by Government or in which Government has any interest or is under Government control; or (e) any other functionary or institution- (i) exercising a power or performing a duty in terms of the Constitution or any other law; or (ii) exercising a public power or performing a public function in terms of any law; " impropriety " means any conduct which falls within any of the categories referred to in paragraphs (a) to (g) of the definition of"disclosable conduct", irrespective of whether or not - (a) the impropriety occurs or occurred in the Republic of Zambia or elsewhere; or (b) the law applying to the impropriety is that of the Republic of Zambia or of another country; " investigate" includes inquire or audit; "investigation Act" means- (a) in relation to the Auditor -General, the Constitution; (b) in relation to the Investigator-General, the Commission for Investigations Act; (c) the Public Finance Act, 2004; (d) the Zambia Police Act; (e) the Narcotic Drugs and Psychotrophic Substances Act; (f) the Judicial Code ofConductAct, 1999; (g) the Anti-Corruption CommissionAct; and (h) the Prohibition and Prevention of Money Laundering Act, 2001; Cap. 1 Cap. I Cap. 39 Act No. 15 of2004 Cap. 107 Cap. 96 Act No. 13 of 1999 Cap.91 Act No. 14of 2001 Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of 2010 23 Cap. 30 Cap. 281 " investigating authority" means (a) theAuditor-General; (b) the Anti-Corruption Commission; (c) the Drug Enforcement Commission; (d) the Investigator-General; (e) the Police Public Complaints Authority; (j) the Judicial Complaints Authority; or (g) any other person or body prescribed under this Act or any other law; " legal practitioner " has the meaning assigned to it in the Legal Practitioners Act; " local authority" means any municipal, district or city council established under the Local GovernmentAct; " maladministration" means any conduct that involves action or inaction of a serious nature that is - (a) contrary to the law; (b) unreasonable, unjust, oppressive or discriminatory; or (c) based wholly or partly on improper motives; " occupational detriment " in relation to the working environment of an employee, means the employee - (a) being subjected to any disciplinary action; (b) being dismissed, suspended, demoted, harassed or intimidated; (c) being transferred against the employee's will; (d) being refused transfer or promotion; (e) being subjected to a term or condition of employment or retirement which is altered or kept altered to the employee's disadvantage; (j) being refused a reference or being provided with an adverse reference, from the employer; (g) being denied appointment to any employment, profession or office; (h) being threatened with any of the actions referred to in paragraphs (a) to (g); or (i) being otherwise adversely affected in respect of employment, profession or office, including employment opportunities and work security; 24 No. 4 of 2010] Public Interest Disclosure (P,vtection of Whistleblowers) " Parliament " means the Parliament of Zambia; " protected disclosure " means a disclosure made to-- (a) a legal practitioner in accordance with section thirty seven; (b) an employer in accordance with section thirty-eight; (c) a person or body in accordance with section thirty nine; or (d) any other person or body in accordance with Part III, but does not include a disclosure- (i) in respect of which the employee making the disclosure commits an offence by making that disclosure; or (ii) made by a legal practitioner to whom the information was disclosed in the course of obtaining legal advice in accordance with section thirty-seven; " public interest disclosure " means a disclosure of information made by any person or an employee, regarding any conduct of any person or an employer, or an employee of that employer, that the person making the disclosure believes on reasonable grounds shows or tends to show one or more of the following: (a) that a person has engaged, is engaging, or proposes to engage, in disclosable conduct; (b) public wastage; (c) conduct involving substantial risk or danger to the environment; (d) that a person has engaged, is engaging, or proposes to engage, in an unlawful reprisal; (e) that a public officer has engaged, is engaging, or proposes to engage, in conduct that amounts to a substantial and specific danger to the health or safety of the public; (f) that a criminal offence has been committed, is being committed or is likely to be committed; (g) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject; Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of2010 25 occurring or is likely to occur; or (h) that a miscarriage of justice has occurred, is (i) that any matter referred to in paragraphs (a) to (h) has been, is being or is likely to be deliberately concealed; " public officer " means- (a) an employee of a government agency, including an agency head; (b) a person employed by, oron behalfof, a government agency or in the service of an investigating authority, whether under a contract of service or a contract for services, or a person who has ceased to perform those services; or (c) a person otherwise authorised to perform functions on behalf of a government agency or an appropriate authority; "public wastage" means conduct by a public officer that amounts to negligent, incompetent or inefficient management within, or of, any government agency resulting, or likely to result, directly or indirectly, in a substantial waste of public funds or resources; " serious and substantial waste " includes uneconomical, inefficient or ineffective use of public funds or resources, whether authorised or unauthorised, which results in a loss or wastage of public funds or resources, having regard to the nature and materiality of the wastage; and "unlawful reprisal" means conduct that causes, or threatens to cause, detriment- (a) to a person directly because a person has made, or may make, a public interest disclosure; or (b) to a public officer directly because the public officer has resisted attempts by another public officer to involve the officer in the commission of an offence.

