Document ID: chunk:federal_register_of_legislation:C2024C00616:section:43:p2
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 43 (pt 2/3)
Character Range: 85484–88354

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) 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