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PID Guidelines and Standards

Improper conduct – serious or significant?

Under s 38(1)(f) of the Act, the Ombudsman is required to publish guidelines and standards to assist users of the Act in determining whether improper conduct (as defined in the Act) is serious or significant.  These guidelines are critical to the operation of the Act, for they bear upon whether a disclosure under the Act is covered by the protections provided by the Act, and whether the disclosure must be investigated. 

The Ombudsman has published the following Guidelines and Standards for this purpose –

Guideline No. 1/2010 – Guidelines and Standards for the Purpose of Determining whether Improper Conduct is Serious or Significant (1 October 2010)

Procedures to be followed by public bodies

The Ombudsman is required by s 38 of the Public Interest Disclosures Act 2002 to publish certain guidelines and standards relating to the operation of the Act.

Under s 38(1)(c), the Ombudsman is required to publish guidelines and standards for the procedures to be followed by public bodies in relation to -

  • disclosures under Part 2 of the Act
  • investigations under Part 7 of the Act
  • the protection of persons against reprisals by public bodies or members, officers or employees of public bodies because of protected disclosures
  • the application of natural justice to all parties involved in an investigation of a public interest disclosure.

The Ombudsman has published the following Guidelines and Standards for this purpose -
 
Guideline No. 1/2011 - Guidelines and Standards for Procedures to be followed by Public Bodies

The Model Procedures which are attached to the Guidelines and Standards are here given in Word format, to make it easier for public bodies to work with them -
 
Model Procedures (Word format)

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Translating and Interpreting Service

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Visit the Translating and Interpreting Service (TIS) National website for more information