Section 10 - Dealing with criminal offences

The Department will ensure staff appointed to handle protected disclosures and all other employees are aware of the following offences created by the Act:

• It is an offence for a person to take detrimental action against a person in reprisal for a protected disclosure being made. The Act provides a maximum penalty of a fine of 240 penalty units ($24,000) or two years imprisonment or both (s.19).
• It is an offence for a person to divulge information obtained as a result of the handling or investigation of a protected disclosure without legislative authority.  The Act provides a maximum penalty of 60 penalty units ($6,000) or six months imprisonment or both (s.23).
• It is an offence for a person to obstruct the Ombudsman in performing his responsibilities under the Act. The Act provides a maximum penalty of 240 penalty units ($24,000) or two years imprisonment or both (s.54).
• It is an offence for a person to knowingly provide false information under the Act with the intention that it be acted on as a disclosed matter. The Act provides a maximum penalty of 240 penalty units ($24,000) or two years imprisonment or both (s.87).

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Continue to Section 11 - Review of the procedures