Public Interest Disclosure Amendment (Conduct of Investigations) Standard 2014

I, Colin Neave, Ombudsman, determine the following standard.

Dated 2 July 2014

Colin Neave

Ombudsman

Contents

1 Name of standard

2 Commencement

3 Authority

4 Schedule(s)

Schedule 1—Amendments

Public Interest Disclosure Standard 2013

1  Name of standard

  This standard is the Public Interest Disclosure Amendment (Conduct of Investigations) Standard 2014.

2  Commencement

  This standard commences on the day after it is registered.

3  Authority

  This standard is determined under section 74 of the Public Interest Disclosure Act 2013.

4  Schedule(s)

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Public Interest Disclosure Standard 2013

1  Subsection 8(2)

Repeal the subsection, substitute:

 (2) Despite subsection (1), if a principal officer is required, when investigating a disclosure, to act in accordance with any rules relating to fraud that are made for the purposes of the Public Governance, Performance and Accountability Act 2013, this standard will apply only to the extent that it is not inconsistent with those rules.

2  Subsection 8(2) (note 1)

Repeal the note, substitute:

Note 1: Subsection 53(4) of the Act requires a principal officer to act in accordance with any rules relating to fraud that are made for the purposes of the Public Governance, Performance and Accountability Act 2013 to the extent that an investigation of a disclosure relates to one or more instances of fraud.

3  At the end of the standard

Add:

Part 6—Transitional provisions

16  Application of amendments made by the Public Interest Disclosure Amendment (Conduct of Investigations) Standard 2014

  Despite the amendments made by Schedule 1 to the Public Interest Disclosure Amendment (Conduct of Investigations) Standard 2014 (the amendment standard), section 8 of this standard, as in force immediately before 1 July 2014, continues to apply in relation to an investigation that was not completed before that date.