Document ID: chunk:federal_register_of_legislation:C2024C00616:section:4:p1
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 4 (pt 1/2)
Character Range: 57408–60595

4                            Legal practitioner disclosure  An Australian legal practitioner                                    (a) The disclosure is made for the purpose of obtaining legal advice, or professional assistance, from the recipient in relation to the discloser having made, or proposing to make, a public interest disclosure.
                                                                                                                                (b) If the discloser knew, or ought reasonably to have known, that any of the information has a national security or other protective security classification, the recipient holds the appropriate level of security clearance.
                                                                                                                                (c) The information does not consist of, or include, intelligence information.

 (1A) A disclosure of information is also a public interest disclosure if:
 (a) the disclosure is made by a person who is, or has been, a public official; and
 (b) the information tends to show, or the discloser believes on reasonable grounds that the information tends to show, one or more instances of disclosable conduct; and
 (c) the disclosure is a NACC disclosure.
 (2) However, a disclosure made before the commencement of this section is not a public interest disclosure.
 (2A) A response to a disclosure investigation is taken, for the purposes of item 2 of the table in subsection (1), not to be inadequate to the extent that the response involves action that has been, is being, or is to be taken by:
 (a) a Minister; or
 (b) the Speaker of the House of Representatives; or
 (c) the President of the Senate.
 (3) In determining, for the purposes of item 2 of the table in subsection (1), whether a disclosure is not, on balance, contrary to the public interest, regard must be had to the following:
 (aa) whether the disclosure would promote the integrity and accountability of the Commonwealth public sector;
 (ab) the extent to which the disclosure would expose a failure to address serious wrongdoing in the Commonwealth public sector;
 (ac) the extent to which it would assist in protecting the discloser from adverse consequences relating to the disclosure if the disclosure were a public interest disclosure;
 (ad) the principle that disclosures by public officials should be properly investigated and dealt with;
 (ae) the nature and seriousness of the disclosable conduct;
 (a) any risk that the disclosure could cause damage to any of the following:
 (i) the security of the Commonwealth;
 (ii) the defence of the Commonwealth;
 (iii) the international relations of the Commonwealth;
 (iv) the relations between the Commonwealth and a State;
 (v) the relations between the Commonwealth and the Australian Capital Territory;
 (vi) the relations between the Commonwealth and the Northern Territory;
 (vii) the relations between the Commonwealth and Norfolk Island;
 (b) if any of the information disclosed in the disclosure is Cabinet information—the principle that Cabinet information should remain confidential unless it is already lawfully publicly available;
 (c) if