The Public Interest Disclosure (Protection of Whistleblowers) 2010

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 15
THE PUBLIC INTEREST DISCLOSURE
(PROTECTION OF WHISTLEBLOWERS) ACT, 2010
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Short title and commencement
Interpretation
Application
\bid contracts
Disclosures during proceedings
Other protection preserved
Liability of agent of State
Legal professional privilege
Relationship of Act with other Acts
PART II
PUBLIC INTEREST DISCLOSURES
Employee not to be subjected to occupational detriment
Making public interest disclosure
Anonymous disclosures
Frivolous, vexatious, etc. disclosures
Referral without investigation
Investigation by authority
Referral with investigation
No referral
Action by investigating authority
Progress report
Joint action
PART III
PROTECTED DISCLOSURES
Effect of Part
General protected disclosure
Lodging of public interest disclosure
Disclosures made by public officers
Disclosures to be made voluntarily
Disclosure concerning corrupt conduct
27. Disclosure to Investigator-General concerning
maladministration
Copies of this Statutory Instrument can be obtained from the Government Printer
P O. Box 30136, 10101 Lusaka. Price K17,000 each

ing
maladministration
Copies of this Statutory Instrument can be obtained from the Government Printer
P O. Box 30136, 10101 Lusaka. Price K17,000 each

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Disclosure to Auditor-General concerning serious and
substantial waste
Disclosure concerning police officer
Disclosures concerning serious and substantial waste in local
government
Disclosures about investigating authorities
Disclosures to public officers
Referred disclosures protected
Disclosures made on frivolous or other grounds
Disclosures concerning merits of Government policy
Disclosures motivated by object of avoiding disciplinary action
Protected disclosure to legal practitioner
Protected disclosure to employer
Protected disclosure to certain persons or bodies
PART IV
PROVISIONS RELATING TO INVESTIGATING AUTHORITIES
Procedures by investigating authorities on public interest
disclosures
Report on disclosures
PART V
PROTECTIONS AGAINST REPRISALS
Protection against reprisals
Protection against actions
Non-disclosure of person's identity
PART VI
UNLAWFUL REPRISALS
Employer to protect its officers against reprisals
Prohibition of unlawful reprisal
Relocation powers
Consent to relocation
PAM' VII
REMEDIES
Remedies
Liability in damages
Application for injunction or order
Injunction or order to take action
Undertakings as to damages and costs

VII
REMEDIES
Remedies
Liability in damages
Application for injunction or order
Injunction or order to take action
Undertakings as to damages and costs

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 17
PART VIII
GENERAL PROVISIONS
Prohibition of disclosure of information
False or misleading information
Limitation of liability
Liability of person disclosing
Notification to person making disclosure
Regulations

nformation
False or misleading information
Limitation of liability
Liability of person disclosing
Notification to person making disclosure
Regulations

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 19
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2010
Date ofAssent: 12th April, 2010
An Act to provide for the disclosure of conduct adverse to
the public interest in the public and private sectors;
provide for a framework within which public interest
disclosures shall be independently and rigorously dealt
with; provide for procedures in terms of which employees
in both the private and the public sectors may disclose
information regarding unlawful or irregular conduct by their
employers or other employees in the employ of their
employers; safeguard the rights, including employment
rights, of persons who make public interest disclosures;
provide a framework within which persons who make a
public interest disclosure shall be protected; and for
matters connected with, or incidental to, the foregoing. [16thApril, 2010
ENACTED by the Parliament of Zambia. Enactment
PART I
PRELIMINARY
This Act may be cited as the Public Interest Disclosure
(Protection of Whistleblowers) Act, 2010, and shall come into
operation on such date as the Minister may, by statutory instrument,
appoint.

Disclosure
(Protection of Whistleblowers) Act, 2010, and shall come into
operation on such date as the Minister may, by statutory instrument,
appoint.

(1) In this Act, unless the context otherwise requires-
" act " includes investigate;
" conduct " includes an act or omission;
" corrupt " has the meaning assigned to it under the Anti-
Corruption CommissionAct;
" detriment " means —
Short title
and
cant part
Interpretation
Cap. 91

rupt " has the meaning assigned to it under the Anti-
Corruption CommissionAct;
" detriment " means —
Short title
and
cant part
Interpretation
Cap. 91

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injury, damage or loss;
intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in
relation to career, profession, employment, trade
or business;
" disciplinary offence " means conduct that constitutes grounds
for disciplinary action, in respect of a public officer, under
the General Orders or the officer's contract of employment,
or in relation to any other person, under the person's
contract of employment or conditions of service;
" disclosable conduct " in relation to any person or a public
officer, means—
conduct of the person, whether or not a public officer,
that adversely affects, or could adversely affect,
either directly or indirectly, the honest or impartial
performance of official functions by the person,
public officer or agency;
conduct of the public officer which amounts to the
performance of any of the public officer's
functions dishonestly or with partiality;
conduct of the public officer, a former public officer
or a government agency that amounts to a breach
of public trust;
conduct of the public officer, a former public officer
or a government agency that amounts to the
misuse of information or material acquired in the
course of the performance of the public officer
functions, whether for the benefit of that person
or agency or otherwise;
(e) conduct of the public officer that amounts to
maladministration which is action or inaction of a
serious nature that is-
contrary to any law;
unreasonable, unjust, oppressive or
discriminatory; or
(iii) based wholly or partly on improper
motives;
(f) conduct of the person or public officer that would, if
proven, constitute-
a criminal offence;
a disciplinary offence;
serious and substantial public wastage or
abuse of financial or other public resources
or assets; or
reasonable grounds for dismissing or
dispensing with, or otherwise terminating,
the services of the person or public officer
who is engaged in it; or

reasonable grounds for dismissing or
dispensing with, or otherwise terminating,
the services of the person or public officer
who is engaged in it; or

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(g) a conspiracy or attempt to engage in conduct referred
to in paragraphs (a) to (e) inclusive;
" disclosure " means any communication or release of
information regarding any disclosable conduct of any
person, a public officer or employer made by an employee
or any person who has reason to believe that the
information shows or tends to show one or more of the
following:
that a criminal offence has been committed, is being
committed or is likely to be committed;
that a person has failed, is failing or is likely to fail to
comply with any obligation to which that person is
subject;
that a miscarriage of justice has occurred, is
occurring or is likely to occur;
that the health or safety of any person has been, is
being or is likely to be endangered;
(e) that the environment has been, is being or is likely to
be endangered; or
09 that any matter referred to in paragraphs (a) to (e)
has been, is being or is likely to be deliberately
concealed;
" employee " means—
any person, excluding an independent contractor,
who works for another person, whether
incorporated or not, or for a government agency,
and who receives, or is entitled to receive, any
remuneration; or
any other person who in any manner assists in
carrying on or conducting the business of an
employer;
"employer" means any person—
who employs or provides work for another person
and who remunerates or expressly or tacitly
undertakes to remunerate that other person; or
who permits any other person in any manner to assist
in the carrying on or conducting of the person's
business, including any person acting on behalf of
or on the authority of such employer;
" exercise " in relation to a function includes, where the
function is a duty, the performance of the duty;
" function " includes power, authority or duty;

rcise " in relation to a function includes, where the
function is a duty, the performance of the duty;
" function " includes power, authority or duty;