Section 59Verify source

§ 3(1) This Act applies to any disclosure made after the date ApplicationCommencement

This section says the Act applies to disclosures made after it comes into operation, including where the impropriety happened before or after that date, and it also applies to listed public and private bodies.

3. (1) This Act applies to any disclosure made after the date Application on which it comes into operation, irrespective of whether or not the impropriety occurred before or after that date. (2) For the avoidance of doubt, this Act applies to any government agency, any private or public company, institution, organisation, body or organ registered, established or incorporated under any law.

Section 3Verify source

§ 4Any provision in a contract of employment or other \bidProvision

Some terms in an employment contract or related agreement are void if they try to exclude this Act or stop or discourage a protected disclosure.

4. Any provision in a contract of employment or other \bid agreement between an employer and an employee is void in so far as it- contracts (a) purports to exclude any provision ofthis Act, including an agreement to refrain from instituting or continuing any proceedings under thisAct or any proceedings for breach of contract; or 26 No. 4 of 2010] Public Interest Disclosure (Protection of Whistleblowers) (b) purports to preclude the employee or has the effect of discouraging the employee, from making a protected disclosure. Disclosures during proceedings

Section 4Verify source

§ 5Section 5Provision

If information that may amount to a public interest disclosure is disclosed in court or tribunal proceedings, the court or tribunal must refer it to an investigating authority.

5. Ifinformation that could amount to a public interest disclosure is disclosed in the course of any proceedings of a court or tribunal, the court or tribunal shall refer the information to an investigating authority. Other protection preserved

Section 5Verify source

§ 6{l) This Act does not limit the protection given by any otherProvision

This section preserves other legal protections and remedies for a person who makes a public interest disclosure, and it leaves Parliament’s rights and privileges unchanged.

6. {l) This Act does not limit the protection given by any other law to a person who makes a public interest disclosure or prejudice any other remedy available to the person under that law. Liability of agent of State Legal professional privilege Relationship of Act with other Acts (2) Nothing in this Act affects the rights and privileges of Parliament in relation to the freedom of speech, and debates and proceedings, in Parliament.

Section 6Verify source

§ 7An agent of the State who commits an offence under thisOffence

An agent of the State who commits an offence under the Act is liable for the penalty for that offence.

7. An agent of the State who commits an offence under this Act is liable for the penalty for the offence.

Section 7Verify source

§ 8Nothing in this Act shall be taken to entitle a person toProvision

This provision says the Act does not give a person a right to disclose information covered by legal professional privilege.

8. Nothing in this Act shall be taken to entitle a person to disclose information which would otherwise be the subject oflegal professional privilege.

Section 8Verify source

§ 9( 1) This Act prevails, to the extent of any inconsistency, overProvision

This provision says the Act overrides inconsistent investigation Acts, limits when investigating authorities may investigate complaints, and prohibits employers from penalising employees for protected disclosures.

9. ( 1) This Act prevails, to the extent of any inconsistency, over the provisions of any investigation Act. (2) Notwithstanding subsection (!), nothing in this Act otherwise limits or affects the operation of any Act or the exercise of the functions conferred or imposed on an investigating authority or any other person or body under it. (3) Nothing in thisAct authorises an investigating authority to investigate any complaint that it is not authorised to investigate under the relevant investigation Act. (4) Nothing in this Act affects the proper administration and management of an investigating authority or public authority, including action that may or is required to be taken in respect of the salary, wages and conditions of employment or discipline of a public officer, subject to the following: (a) detrimental action is not to be taken against a person ifto do so would be in contravention of this Act; and (b) beneficial treatment is not to be given in favour of a person if the purpose, or one of the purposes for · doing so is to influence the person to make, to refrain from making, or to withdraw a disclosure. Public Interest Disclosure (Pmtection of Whistleblowers) [No. 4 of 2010 27 PART II PUBLIC INTEREST DISCLOSURES 1 0. An employer shall not subject an employee to any occupational detriment on account, or partly on account, of the employee having made a protected disclosure or public interest disclosure. Employee not to be subjected to occupational detriment

Section 9Verify source

§ 54(1)Offence

Public officers must not, without reasonable excuse, record or disclose confidential information gained through their work on this Act.

