(a) despite the repeal of the WPA, commence an investigation of the disclosed matter under Division 3 of Part 5 of the WPA; or (b) notify the disclosure to the IBAC under section 21(2) of this Act; or (c) despite the repeal of the WPA, decide under section 40 of the WPA not to investigate the disclosed matter. (3) On and after the commencement day the Ombudsman must not refer a disclosure made under the WPA to another entity under section 41, 42, 43 or 44 of the WPA. (4) A disclosure notified to the IBAC under subclause (2)(b) is taken to be a protected disclosure complaint and must be dealt with by the IBAC in accordance with the Independent Broad-based Anti-corruption Commission Act 2011. (5) The notification by the Ombudsman of a disclosure to the IBAC pursuant to subclause (2)(b) does not contravene section 22 of the WPA or section 80 of this Act. 5 Disclosure made to the Director but not notified to Ombudsman If, before the commencement day— (a) a disclosure has been made to the Director in accordance with Part 2 of the WPA; and (b) the Director has not referred the disclosure to the Ombudsman under section 34 or 36 of the WPA— the disclosure is on the commencement day taken to have been made to the IBAC in accordance with Division 2 of Part 2 of this Act and must be dealt with by the IBAC as an assessable disclosure in accordance with this Act.
(a) despite the repeal of the WPA, commence an investigation of the disclosed matter under Division 3 of Part 5 of the WPA; or (b) notify the disclosure to the IBAC under section 21(2) of this Act; or (c) despite the repeal of the WPA, decide under section 40 of the WPA not to investigate the disclosed matter. (3) On and after the commencement day the Ombudsman must not refer a disclosure made under the WPA to another entity under section 41, 42, 43 or 44 of the WPA. (4) A disclosure notified to the IBAC under subclause (2)(b) is taken to be a protected disclosure complaint and must be dealt with by the IBAC in accordance with the Independent Broad-based Anti-corruption Commission Act 2011. (5) The notification by the Ombudsman of a disclosure to the IBAC pursuant to subclause (2)(b) does not contravene section 22 of the WPA or section 80 of this Act. 5 Disclosure made to the Director but not notified to Ombudsman If, before the commencement day— (a) a disclosure has been made to the Director in accordance with Part 2 of the WPA; and (b) the Director has not referred the disclosure to the Ombudsman under section 34 or 36 of the WPA— the disclosure is on the commencement day taken to have been made to the IBAC in accordance with Division 2 of Part 2 of this Act and must be dealt with by the IBAC as an assessable disclosure in accordance with this Act.
12-85a009.docx