Public Interest Disclosure
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" government agency " means —
a Government department, Ministry or institution;
a statutory body, local authority, organisation or
agency established under any law;
a body, organ or institution incorporated under any
law or established by Government for any public
purpose;
a body, organ or institution owned by Government
or in which Government has any interest or is
under Government control; or
(e) any other functionary or institution-
exercising a power or performing a duty in
Cap. 1 terms of the Constitution or any other law;
or
exercising a public power or performing a
public function in terms of any law;
" impropriety " means any conduct which falls within any of
the categories referred to in paragraphs (a) to (g) of the
definition of "disclosable conduct", irrespective of whether
or not —
the impropriety occurs or occurred in the Republic
of Zambia or elsewhere; or
the law applying to the impropriety is that of the
Republic of Zambia or of another country;
" investigate " includes inquire or audit;
" investigation Act " means—
Cap.

the impropriety is that of the
Republic of Zambia or of another country;
" investigate " includes inquire or audit;
" investigation Act " means—
Cap.

1 (a) in relation to the Auditor -General, the Constitution;
(b) in relation to the Investigator-General, the
Cap. 39 Commission for Investigations Act;
Act No. 15 (c) the Public Finance Act, 2004;
of 2004
Cap. 107 (d) the Zambia Police Act;
Cap. 96 (e) the Narcotic Drugs and Psychotrophic Substances
Act;
Act No. 13 of 02 the Judicial Code of Conduct Act, 1999;
CaP91 (g) the Anti-Corruption Commission Act; and
Act No. 14 of 00 the Prohibition and Prevention of Money Laundering
2001 Act, 2001;

nduct Act, 1999;
CaP91 (g) the Anti-Corruption Commission Act; and
Act No. 14 of 00 the Prohibition and Prevention of Money Laundering
2001 Act, 2001;

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" investigating authority " means—
the Auditor-General;
the Anti-Corruption Commission;
the Drug Enforcement Commission;
the Investigator-General;
(e) the Police Public ComplaintsAuthority;
(/) the Judicial Complaints Authority; or
(g) any other person or body prescribed under this Act
or any other law;
" legal practitioner " has the meaning assigned to it in the
Legal Practitioners Act;
" local authority " means any municipal, district or city council
established under the Local Government Act;
" maladministration " means any conduct that involves action
or inaction of a serious nature that is —
contrary to the law;
unreasonable, unjust, oppressive
or discriminatory; or
(c) based wholly or partly on improper motives;
" occupational detriment " in relation to the working
environment of an employee, means the employee –
being subjected to any disciplinary action;
being dismissed, suspended, demoted, harassed or
intimidated;
being transferred against the employee's will;
being refused transfer or promotion;
(e) being subjected to a term or condition of employment
or retirement which is altered or kept altered to
the employee's disadvantage;
(j) being refused a reference or being provided with an
adverse reference, from the employer;
(g) being denied appointment to any employment,
profession or office;
(77) being threatened with any of the actions referred to
in paragraphs (a) to (g); or
(0 being otherwise adversely affected in respect of
employment, profession or office, including
employment opportunities and work security;
Cap.

); or
(0 being otherwise adversely affected in respect of
employment, profession or office, including
employment opportunities and work security;
Cap.

30
Cap. 281

30
Cap. 281

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4 of 20101 (Protection of Whistleblowers)
Parliament " means the Parliament of Zambia;
" protected disclosure " means a disclosure made to—
a legal practitioner in accordance with section thirty-
seven;
an employer in accordance with section thirty-eight;
a person or body in accordance with section thirty-
nine; or
any other person or body in accordance with Part
III, but does not include a disclosure—
(0) in respect of which the employee making
the disclosure commits an offence by
making that disclosure; or
(ii) made by a legal practitioner to whom the
information was disclosed in the course
of obtaining legal advice in accordance
with section thirty-seven;
" public interest disclosure " means a disclosure of information
made by any person or an employee, regarding any conduct
of any person or an employer, or an employee of that
employer, that the person making the disclosure believes
on reasonable grounds shows or tends to show one or more
of the following:
that a person has engaged, is engaging, or proposes
to engage, in disclosable conduct;
public wastage;
conduct involving substantial risk or danger to the
environment;
that a person has engaged, is engaging, or proposes
to engage, in an unlawful reprisal;
(e) that a public officer has engaged, is engaging, or
proposes to engage, in conduct that amounts to a
substantial and specific danger to the health or
safety of the public;
(/) that a criminal offence has been committed, is being
committed or is likely to be committed;
(g) that a person has failed, is failing or is likely to fail to
comply with any legal obligation to which that
person is subject;

ly to be committed;
(g) that a person has failed, is failing or is likely to fail to
comply with any legal obligation to which that
person is subject;

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that a miscarriage of justice has occurred, is
occurring or is likely to occur; or
that any matter referred to in paragraphs (a) to (h)
has been, is being or is likely to be deliberately
concealed;
" public officer " means—
an employee of a government agency, including an
agency head;
a person employed by, or on behalf of, a government
agency or in the service of an investigating
authority, whether under a contract of service or a
contract for services, or a person who has ceased
to perform those services; or
(c) a person otherwise authorised to perform functions
on behalf of a government agency or an
appropriate authority;
"public wastage" means conduct by a public officer that
amounts to negligent, incompetent or inefficient
management within, or of, any government agency resulting,
or likely to result, directly or indirectly, in a substantial waste
of public funds or resources;
" serious and substantial waste " includes uneconomical,
inefficient or ineffective use of public funds or resources,
whether authorised or unauthorised, which results in a loss
or wastage of public funds or resources, having regard to
the nature and materiality of the wastage; and
"unlawful reprisal" means conduct that causes, or threatens
to cause, detriment—
to a person directly because a person has made, or
may make, a public interest disclosure; or
to a public officer directly because the public officer
has resisted attempts by another public officer to
involve the officer in the commission of an offence.

ic officer directly because the public officer
has resisted attempts by another public officer to
involve the officer in the commission of an offence.

