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The Public InterestDisclosure (Whistleblower Protection) Amendment Act

Full Title:
The Public InterestDisclosure (Whistleblower Protection) Amendment Act

The Public Interest Disclosure (Whistleblower Protection) Act is amended as follows. The chief executive of a public body must act as the designated officer when a disclosure of alleged wrongdoing involves the designated officer or another senior official. A disclosure involving the chief executive must be referred to the Ombudsman or, if the chief executive is a deputy minister, to the Clerk of the Executive Council. An employee can make a disclosure despite any agreement to the contrary. The circumstances in which reprisals against an employee are prohibited are expanded to include when the employee is suspected of making a disclosure, declines to participate in a wrongdoing or otherwise complies with the Act. The burden of proving that a person did not take a reprisal against an employee is on the person who is alleged to have taken the reprisal. The Ombudsman may take appropriate steps to help resolve a reprisal complaint within a public body. A public body's annual report of the number of disclosures received must include a nil report when no disclosures are received.