Document ID: chunk:federal_register_of_legislation:C2023A00023:clause:1_43:p2
Version: federal_register_of_legislation:C2023A00023
Segment Type: clause
Provision Reference: sch 1 cl 43 (pt 2/3)
Character Range: 13845–16695

decision under subsection (3) in relation to the allocation of a disclosure, the authorised officer must have regard to:
 (a) the principle that an agency should not handle the disclosure unless one or more of the following circumstances apply:
 (i) in any case—some or all of the conduct disclosed relates to the agency;
 (ii) if the agency is the Ombudsman—some or all of the conduct disclosed relates to an agency other than an intelligence agency, or ACIC or the Australian Federal Police in relation to that agency's intelligence functions or the IGIS;
 (iii) if the agency is the IGIS—some or all of the conduct disclosed relates to an intelligence agency, or ACIC or the Australian Federal Police in relation to that agency's intelligence functions;
 (iv) if the agency is an investigative agency (other than the Ombudsman or the IGIS)—the investigative agency has power to investigate the disclosure otherwise than under this Act; and
 (b) any other matters the authorised officer considers relevant, including:
 (i) whether subsection (8) applies (which deals with the allocation of a disclosure within the same portfolio as the recipient agency); and
 (ii) any recommendation of the Ombudsman or the IGIS under section 55 about the allocation of the disclosure.
 (6) Before making the decision, the authorised officer must also consider whether the obligation in subsection 60(1) (which is about informing the discloser of certain matters) has been satisfied in relation to the disclosure.

Disclosures involving examiners of ACIC
 (7) The authorised officer must not allocate a disclosure to the IGIS if the disclosure relates to action taken by an examiner of ACIC performing functions and exercising powers as an examiner.

Allocation to agency in same portfolio as the recipient agency
 (8) Without limiting the powers of the authorised officer under this section, the authorised officer may allocate the disclosure to another agency in the same portfolio as the recipient agency (for example, the recipient agency's portfolio Department) if the authorised officer considers that the other agency would be better able to handle the disclosure.
Note: The disclosure cannot be allocated to an agency other than the recipient agency without the consent of the other agency, or (if the allocation is made by an authorised officer belonging to an investigative agency) consultation with the other agency: see subsection (9).

Agency consultation or consent
 (9) The authorised officer may allocate the disclosure to an agency other than the recipient agency only if:
 (a) in a case in which the authorised officer belongs to an investigative agency—the authorised officer has consulted with an authorised officer in the agency to which the disclosure is to be allocated; or
 (b) in any other case—an authorised officer in the agency to which