(1) This Act applies to any disclosure made after the date Application
on which it comes into operation, irrespective of whether or not the
impropriety occurred before or after that date. (2) For the avoidance of doubt, this Act applies to any
government agency, any private or public company, institution,
organisation, body or organ registered, established or incorporated
under any law. Any provision in a contract of employment or other \bid
agreement between an employer and an employee is void in so far contracts
as it —
(a) purports to exclude any provision of thisAct, including an
agreement to refrain from instituting or continuing any
proceedings under thisAct or any proceedings for breach
of contract; or

thisAct, including an
agreement to refrain from instituting or continuing any
proceedings under thisAct or any proceedings for breach
of contract; or

Public Interest Disclosure
26 No. 4 of 2010] (Protection of Whistleblowers)
Disclosures
during
proceedings
Other
protection
preserved
Liability of
agent of
State
Legal
professional
privilege
Relationship
of Act with
other Acts
(b) purports to preclude the employee or has the effect of
discouraging the employee, from making a protected
disclosure. If information that could amount to a public interest disclosure
is disclosed in the course of any proceedings of a court or tribunal,
the court or tribunal shall refer the information to an investigating
authority
(1) This Act does not limit the protection given by any other
law to a person who makes a public interest disclosure or prejudice
any other remedy available to the person under that law
(2) Nothing in this Act affects the rights and privileges of
Parliament in relation to the freedom of speech, and debates and
proceedings, in Parliament. An agent of the State who commits an offence under this
Act is liable for the penalty for the offence. Nothing in this Act shall be taken to entitle a person to
disclose information which would otherwise be the subject of legal
professional privilege. 9.

othing in this Act shall be taken to entitle a person to
disclose information which would otherwise be the subject of legal
professional privilege. 9.

(1) This Act prevails, to the extent of any inconsistency, over
the provisions of any investigationAct. Notwithstanding subsection (1), nothing in this Act
otherwise limits or affects the operation of any Act or the exercise
of the functions conferred or imposed on an investigating authority
or any other person or body under it. Nothing in this Act authorises an investigating authority to
investigate any complaint that it is not authorised to investigate
under the relevant investigation Act. (4) Nothing in this Act affects the proper administration and
management of an investigating authority or public authority,
including action that may or is required to be taken in respect of the
salary, wages and conditions of employment or discipline of a public
officer, subject to the following:
detrimental action is not to be taken against a person if to
do so would be in contravention of this Act; and
beneficial treatment is not to be given in favour of a person
if the purpose, or one of the purposes for doing so is to
influence the person to make, to refrain from making, or
to withdraw a disclosure.

a person
if the purpose, or one of the purposes for doing so is to
influence the person to make, to refrain from making, or
to withdraw a disclosure.

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 27
PART II
PUBLIC INTEREST DISCLOSURES
An employer shall not subject an employee to any Employee
occupational detriment on account, or partly on account, of the not to be
subjected to
employee having made a protected disclosure or public interest occupational
disclosure. detriment
(1) Any person may make a public interest disclosure to Making
an investigating authority. public
interest
(2) Without limiting the generality of subsection (I), a person disclosure
may make a public interest disclosure—
about conduct in which a person is engaged, or about
matters arising before the commencement of this Act;
and
whether or not the person is able to identify any person
that the information disclosed concerns. 12. (1) A person may make an anonymous disclosure in
accordance with this section and the disclosure is protected by this
Act. An anonymous disclosure shall be made to any investigating
authority where the disclosure does not relate to the investigating
authority to whom the disclosure is made.

osure shall be made to any investigating
authority where the disclosure does not relate to the investigating
authority to whom the disclosure is made.

A person making an anonymous disclosure shall identify
themselves to the head of an investigating authority and request
that that person's identity be kept confidential by the investigating
authority
The head of an investigating authority shall personally
consider an anonymous disclosure and make a preliminary
assessment of the disclosure against the matters referred to under
section thirteen before referring the matter without any identification
of the person making the disclosure, to any relevant member of
staff of the investigating authority for further and full investigation. An investigating authority shall maintain confidentiality
when examining a matter referred in accordance with this section. (6) An investigating authority shall subject any anonymous
disclosure to the tests set out in section thirteen. Anonymous
disclosures

th this section. (6) An investigating authority shall subject any anonymous
disclosure to the tests set out in section thirteen. Anonymous
disclosures

Public Interest Disclosure
28 No. 4 of 2010] (Protection of Whistleblowers)
Frivolous, 13. (1) An investigating authority may decline to act on a public
vexatious, interest disclosure received by it where the investigating authorityetc. disclosures considers that—
the disclosure is malicious, frivolous, vexatious or made in
bad faith;
the disclosure is misconceived or lacking in substance;
the disclosure is trivial;
there is a more appropriate method of dealing with the
disclosure reasonably available;
(e) the disclosure has already been dealt with adequately; or
(0 the disclosure is made for pecuniary gain or other illegal
purpose. An investigating authority shall, where an issue raised in a
public interest disclosure has been determined by a court or tribunal
authorised to determine the issue at law, after consideration of the
matters raised by the disclosure, decline to act on the disclosure to
the extent that the disclosure attempts to re-open the issue.

nsideration of the
matters raised by the disclosure, decline to act on the disclosure to
the extent that the disclosure attempts to re-open the issue.

A person who makes a public interest disclosure that falls
within the meaning of paragraphs (a) and a) of subsection (1)
commits an offence and is liable, upon conviction, to a fine not
exceeding seven hundred thousand penalty units or to imprisonment
for a period not exceeding seven years, or to both. (4) Where a public interest disclosure is made against any
person and the person is suspended or any other administrative
action is taken against that person by the employer pending
investigation into the matter, and the investigating authority
determines that the disclosure falls under subsection (1), the person
shall be entitled to—
reinstatement by the employer;
compensation for any detriment suffered as a result of
the disclosure made;
re-location to another position of equivalent level of salary
and duties, in the employing agency; or
any other action to remedy to any detriment caused to
the person by the disclosure.

equivalent level of salary
and duties, in the employing agency; or
any other action to remedy to any detriment caused to
the person by the disclosure.

(5) Where a person is re-located in accordance with subsection
(4), the employing agency of the person being relocated shall —
meet all reasonable re-location expenses; and
take all reasonable steps to ensure that the person is placed
in a position of equivalent level of salary and duties.

onable re-location expenses; and
take all reasonable steps to ensure that the person is placed
in a position of equivalent level of salary and duties.

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 29
14. Subject to section seventeen, if a public interest disclosure
received by an investigating
authority is not related to —
the conduct of the investigating authority or of a public
officer in relation to the investigating authority; or
a matter, or the conduct of any person, that it has a function
or power to investigate;
the investigating authority shall refer the disclosure to another
investigating authority that, because it has a function or power to
deal with the conduct or matter the disclosure concerns, is a proper
authority to receive the disclosure. 15.

t, because it has a function or power to
deal with the conduct or matter the disclosure concerns, is a proper
authority to receive the disclosure. 15.

