Document ID: chunk:federal_register_of_legislation:F2024C00766:reg:176j
Version: federal_register_of_legislation:F2024C00766
Segment Type: reg
Provision Reference: reg 176J
Character Range: 210856–212670

176J  Notice of investigation of disclosure
 (1) In accordance with subsection 337CC(2) of the Act, this regulation prescribes procedures to be followed and other matters in relation to investigations under Division 3 of Part 4A of Chapter 11 of the Act (the investigation provisions).
 (2) The authorised official to whom the handling of the disclosure is allocated must, as soon as reasonably practicable, inform the discloser of the following (whichever is applicable):
 (a) that the authorised official is required to investigate the disclosure;
 (b) that the authorised official has decided under subsection 337CA(2) of the Act and regulation 176G not to investigate the disclosure, or not to investigate the disclosure further.
 (3) If paragraph (2)(a) applies, the authorised official must inform the discloser of the estimated length of the investigation.
 (4) If paragraph (2)(b) applies, the authorised official must inform the discloser of:
 (a) the reasons for the decision; and
 (b) other courses of action that might be available to the discloser under other laws of the Commonwealth.
 (5) Despite paragraph (4)(a), the authorised official may delete from the reasons given to the discloser any reasons that would, if contained in a document, cause the document to be exempt for the purposes of Part IV of the Freedom of Information Act 1982.
 (6) Subregulation (2) does not apply if contacting the discloser is not reasonably practicable.
 (7) If:
 (a) the authorised official has decided under subsection 337CA(2) of the Act and regulation 176G not to investigate the disclosure, or not to investigate the disclosure further; and
 (b) the authorised official is not the General Manager;
the authorised official must inform the General Manager of the decision, and of the reasons for the decision.