Protected Disclosures Act 2014

7

Disclosure to prescribed person

7. (1) A disclosure is made in the manner specified in this section if the worker—

(a) makes the disclosure to a person prescribed under subsection (2) (a) F26[or the Commissioner], and

(b) reasonably believes—

(i) F27[in the case of a disclosure made to a person prescribed under subsection (2)(a), that the relevant wrongdoing] falls within the description of matters in respect of which the person is prescribed under subsection (2) (b), and

(ii) that the information disclosed, and any allegation contained in it, are substantially true.

(2) The Minister may by order—

(a) prescribe such persons as, by reason of the nature of their responsibilities or functions, appear appropriate to be recipients of disclosures of relevant wrongdoings falling within the description of matters in respect of which they are prescribed, and

(b) prescribe in respect of each prescribed person such description of matters as appears appropriate by reason of the nature of the responsibilities or functions of the person.

F28[(2A) For the purposes of enabling the making of reports by workers, prescribed persons and the Commissioner shall establish, maintain and operate independent and autonomous external reporting channels and procedures for receiving and handling such reports and for follow-up (in this Act referred to as "external reporting channels and procedures").

(2B) Section 7A shall apply to a report made to a prescribed person.

(2C) Section 10B shall apply to a report made to the Commissioner.]

(3) F29[]

Annotations

Amendments:

F26

Inserted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 10(a)(i), S.I. No. 510 of 2022.

F27

Substituted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 10(a)(ii), S.I. No. 510 of 2022.

F28

Inserted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 10(b), S.I. No. 510 of 2022.

F29

Repealed (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 3(b), S.I. No. 510 of 2022.

Editorial Notes:

E6

Power pursuant to subs. (2) exercised (26.10.2023) by Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) (Amendment) Order 2023 (S.I. No. 524 of 2023).

E7

Power pursuant to subs. (2) exercised (24.09.2020) by Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (S.I. No. 367 of 2020).

E8

Previous affecting provision: power pursuant to subs. (2) exercised (5.09.2016) by Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2016 (S.I. No. 490 of 2016); revoked (24.09.2020) by Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (S.I. No. 367 of 2020), art. 3(c).

E9

Previous affecting provision: power pursuant to subs. (2) exercised (19.10.2015) by Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2015 (S.I. No. 448 of 2015); revoked (24.09.2020) by Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (S.I. No. 367 of 2020), art. 3(b).

E10

Previous affecting provision: power pursuant to subs. (2) exercised (23.07.2014) by Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014); revoked (24.09.2020) by Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (S.I. No. 367 of 2020), art. 3(a).