(1) An investigating authority shall investigate a public interest
disclosure received by it if the disclosure relates to—
its own conduct or conduct of a public officer in relation
to the investigating authority;
a matter, or the conduct of any person, that the investigating
authority has a function or power to investigate; or
(c) the conduct of a person, other than a public officer,
performing services for or on behalf of the investigating
authority
Where an investigating authority investigates a matter in
accordance with subsection (1) and is unable to investigate the
matter impartially or without a conflict of interest, the authority
shall refer the matter to another investigating authority. A disclosure may be referred before or after the matter
has been investigated and whether or not any investigation of the
matter is complete or any findings have been made by the
investigating authority. An investigating authority may communicate to another
investigating authority to a public officer or public authority any
information relevant for purposes of an investigating authority has
obtained during the investigation of any matter under this Act.

blic authority any
information relevant for purposes of an investigating authority has
obtained during the investigation of any matter under this Act.

An investigating authority may recommend what action
should be taken by the other investigating authority, a public officer
or public authority. Referral
without
investigation
Investigation
by
authority

should be taken by the other investigating authority, a public officer
or public authority. Referral
without
investigation
Investigation
by
authority

Public Interest Disclosure
30 No. 4 of 2010] (Protection of Whistleblowers)
Referral
with
investigation
No referral
Action by
investigating
authority
(6) An investigating authority shall not refer the disclosure to
another investigating authority, or to a public officer or public
authority, except after taking into consideration the views of the
investigating authority, public officer or public authority. 16. (1) Subject to subsection (2), if a public interest disclosure
being investigated by an investigating authority relates to—
the conduct of another agency or the conduct of a public
officer in relation to another agency; or
a matter, or the conduct of any person, that another agency
has a function or power to investigate;
the investigating authority shall refer the public interest disclosure
to another investigating authority
(2) Nothing in this section affects the duty of an investigating
authority to act under section fifteen. 17.

losure
to another investigating authority
(2) Nothing in this section affects the duty of an investigating
authority to act under section fifteen. 17.

(1) An investigating authority shall not refer a public interest
disclosure to another investigating authority under section fourteen
or subsection (1) of sectionsixteen K in the investigating authority's
opinion—
there is a serious risk that a person would engage in an
unlawful reprisal; or
the proper investigation of the disclosure would be
prejudiced;
as a result of the reference to the other investigating authority. (2) Where a non-referral of the type referred to in
subsection (1) occurs, the matter shall be referred immediately to
the Investigator-General who shall decide what action is to be taken
in relation to the matter. 18. Where after investigation, an investigating authority is of
the opinion that a public interest disclosure has revealed—
that a person has engaged, is engaging, or intends to
engage, in disclosable conduct;
public wastage;
that a person has engaged, is engaging, or intends to engage,
in an unlawful reprisal; or
that a public officer has engaged, is engaging, or intends
to engage, in conduct that amounts to a substantial and
specific danger to the health or safety of the public;

er has engaged, is engaging, or intends
to engage, in conduct that amounts to a substantial and
specific danger to the health or safety of the public;

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 31
the investigating authority shall take such action as is necessary
and reasonable to-
prevent the conduct or reprisal continuing or occurring in
future;
discipline any person responsible for the conduct or reprisal;
bring an action in court or prosecute any person responsible
for the conduct or reprisal, under this Act or relevant
investigating Act; or
confiscate or forfeit any property, benefit or other proceed
obtained from or through the conduct or reprisal or
acquired by any person through the commission of any
offence under this Act or any investigating Act. 19. (I) A person who makes a public interest disclosure, or an Progress
investigating authority which refers a disclosure to another report
investigating authority, may request the investigating authority to
which the disclosure was made or referred to provide a progress
report.

her report
investigating authority, may request the investigating authority to
which the disclosure was made or referred to provide a progress
report.

(2) Where a request is made under subsection (1), the
investigating authority to which the request is made shall provide a
progress report to the person who, or investigating authority which
requested it—
within fourteen days from the date of receipt of the request;
and
if the investigating authority takes further action with
respect to the disclosure after providing a progress report
under paragraph (a)—
while the authority is taking action, at least once
in every ninety day period commencing on the
date of provision of the report under
paragraph (a); and
on completion of the action. (3) A progress report provided under subsection (2) shall
contain the following particulars with respect to the investigating
authority that provides the report:
where the investigating authority has declined to act on
the public interest disclosure, that it has declined to act
and the ground on which it so declined;
where the investigating authority has referred the public
interest disclosure to another investigating authority, that
it has referred the disclosure to another investigating
authority and the name of the authority to which the
disclosure has been referred;

ority, that
it has referred the disclosure to another investigating
authority and the name of the authority to which the
disclosure has been referred;

Public Interest Disclosure
32 No. 4 of 2010] (Protection of Whistleblowers)
Joint action
where the investigating authority has accepted the public
interest disclosure for investigation, the current status
of the investigation; and
where the investigating authority has accepted the public
interest disclosure for investigation and the investigation
is complete, its findings and any action it has taken or
proposes to take as a result of its findings. (4) Nothing in this section prevents any investigating authority
from providing a progress report in accordance with subsection (3)
to a person who may make a request under subsection (1). 20. If more than one investigating authority is required by this
Act to act on a public interest disclosure, the investigating authorities
may enter into such arrangements with each other as are necessary
and reasonable to—
avoid duplication of action;
allow the resources of the authorities to be efficiently and
economically used to take action; and
(c) achieve the most effective result. PART III
PROTECTED D ISCLOSURES
Effect of Part 21. A disclosure is protected by this Act if it satisfies the
applicable requirements of this Part. General 22.

PROTECTED D ISCLOSURES
Effect of Part 21. A disclosure is protected by this Act if it satisfies the
applicable requirements of this Part. General 22.

(1) A disclosure is a protected disclosure if—
protected (a) it is made in good faith by an employee—disclosure
who reasonably believes that the information
disclosed, and any allegation contained in it, are
substantially true; and
who does not make the disclosure for purposes
of personal gain, excluding any reward payable
in terms of any law;
(b) one or more of the conditions specified in subsection (2)
apply; and
(c) in all the circumstances of the case, it is reasonable to
make the disclosure.

ne or more of the conditions specified in subsection (2)
apply; and
(c) in all the circumstances of the case, it is reasonable to
make the disclosure.