54. (1) A public officer shall not, without reasonable excuse, make a record of, or wilfully disclose to another person, confidential information gained through the public officer's involvement in the administration of this Act. Prohibition of disclosure of information (2) Any person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (3) Subsection (1) shall not apply to a public officer who makes a record of, or discloses, confidential information- (a) to another person for the purposes of this Act; r. ... • 46 No. 4 of 2010] Public Interest Disclosure (Protection of Wlzistleblowers) False or misleading information Limitation of liability (b) to another person, if expressly authorised under any other law; or (c) for the purposes of a proceeding in a court or tribunal. ( 4) In this section, " confidential information " means- (a) information about the identity, occupation or whereabouts of a person who has made a public interest disclosure or against whom a public interest disclosure has been made; (b) information contained in a public interest disclosur.e; (c) information concerning an individual's personal affairs; or (d) information that, if disclosed, may cause detriment to a person.

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§ 55(!) A person shall not knowingly or recklessly make aOffence

A person must not knowingly or recklessly make a false or misleading statement to an investigating authority if it is intended to be acted on as a public interest disclosure.

55. (!) A person shall not knowingly or recklessly make a false or misleading statement, orally or in writing, to any investigating authority with the intention that it be acted on as a public interest disclosure. (2) Any person who contravenes subsection (I) commits an offence and is liable, upon conviction, if the offender is a natural person, to a fine not exceeding seven hundred thousand penalty units· or to imprisournent for a period not exceeding seven years, or to both, or if the offender is a body corporate, to a fine not exceeding one million penalty units.

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§ 56(!) A person is not subject to any liability for making aProvision

A person who makes a public interest disclosure in good faith, or gives related information to an investigating authority, is protected from liability and may rely on absolute privilege in defamation proceedings.

56. (!) A person is not subject to any liability for making a public interest disclosure in good faith or providing any further information in relation to the disclosure to an investigating authority investigating it, and no action, claim or demand shall be taken or made of or against the person for making the disclosure or providing the further information. (2) Without limiting subsection ( ! ), in proceedings for defamation, a person has a defence of absolute privilege in respect of the making of a public interest disclosure, or the provision of further information in relation to a public interest disclosure, to an investigating authority. (3) The defence of absolute privilege is not available where the making of a public interest disclosure is frivolous, vexatious or otherwise meets the conditions specified in section thirteen. Public Interest Disclosure (Protection of Whistleblowers) [No. 4 of2010 47

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§ 57A person's liability for the person's own conduct is notProvision

A person's liability for their own conduct is not changed by disclosing that conduct in a public interest disclosure.

57. A person's liability for the person's own conduct is not affected by the person's disclosure of that conduct in a public interest disclosure.

Section 57Verify source

§ 58An investigating authority or principal officer, or otherProvision

A government agency officer who receives a disclosure must notify the person who made it about the action taken or proposed, within six months.

58. An investigating authority or principal officer, or other 5 public officer, of a government agency to whom a disclosure is made under this Act or, if the disclosure is referred, the investigating authority or principal officer, or other public officer, ofa government agency, to whom the disclosure is referred, shall notify the person who made the disclosure, within six months of the disclosure being 10 made, of the action taken or proposed to be taken in respect of the Liability of person disclosing Notification to person making disclosure disclosure.

Section 58Verify source

§ 59The Minister may, by statutory instrument, make RegulationsProvision

The Minister may make regulations by statutory instrument to better carry out this Act.

59. The Minister may, by statutory instrument, make Regulations regulations for the better carrying out of the provisions of this Act. 48

Section 59Verify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Act with other Act
Section 9
Auditor-General has seriously and substantially wasted public money is protected by this Act
Section 31

G–M

2 instruments

Industrial and Labour Relations Cap. 269 Act
Section 49
Money Laundering Act, 2001
Section 59

N–S

3 instruments

Public Finance Act, 2004
Section 28
State Legal professional privilege Relationship of Act
Section 6
State who commits an offence under this An agent of the State who commits an offence under the Act
Section 7

T–Z

2 instruments

Whistleblowers) Act, 2010
Section 1
Whistleblowers) Referral with investigation No referral Act
Section 15

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Public Interest Disclosure (Protection of Whistleblowers) Act, 2010

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9 referenced instruments

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