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Public Servants Disclosure Protection Act

Version of section 22 from 2005-11-25 to 2006-12-11:

The following provision is not in force.

Marginal note:Duties

 The duties of the Commissioner under this Act are to

  • (a) provide advice to public servants who are considering making a disclosure under this Act;

  • (b) receive, record and review disclosures of wrongdoings in order to establish whether there are sufficient grounds for further action;

  • (c) conduct investigations of disclosures made in accordance with section 13, and investigations referred to in section 33, including to appoint persons to conduct the investigations on his or her behalf;

  • (d) ensure that the right to procedural fairness and natural justice of all persons involved in investigations is respected, including persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings;

  • (e) subject to any other Act of Parliament, protect, to the extent possible in accordance with the law, the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings;

  • (f) establish procedures for processing disclosures and ensure the confidentiality of information collected in relation to disclosures and investigations;

  • (g) review the results of investigations and report his or her findings to the persons who made the disclosures and to the appropriate chief executives; and

  • (h) make recommendations to chief executives concerning the measures to be taken to correct wrongdoings and review reports on measures taken by chief executives in response to those recommendations.


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