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 33
(2) The conditions referred to in paragraph (b) of subsection
(1) are
that at the time of making a disclosure the employee who
makes the disclosure has reason to believe that the
employee shall be subjected to an occupational detriment
if the employee makes a disclosure to the employer in
accordance with section thirty-eight;
that, in a case where no person or body is prescribed for
the purposes of section thirty-nine in relation to the
relevant impropriety, the employee making the disclosure
has reason to believe that it is likely that evidence relating
to the impropriety shall be concealed or destroyed if the
employee makes the disclosure to the employer;
(c) that the employee making the disclosure has previously
made a disclosure of substantially the same information
to
the employer; or
a person or body referred to in section thirty-
nine, in respect of which no action was taken
within a reasonable period after the disclosure;
or
(d) that the impropriety is of an exceptionally serious nature.

spect of which no action was taken
within a reasonable period after the disclosure;
or
(d) that the impropriety is of an exceptionally serious nature.

(3) In determining for the purposes of paragraph (c) of
subsection (1) whether it is reasonable for the employee to make
the disclosure, consideration shall be given to—
the identity of the person to whom the disclosure is made;
the seriousness of the impropriety;
whether the impropriety is continuing or is likely to occur
in the future;
whether the disclosure is made in breach of a duty of
confidentiality of the employer towards any other person;
(e) in a case falling within paragraph (c) of subsection (2),
any action which the employer or the person or body to
whom the disclosure was made, has taken, or might
reasonably be expected to have taken, as a result of the
previous disclosure;
(I) in a case falling within subparagraph (i) of paragraph (c)
of subsection (2), whether in making the disclosure to
the employer the employee complied with any procedure
which was authorised by the employer; and
(g) the public interest.

r in making the disclosure to
the employer the employee complied with any procedure
which was authorised by the employer; and
(g) the public interest.

Public Interest Disclosure
34 No. 4 of 2010] (Protection of Whistleblowers)
Lodging of
public interest
disclosure
Disclosures
made
by public
officers
(4) For the purposes of this section, a subsequent disclosure
may be regarded as a disclosure of substantially the same
information referred to in paragraph (c) of subsection (2) where
the subsequent disclosure extends to information concerning an
action taken or not taken by any person as a result of the previous
disclosure. 23. Any of the following may receive a public interest disclosure
concerning a government agency's conduct or the conduct of a
public officer in relation to a government agency, or a public interest
disclosure that a person has engaged, is engaging, or intends to
engage, in an unlawful reprisal:
the head of the government agency;
theAnti-Corruption Commission;
the Police Public Complaints Authority:
the Judicial ComplaintsAuthority;
(e) the Drug Enforcement Commission;
a) the Investigator-General; and
(g) the Auditor-General. 24.

laints Authority:
the Judicial ComplaintsAuthority;
(e) the Drug Enforcement Commission;
a) the Investigator-General; and
(g) the Auditor-General. 24.

(1) A disclosure by a public officer shall be made to—
an investigating authority;
the principal officer of a government agency or
investigating authority or other public officer of a
government agency;
another officer of the government agency or investigating
authority to which the public officer belongs; or
an officer of the government agency or investigating
authority to which the disclosure relates; in accordance
with any procedure established by the authority
concerned for the reporting of allegations of corrupt
conduct, maladministration or serious and substantial
waste of public money by that authority or any of its
officers. A disclosure is protected by this Act even if it is made
about conduct or activities engaged in, or about matters arising,
before the commencement of this Act. A disclosure made while a person was a public officer is
protected by this Act even if the person who made it is no longer a
public officer.

this Act. A disclosure made while a person was a public officer is
protected by this Act even if the person who made it is no longer a
public officer.

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 35
(4) A disclosure made about the conduct of a person while the
person was a public officer is protected by this Act even if the
person is no longer a public officer. 25. (1) To be protected by this Act, a disclosure shall be made
voluntarily
A disclosure is not made voluntarily for the purposes of
this section if it is made by a public officer in the exercise of a duty
imposed on the public officer by, or under, any law
A disclosure is made voluntarily for the purposes of this
section if it is made by a public officer in accordance with a code
of conduct, however described, adopted by an investigating authority
or government agency and setting out rules or guidelines to be
observed by public officers for reporting corrupt conduct,
maladministration or serious and substantial waste of public money
by investigating authorities, government agencies or public officers.

rupt conduct,
maladministration or serious and substantial waste of public money
by investigating authorities, government agencies or public officers.

A disclosure made by a member of the Zambia Police
Force is made voluntarily for the purposes of this section even if it
relates to the same conduct as an allegation that the member of the
Zambia Police Force has made in performance of a duty imposed
on the member by, or under, the Zambia Police Act or any other Cap. 107
law. A disclosure made by a prison officer, within the meaning
of the PrisonsAct is made voluntarily for the purposes of this section Cap. 97
even if it relates to the same conduct as an allegation that the
prison officer has made in the performance of a duty imposed on
the prison officer by, or under, that Act or any other law
26. To be protected by this Act, a disclosure by a public officer
to the Anti-Corruption Commission shall be made in accordance
with the Anti-Corruption Commission Act and be a disclosure of
information that shows or tends to show that a government agency
or another public officer has engaged, is engaged or intends to
engage in corrupt conduct. 27.

on that shows or tends to show that a government agency
or another public officer has engaged, is engaged or intends to
engage in corrupt conduct. 27.

To be protected by this Act, a disclosure by a public officer
to the Investigator-General shall—
(a) be made in accordance with the Commission for
Investigations Act; and
Disclosures
to be made
voluntarily
Disclosure
concerning
corrupt
conduct
Cap. 91
Disclosure to
Investigator-
General
concerning
maladminishation
Cap. 39

sclosures
to be made
voluntarily
Disclosure
concerning
corrupt
conduct
Cap. 91
Disclosure to
Investigator-
General
concerning
maladminishation
Cap. 39

Public Interest Disclosure
36 No. 4 of 20101 (Protection of Whistleblowers)
(b) be a disclosure of information that shows or tends to show
that, in the exercise of a function relating to a matter of
administration conferred or imposed on a government
agency or another public officer, the government agency
or public officer has engaged, is engaged or intends to
engage in conduct of a kind that amounts to
maladministration. 28. To be protected by thisAct, a disclosure by a public officer
to the Auditor-General shall be a disclosure of information that
shows or tends to show that an authority or officer of an authority
has seriously and substantially wasted public money contrary to
the provisions of the Public Finance Act, 2004. 29. To be protected by this Act, a disclosure by a public
officer to the Police Public ComplaintsAuthority shall —
be made in accordance with the Zambia Police Act; and
be a disclosure that shows or tends to show corrupt
conduct, maladministration or serious and substantial
waste of public money by a police officer. Disclosure to
Auditor-
General
concerning
serious and
substantial
waste
Act No. 15
of 2004
Disclosure
concerning
police
officer
Cap.

a police officer. Disclosure to
Auditor-
General
concerning
serious and
substantial
waste
Act No. 15
of 2004
Disclosure
concerning
police
officer
Cap.

