Document ID: chunk:federal_register_of_legislation:C2023A00023:clause:1_43:p1
Version: federal_register_of_legislation:C2023A00023
Segment Type: clause
Provision Reference: sch 1 cl 43 (pt 1/3)
Character Range: 11261–14094

43  Allocation of disclosure—decision by authorised officer

Scope—disclosers
 (1) This section applies in relation to a person (the discloser) if:
 (a) the discloser discloses information to an authorised officer of an agency (the recipient agency); or
 (b) the discloser discloses information to the discloser's supervisor, who then gives the information to an authorised officer of an agency (also the recipient agency) under subsection 60A(3).

Scope—decisions and previous decisions
 (2) This section applies in relation to a decision about the allocation of a disclosure if:
 (a) a decision has not yet been made about the allocation; or
 (b) in a case in which the disclosure had already been allocated—a decision is made under section 45 to reallocate the disclosure to one or more agencies (which may include an agency to which the disclosure had formerly been allocated).
Example: One situation in which a disclosure may be reallocated under section 45 is in response to a recommendation by the Ombudsman or the IGIS under section 55.

Allocation
 (3) An authorised officer of the recipient agency must:
 (a) allocate the disclosure to one or more agencies (which may or may not be the recipient agency); or
 (b) if subsection (4) applies—decide not to allocate the disclosure to any agency.
Note: The authorised officer who allocates a disclosure need not be the authorised officer to whom the disclosure was made or given.
 (4) This subsection applies if the authorised officer is satisfied on reasonable grounds that:
 (a) there is no reasonable basis on which the disclosure could be considered an internal disclosure (see section 26); or
 (b) the conduct disclosed would be more appropriately investigated under another law or power.
 (4A) To avoid doubt, if a disclosure includes information that tends to show (or that may tend to show) disclosable conduct, there might be a reasonable basis on which the disclosure could be considered to be an internal disclosure even if:
 (a) the disclosure includes other information; and
 (b) the other information tends to show (or may tend to show) personal work-related conduct.
Note: A disclosure may include information relating to a number of instances of conduct, some of which may be considered disclosable conduct, and some of which may not (for example, because that conduct is personal work-related conduct). Paragraph (4)(a) does not apply if one or more of those instances provide a reasonable basis on which the disclosure could be an internal disclosure under section 26.

Relevant considerations
 (5) In making a 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)