Untitled document

Whistleblowers Protection (Amendment) Regulations 2005

S.R. No. 71/2005

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.     Authorising provision

3.     Amendment of Objectives

4.New regulations 10 and 11 inserted

10.Direction to bring person held in custody before
Director

11.Director must report other matters to Special Investigations Monitor

5.New Schedule inserted

SCHEDULE

Form 1—Direction to Bring a Person Held in Custody before the Director, Police Integrity

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 71/2005

Whistleblowers Protection Act 2001

Whistleblowers Protection (Amendment) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 28 June 2005

Responsible Minister:

ROB HULLS
Attorney-General

RUTH LEACH

Acting Clerk of the Executive Council

1.  Objective

The objective of these Regulations is to amend the Whistleblowers Protection Regulations 2001 to prescribe—

(a)the form of a direction that may be given by the Director under section 61L(2) of the Whistleblowers Protection Act 2001;

(b)other matters to be set out in a written report of the Director to the Special Investigations Monitor under section 105D(2) of the Whistleblowers Protection Act 2001.

2.  Authorising provision

These Regulations are made under section 112 of the Whistleblowers Protection Act 2001.

3.  Amendment of Objectives

(1)In regulation 1(b) of the Whistleblowers Protection Regulations 2001[1], for "Act." substitute "Act; and".

(2)After regulation 1(b) of the Whistleblowers Protection Regulations 2001 insert—

"(c)to prescribe the form of a direction that may be given by the Director under section 61L(2) of that Act; and

(d)to prescribe other matters to be set out in a written report of the Director to the Special Investigations Monitor under section 105D(2) of that Act.".

4.New regulations 10 and 11 inserted

After regulation 9 of the Whistleblowers Protection Regulations 2001 insert—

"10.Direction to bring person held in custody before Director

For the purposes of section 61L(3)(a) of the Act, the prescribed form of a direction is Form 1 in the Schedule.

11.Director must report other matters to Special Investigations Monitor

(1)For the purposes of section 105D(2)(e) of the Act, the following matters are prescribed—

(a)if section 105D(1)(c) of the Act applies and the person attends the Director following a warrant to arrest issued under section 61K(2) of the Act, whether the person was detained in police custody and if so—

(i)how long the person was detained; and

(ii)the place of detention; and

(iii)whether the person applied to a bail justice for discharge from custody;

(b)whether the person was given a written notice by the Director under section 61G(2) of the Act;

(c)whether the person has been charged with an offence against section 61G(3) of the Act;

(d)whether the person was brought before the Director under a written direction under section 61L(2) of the Act;

(e)the duration of the attendance of the person on the Director;

(f)whether the person was aged under 18 years and if so—

(i)whether a parent or guardian of the person or an independent person was present during the person's attendance; and

(ii)whether it reasonably appeared to the Director that the person exercised his or her right to confer with the parent, guardian or independent person (as the case may be) before providing any information, producing any document or thing or giving any evidence;

(g)whether the Director believed the person to have a mental impairment and if so—

(i)whether an independent person was present during the person's attendance; and

(ii)whether it reasonably appeared to the Director that the person exercised his or her right to confer with the independent person before providing any information, producing any document or thing or giving any evidence;

(h)whether the person had legal or other representation;

(i)whether the Director has issued a certificate of charge and an arrest warrant under section 61H(2) of the Act and if so—

(i)details of the alleged contempt of the Director as set out in the certificate of charge; and

(ii)whether the arrest warrant was executed and if so—

(A)how long the person has been detained (to the extent known at the time the report is written); and

(B)the place of detention; and

(C)whether the person has applied to a bail justice for discharge from custody; and

(iii)details of the outcome of the contempt of the Director being dealt with by the Supreme Court (to the extent known at the time the report is written).

(2)Sub-regulation (1)(i) ceases to have effect on the day on which section 61H of the Act ceases to have effect.".

5.New Schedule inserted

At the end of the Whistleblowers Protection Regulations 2001 insert—

"SCHEDULE

FORM 1

Regulation 10

Whistleblowers Protection Act 2001

Section 61L

DIRECTION TO BRING A PERSON HELD IN CUSTODY BEFORE THE DIRECTOR, POLICE INTEGRITY

To: (insert name of person in charge of place where person is held in custody)

at (insert name of place where person is held in custody)

Under section 61L(2) of the Whistleblowers Protection Act 2001

I direct that (insert name of person in custody) born on (insert date of birth)

who is detained at (insert name of place where person is held in custody)

be delivered into the custody of (insert name of member of police force)

to be brought before me

at (insert address)

on (insert date) at            *a.m./p.m.

to provide information, produce a document or thing or give evidence as required by the summons issued under section 17 of the Evidence Act 1958 for the purposes of an investigation under the Whistleblowers Protection Act 2001 and directed to the person who is the subject of this direction.

Take note: If the person who is the subject of this direction is under the age of 16 years at the date this direction is given, the direction is of no effect and the person is not required to attend the Director.

Dated:

Director, Police Integrity

* Delete if inapplicable".

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ENDNOTES

[1] Reg. 3(1): S.R. No. 158/2001 as amended by S.R. No. 70/2002.