107
Disclosure
concerning
serious
and
substantial
waste in local
government
Cap. 281
30. (1) To be protected by this Act, a disclosure by a public
officer to the Minister responsible for local authority shall—
be made in accordance with the Local Government Act;
and
be a disclosure of information that shows or tends to show
serious and substantial waste of local authority money
by any one or more of the following:
a local authority;
a delegate of a local authority;
a councillor, within the meaning of the Local
Cap. 281 Government Act; and
a member of staff of a local authority. (2) In this section, "local authority money" includes all revenue,
loans and other money collected, received or held by, for or on
account of a local authority.

s section, "local authority money" includes all revenue,
loans and other money collected, received or held by, for or on
account of a local authority.

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 37
31. (1) A disclosure by a public officer to the Anti-Corruption
Commission that shows or tends to show that, in the exercise of a
function relating to a matter of administration conferred or imposed
on a head or officer of any investigating authority, the head or the
officer of the investigating authority has engaged, is engaged or
intends to engage in conduct that amounts to maladministration is
protected by this Act. The Anti-Corruption Commission may investigate, and Cap. 91
report, in accordance with the Anti-Corruption CommissionAct on
any matter raised by a disclosure made to it under subsection (1). Notwithstanding section eleven, a disclosure by a public
officer to the Investigator-General orAnti-Corruption Commission
that shows or tends to show that the Auditor-General or a member
of the staff of the Auditor-General has seriously and substantially
wasted public money is protected by this Act. The Anti-Corruption Commission may investigate, and Cap.

Auditor-General has seriously and substantially
wasted public money is protected by this Act. The Anti-Corruption Commission may investigate, and Cap.

91
report, in accordance with the Anti-Corruption Commission Act
on any matter raised by a disclosure made to it that is of a kind
referred to in subsection (3). For the purposes of any investigation under subsection (4),
the Anti-Corruption Commission may engage consultants or other
persons for the purpose of getting expert assistance. Notwithstanding section ten, a disclosure by a public officer
to the Anti-Corruption Commission that shows or tends to show
that, in the exercise of a function relating to a matter of
administration conferred or imposed on the Inspector-General or
Commissioner of Police, the Inspector-General or Commissioner
of Police has engaged or intends to engage in conduct that amounts
to corrupt conduct or maladministration or has seriously and
substantially wasted public money is protected by this Act. The Anti-Corruption Commission may investigate, and Cap. 91
report, in accordance with the Anti-Corruption CommissionAct on
any matter raised by a disclosure made to it in subsection (6). (8) A disclosure referred to in this section is protected by this
Act only if it satisfies all other applicable requirements of this Part.

ection (6). (8) A disclosure referred to in this section is protected by this
Act only if it satisfies all other applicable requirements of this Part.

Disclosures
about
investigating
authorities

Disclosures
about
investigating
authorities

Public Interest Disclosure
38 No. 4 of 2010] (Protection of Whistleblowers)
Disclosures
to
public
officers
32. (1) To be protected by this Act, a disclosure by a public
officer to the principal officer, or other public officer, of a
government agency shall be a disclosure of information that shows
or tends to show corrupt conduct, maladministration or serious and
substantial waste of public money by the government agency or
any of its officers or by another government agency or any of its
officers.

serious and
substantial waste of public money by the government agency or
any of its officers or by another government agency or any of its
officers.

(2) To be protected by this Act, a disclosure by a public officer
to —
another officer of the government agency to which the
public officer belongs; or
an officer of the government agency to which the disclosure
relates;
in accordance with any procedure established by the government
agency for the reporting of allegations of corrupt conduct,
maladministration or serious and substantial waste of public money
by that government agency or any of its officers shall be a disclosure
of information that shows or tends to show the corrupt conduct,
maladministration or serious and substantial waste, whether by that
government agency or any of its officers or by another government
agency or any of its officers. (3) A public officer may refer any disclosure concerning an
allegation of corrupt conduct, maladministration or serious and
substantial waste made to the public officer to an investigating
authority, or a principal officer or other public officer of a
government agency considered by the public officer to be
appropriate in the circumstances, for investigation or other action.

ther public officer of a
government agency considered by the public officer to be
appropriate in the circumstances, for investigation or other action.

If the public officer to whom the disclosure referred to in
subsection (1) is made does not belong to the investigating authority
to which the disclosure relates, the public officer shall refer the
disclosure to the principal officer or other public officer of a
government agency, for investigation or other action. A public officer may communicate to an investigating
authority or principal officer or other public officer of a government
agency to whom a matter is referred under subsection (4), any
information the public officer has obtained during the investigation
of the matter.

ment
agency to whom a matter is referred under subsection (4), any
information the public officer has obtained during the investigation
of the matter.

Public Interest Disclosure
(Protection of Whistleblowers) No. 4 of 2010 39
(6) In this section, " government agency " includes an
investigating authority. (1) A disclosure is protected by this Act if it is made by a
public officer to an investigating authority and is referred, whether
because it is not authorised to investigate the matter under the
relevant investigationAct or otherwise, by the investigating authority
to another investigating authority or to a public officer or
government agency.

relevant investigationAct or otherwise, by the investigating authority
to another investigating authority or to a public officer or
government agency.

(2) A disclosure is protected by this Act if it is made by a
public officer to another public officer in accordance with paragraph
(b) or (c) of section twenty-four and is referred under Part II by
the other public officer to an investigating authority or to another
public officer or government agency
(1) An investigating authority, a principal officer or other
public officer of a government agency, may decline to investigate
or may discontinue the investigation of any matter raised by a
disclosure made to the authority or public officer of a kind referred
to in this Part if the investigating authority or officer is of the opinion
that the disclosure was made maliciously, frivolously, vexatiously,
in bad faith, for pecuniary gain or for an illegal purpose. (2) A disclosure referred to in subsection (1) is not, despite
any other provision of this Part, protected by this Act if an
investigating authority or officer declines to investigate or
discontinues the investigation of a matter under this section. (1) A disclosure made by a public officer that principally
involves questioning the merits of government policy is not, despite
any other provision of this Part, protected by this Act.

officer that principally
involves questioning the merits of government policy is not, despite
any other provision of this Part, protected by this Act.

