Document ID: chunk:federal_register_of_legislation:C2024C00616:section:10
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 10
Character Range: 65031–67053

10                   Conduct of a kind prescribed by the PID rules.

 (2) Without limiting subsection (1), the following are also disclosable conduct:
 (a) conduct engaged in by a public official that involves, or is engaged in for the purpose of, the public official abusing his or her position as a public official;
 (b) conduct engaged in by a public official that could, if proved, give reasonable grounds for disciplinary action resulting in the termination of the official's engagement or appointment.
 (2A) Despite subsections (1) and (2), personal work‑related conduct is not disclosable conduct unless:
 (a) the conduct would constitute taking a reprisal against another person, or an offence under section 19 (reprisals in relation to disclosures—offences); or
 (b) the conduct:
 (i) is of such a significant nature that it would undermine public confidence in an agency (or agencies); or
 (ii) has other significant implications for an agency (or agencies).
Note 1: For personal work‑related conduct, see section 29A.
Note 2: For what constitutes taking a reprisal, see section 13.
 (2B) To avoid doubt, if a disclosure includes information that tends to show (or that may tend to show) disclosable conduct, the disclosure is not prevented from being a public interest disclosure only because:
 (a) the disclosure includes other information; and
 (b) the other information tends to show (or may tend to show) personal work‑related conduct.
 (3) For the purposes of this section, it is immaterial:
 (a) whether conduct occurred before or after the commencement of this section; or
 (b) if an agency has engaged in conduct—whether the agency has ceased to exist after the conduct occurred; or
 (c) if a public official has engaged in conduct—whether the public official has ceased to be a public official after the conduct occurred; or
 (d) if a contracted service provider has engaged in conduct—whether the contracted service provider has ceased to be a contracted service provider after the conduct occurred.