PROTECTED DISCLOSURES ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Objects of Act

   4   Scope of Act

   5   Good faith; public interest requirement

   6   Procedures for disclosures

 

PART II
Disclosures Qualifying for Protection

Protected Disclosures made Internally

   7   Disclosure to employer

   8   Disclosure to Minister

 

Protected Disclosures to Prescribed Person

   9   Disclosure to prescribed person

 

Protected Disclosures made to the Designated Authority

   10   Disclosure to designated authority

 

Disclosure to Attorney-at-Law

   11   Disclosure to attorney-at-law

 

Certain Procedures for Disclosure

   12   Special procedure for matters relating to national security, etc

   13   Procedures for making disclosures internally

   14   Procedure for making disclosures externally

 

Immunity

   15   Immunity from civil and criminal proceedings

 

PART III
Provisions against Occupational Detriment

   16   Prohibition against occupational detriment

   17   Presumption of occupational detriment resulting from disclosure

 

PART IV
Receiving, Investigating and Otherwise Dealing with Disclosures Internally

   18   Duty to receive and carry out investigations into disclosures

   19   Right to refuse; duty to refer

   20   Provisions for non-disclosure void

 

PART V
Oversight Functions

   21   Oversight by authority

 

PART VI
Miscellaneous

   22   Remedies not affected

   23   Offences and penalties

   24   Obligation for secrecy and confidentiality

   25   Regulations

   26   Minister may amend monetary penalties

   27   Review of Act by parliamentary committee

 

Amendment of Labour Relations and Industrial Disputes Act

   28   Act binds the Crown

   29   Amendment of Labour Relations and Industrial Disputes Act

      SCHEDULES

 

THE PROTECTED DISCLOSURES ACT

[Date of Commencement: 8th March, 2011]

Act 3 of 2011.

PART I
Preliminary

1   Short title

   This Act may be cited as the Protected Disclosures Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "appointed day" means the date of commencement of this Act;

   "designated authority" means the individual or entity so designated under section 21;

   "designated officer" means the person designated under section 13(3) as the person to whom disclosures may be made;

   "disclosure" means disclosure of information made by an employee, regarding any conduct of an employer of that employee or another employee of the employer, where the employee has a reasonable belief that the information disclosed shows or tends to show that improper conduct has occurred, is occurring or is likely to occur, and "disclose" shall be construed similarly;

   "employee" means-

   (a)   any person who-

         (i)   works or has worked for another person; and

         (ii)   receives, received, or is entitled to receive, any remuneration for work done;

   (b)   any person who in any manner assists or has assisted in the carrying on or conduct of the business of an employer, without any entitlement to receive remuneration or reward; or

   (c)   any person who is, or was, engaged or contracted under a contract for services to do work for another person, or any agent of the person;

   "employer" means any person who-

   (a)   employs or has employed another person to cany out work or provide services and who remunerates, or expressly or tacitly undertakes to remunerate, that other person for the work carried out or services provided; or

   (b)   permits or has permitted another person to assist in any manner in the carrying on or conduct of the business of that person, without any obligation to provide remuneration or reward to that other person;

   "improper conduct" means any-

   (a)   criminal offence;

   (b)   failure to carry out a legal obligation;

   (c)   conduct that is likely to result in a miscarriage of justice;

   (d)   conduct that is likely to threaten the health or safety of a person;

   (e)   conduct that is likely to threaten or damage the environment;

   (f)   conduct that shows gross mismanagement, impropriety or misconduct in the carrying out of any activity that involves the use of public funds;

   (g)   act of reprisal against or victimization of an employee;

   (h)   conduct that tends to show unfair discrimination on the basis of gender, race, place of origin, social class, colour, religion or political opinion; or

   (i)   wilful concealment of any act described in paragraphs (a) to (h);

   "investigation" means the carrying out of an enquiry under this Act in respect of a disclosure;

   "occupational detriment" means any act or omission that results in an employee, in relation to his employment, being-

   (a)   subject to disciplinary action;

   (b)   dismissed, suspended, or demoted;

   (c)   harassed, intimidated or victimized;

   (d)   transferred against his will;

   (e)   refused transfer or promotion;

   (f)   subject to a term or condition of employment or retirement from employment, that is altered to his disadvantage;

   (g)   provided with an adverse reference;

   (h)   denied appointment to any employment, profession or office;

   (i)   threatened with any of the actions specified in paragraphs (a) to (h); or

   (j)   otherwise adversely affected in respect of his employment, profession or office, including employment opportunities and job security;

   "prescribed person" means any person specified in the First Schedule for receiving, investigating or otherwise dealing with disclosures under this Act;

   "protected disclosure" means a disclosure made by an employee to-

   (a)   an employer in accordance with section 7;

   (b)   a Minister in accordance with section 8;

   (c)   a prescribed person in accordance with section 9;

   (d)   a person other than a person mentioned in section 7, 8 or 9, in accordance with section 10;

   (e)   an attorney-at-law in accordance with section 11; and

   (f)   a Minister or the Prime Minister in accordance with section 12;

   "public body" means-

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