(2) In this section, "government policy" includes the policy of
a local authority. A disclosure that is made solely or substantially with the
motive of avoiding dismissal or other disciplinary action, not being
disciplinary action taken in reprisal for the making of a protected
disclosure, is not, notwithstanding any other provision of this Part,
a protected disclosure. 37. Any disclosure made to a legal practitioner with the object
of, and in the course of, obtaining legal advice, is a protected
disclosure. Referred
disclosures
protected
Disclosures
made on
frivolous or
other
grounds
Disclosures
concerning
merits
of
government
policy
Disclosures
motivated by
object
of avoiding
disciplinary
action
Protected
disclosure to
legal
practitioner

ures
concerning
merits
of
government
policy
Disclosures
motivated by
object
of avoiding
disciplinary
action
Protected
disclosure to
legal
practitioner

Public Interest Disclosure
40 No. 4 of 2010] (Protection of Whistleblowers)
Protected
disclosure to
employer
Protected
disclosure to
certain
persons or
bodies
38. (1) Any disclosure made in good faith—
and substantially in accordance with any procedure
prescribed, or authorised by the employee's employer
for reporting or otherwise remedying the impropriety;
or
to the employer of the employee, where there is no
procedure as contemplated in paragraph (a);
is a protected disclosure. (2) Any employee who, in accordance with a procedure
authorised by the employer, makes a disclosure to a person other
than the employer, is deemed, for the purposes of this Act, to be
making the disclosure to the employer. 39. (1) Any disclosure made in good faith to a person or
body prescribed for purposes of this Act and in respect of which
an employee reasonably believes that —
the relevant impropriety falls within any description of
matters which, in the ordinary course are dealt with by
the person or body; and
the information disclosed, and any allegation contained in
it, are substantially true;
is a protected disclosure.

ealt with by
the person or body; and
the information disclosed, and any allegation contained in
it, are substantially true;
is a protected disclosure.

(2) A person or body referred to in, or prescribed in terms of,
subsection (1) who is of the opinion that the matter would be more
appropriately dealt with by another person or body referred to in,
or prescribed in terms of, that subsection, shall render such
assistance to the employee as is necessary to enable that employee
to comply with this section. PART IV
Procedures
by
investigating
authorities
on public
interest
disclosures
PROVISIONS RELATING TO INVESTIGATING AUTHORITIES
40. (1) An investigating authority shall, within twelve months
after the commencement of this Act, establish procedures —
to facilitate the making of public interest disclosures;
and
to deal with public interest disclosures that it is the proper
authority to receive.

es —
to facilitate the making of public interest disclosures;
and
to deal with public interest disclosures that it is the proper
authority to receive.

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 41
(2) The procedures to be established under subsection (1) shall
include procedures dealing with the following:
making public interest disclosures;
assisting and providing information to a person who is
considering making or who makes a public interest
disclosure;
protecting a person who makes a public interest disclosure
from unlawful reprisals, including unlawful reprisals taken
by public officers in relation to the government agency;
and
acting on public interest disclosures. An investigating authority that is required by an Act to
prepare an annual report of its activities during a year for tabling
before Parliament shall include in the report a description of the
procedures established by it under section forty and such other
information as may be prescribed. PART V
PROTECTION A GAINST REPRISALS
(1) A person who takes any detrimental action that is in
reprisal for a person who makes a protected disclosure commits
an offence, and is liable, upon conviction, to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a period
not exceeding two years, or to both.

able, upon conviction, to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a period
not exceeding two years, or to both.

A civil proceeding in respect of a detrimental action under
this section may be instituted at any time within three years after
the detrimental action is alleged to have been committed. In this section, "detrimental action" means action causing,
comprising or involving any of the following:
injury, damage or loss;
intimidation or harassment;
discrimination, disadvantage or adverse treatment in
relation to employment;
dismissal from, or prejudice in, employment; or
(e) disciplinary proceeding. Report on
disclosures
Protection
against
reprisals

elation to employment;
dismissal from, or prejudice in, employment; or
(e) disciplinary proceeding. Report on
disclosures
Protection
against
reprisals

Public Interest Disclosure
42 No. 4 of 2010] (Protection of Whistleblowers)
Protection
against
actions
Cap. Ill
Non-
disclosure of
person's
identity
(1) A person is not subject to any liability for making a
protected disclosure in good faith and no action, claim or demand
shall be taken or made of or against the person for making the
disclosure. (2) Subject to the State Security Act, this section has effect
despite any duty of secrecy or confidentiality or any other restriction
on disclosure, whether or not imposed by an Act, applicable to a
person.

ffect
despite any duty of secrecy or confidentiality or any other restriction
on disclosure, whether or not imposed by an Act, applicable to a
person.

An investigating authority, an officer of an investigating
authority or public officer to whom a protected disclosure is made
or referred shall not disclose information that might identify or tend
to identify a person who has made any protected disclosure
unless
the person consents in writing to the disclosure of that
information;
it is essential, having regard to the principles of natural
justice, that the identifying information be disclosed to
a person whom the information provided by the disclosure
may concern; or
(c) the investigating authority, public authority or public officer
is of the opinion that disclosure of the identifying
information is necessary to investigate the matter
effectively or it is otherwise in the public interest to do
so. PART VI
UNLAWFUL REPRISALS
Employer to 45. Within six months of the commencement of this Act, an
protect its employer shall establish procedures to protect its employees from
officers reprisals that are, or may be, taken against them. against
reprisals
Prohibition 46. (1) A person shall not engage, or attempt or conspire to
of unlawful engage, in an unlawful reprisal.

against them. against
reprisals
Prohibition 46. (1) A person shall not engage, or attempt or conspire to
of unlawful engage, in an unlawful reprisal.

reprisal (2) Any person who contravenes subsection (1) commits an
offence and is liable, upon conviction, if the offender is a natural
person, to a fine not exceeding two hundred thousand penalty units
or to imprisonment for a period not exceeding two years, or to
both, or if the offender is a body corporate, to a fine not exceeding
seven hundred thousand penalty units.

or a period not exceeding two years, or to
both, or if the offender is a body corporate, to a fine not exceeding
seven hundred thousand penalty units.

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 43
47. (1) Where an employee applies in writing to the employer
for relocation and the employer considers
that there is a danger that a person will engage in an
unlawful reprisal in relation to the employee if the
employee continues to hold the employee's current
position; and
that the only practical means of removing or substantially
removing the danger is relocation of the employee to
another position in an employing agency;
the employer shall, as far as practicable, make arrangements
for relocation of the employee to another position in the
employing agency. (2) Where an employee is relocated in accordance with this
section, the employing agency of the employee being relocated
shall—
meet all reasonable relocation expenses; and
take all reasonable steps to ensure that the employee is
placed in a position of equivalent level of salary and
duties. 48. Section forty-seven does not authorise the relocation of
an employee in relation to an employer to another position in the
employing agency without the consent of the employee. Relocation
powers
Consent to
relocation
PART VII
REMEDIES
49.

mployer to another position in the
employing agency without the consent of the employee. Relocation
powers
Consent to
relocation
PART VII
REMEDIES
49.

(1) Any employee who has been subjected, is subject or Remedies
may be subjected, to any occupational detriment in breach of section
ten, may—
apply to any court having jurisdiction, including the Industrial
and Labour Relations Court for appropriate relief; or
pursue any other process allowed or prescribed by any
law. (2) For the purposes of the Industrial and Labour Relations
Act, including the consideration of any matter emanating from this
Act by the Industrial and Labour Relations Court—
(a) any dismissal in breach of section ten is deemed to be an
unfair dismissal; and
Cap. 269

om this
Act by the Industrial and Labour Relations Court—
(a) any dismissal in breach of section ten is deemed to be an
unfair dismissal; and
Cap. 269

Public Interest Disclosure
44 No. 4 of 2010] (Protection of Whistleblowers)
Liability in
damages
Application
for
injunction or
order
Cap. 71
Injunction or
order to take
action
(b) any other occupational detriment in breach of section ten
is deemed to be an unfair labour practice. Any employee who has made a protected disclosure and
who reasonably believes that the employee may be adversely
affected on account of having made that disclosure, shall, at that
employee's request and if reasonably possible or practicable, be
transferred from the post or position occupied by that employee at
the time of the disclosure, to another post or position in the same
division or another division of the employer or, where the person
making the disclosure is employed by a government agency to
another government agency. The terms and conditions of employment of a person
transferred in terms of subsection (3) shall not, without the person's
written consent, be less favourable than the terms and conditions
applicable to that person immediately before the person's transfer.

out the person's
written consent, be less favourable than the terms and conditions
applicable to that person immediately before the person's transfer.

(1) A person who engages in an unlawful reprisal is liable
in damages to any person who suffers detriment as a result of the
unlawful reprisal. (2) The damages referred to under subsection (1) may be
recovered in an action in any court of competent jurisdiction. Subject to the State Proceedings Act, an application to a
court for an injunction or order under section fifty-two may be
made—
by a person claiming that the person is suffering or may
suffer detriment from an unlawful reprisal; or
by the Investigator-General on behalf of a person referred
to in paragraph (a). 52. (1) If, on receipt of an application under sectionfifty-one,
a court is satisfied that a person has engaged, or is proposing to
engage, in—
an unlawful reprisal; or
conduct that amounts to or would amount to-
aiding, abetting, counselling or procuring a person
to engage in an unlawful reprisal;
inducing or attempting to induce, whether by
threats, promises or otherwise, a person to
engage in an unlawful reprisal; or

e in an unlawful reprisal;
inducing or attempting to induce, whether by
threats, promises or otherwise, a person to
engage in an unlawful reprisal; or

Public Interest Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 45
(iii) being in any way, directly or indirectly,
knowingly concerned in, or party to, an unlawful
reprisal;
the court may—
order the person to take specified action to remedy any
detriment caused by the unlawful reprisal; or
grant an injunction in terms the court considers appropriate. A court may, pending the final determination of an
application under sectionfifty-one, make an interim order or grant
an interim injunction. A court may grant an injunction or an interim injunction
under this section whether or not the person has previously engaged
in conduct of that kind. (4) A court may make an order or an interim order under this
section requiring a person to take specified action, whether or not
the person has previously refused or failed to take that action. 53. (1) If the Investigator-General applies under sectionfifty-
one for an injunction or order, no undertaking as to damages or
costs is required. (2) The Investigator-General may give an undertaking as to
damages or costs on behalf of a person applying under sectionfifty-
one and, in that event, no further undertaking is required.

e an undertaking as to
damages or costs on behalf of a person applying under sectionfifty-
one and, in that event, no further undertaking is required.

Undertakings
as to
damages and
costs
PART VIII
GENERAL PROVISIONS
54. (1) A public officer shall not, without reasonable
excuse, make a record of, or wilfully disclose to another person,
confidential information gained through the public officer's
involvement in the administration of this Act. Any person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. Subsection (1) shall not apply to a public officer who makes
a record of, or discloses, confidential information—
(a) to another person for the purposes of this Act;
Prohibition
of disclosure
of
information

akes
a record of, or discloses, confidential information—
(a) to another person for the purposes of this Act;
Prohibition
of disclosure
of
information

Public Interest Disclosure
46 No. 4 of 2010] (Protection of Whistleblowers)
to another person, if expressly authorised under any other
law; or
for the purposes of a proceeding in a court or tribunal. (4) In this section, " confidential information " means
information about the identity, occupation or whereabouts
of a person who has made a public interest disclosure
or against whom a public interest disclosure has been
made;
information contained in a public interest disclosure;
information concerning an individual's personal affairs; or
information that, if disclosed, may cause detriment to a
person. False or 55. (1) A person shall not knowingly or recklessly make a
misleading false or misleading statement, orally or in writing, to any investigating
information authority with the intention that it be acted on as a public interest
disclosure.

ng statement, orally or in writing, to any investigating
information authority with the intention that it be acted on as a public interest
disclosure.

(2) Any person who contravenes subsection (1) commits an
offence and is liable, upon conviction, if the offender is a natural
person, to a fine not exceeding seven hundred thousand penalty
units or to imprisonment for a period not exceeding seven years,
or to both, or if the offender is a body corporate, to a fine not
exceeding one million penalty units. Limitation of 56. (1) A person is not subject to any liability for making a
liability public interest disclosure in good faith or providing any further
information in relation to the disclosure to an investigating authority
investigating it, and no action, claim or demand shall be taken or
made of or against the person for making the disclosure or providing
the further information.

ing it, and no action, claim or demand shall be taken or
made of or against the person for making the disclosure or providing
the further information.

Without limiting subsection (1), in proceedings for
defamation, a person has a defence of absolute privilege in respect
of the making of a public interest disclosure, or the provision of
further information in relation to a public interest disclosure, to an
investigating authority
The defence of absolute privilege is not available where
the making of a public interest disclosure is frivolous, vexatious or
otherwise meets the conditions specified in section thirteen.

ot available where
the making of a public interest disclosure is frivolous, vexatious or
otherwise meets the conditions specified in section thirteen.

Public Intetust Disclosure
(Protection of Whistleblowers) [No. 4 of 2010 47
A person's liability for the person's own conduct is not
affected by the person's disclosure of that conduct in a public interest
disclosure.
An investigating authority or principal officer, or other
5 public officer, of a government agency to whom a disclosure is
made under thisAct or, if the disclosure is referred, the investigating
authority or principal officer, or other public officer, of a government
agency, to whom the disclosure is referred, shall notify the person
who made the disclosure, within six months of the disclosure being
10 made, of the action taken or proposed to be taken in respect of the
disclosure.
Liability of
person
disclosing
Notification
to
person
making
disclosure
59. The Minister may, by statutory instrument, make Regulations
regulations for the better carrying out of the provisions of thisAct.