Member

2C: Clause 4, page 5, line 12, at end insert— “340IC Commissioner’s functions in relation to whistleblowing (1) The Commissioner may investigate any concern raised by a whistleblower of which the Commissioner becomes aware (whether because the whistleblower has contacted the Commissioner or for any other reason) but only if the whistleblower informs the Commissioner, before the beginning of the investigation, that he or she consents to an investigation taking place. (2) The Commissioner must, when carrying out an investigation under this section, take all reasonable precautions to ensure the anonymity of the whistleblower. (3) For the purposes of this section and section 365AA a person (“P”) is a “whistleblower” if— (a) P is subject to service law or is a relevant family member, (b) P raises a concern about a person who is subject to service law, (c) the concern raised by P relates to general service welfare matters (as defined by section 340IA(2)), and (d) the concern raised by P does not relate to the conditions of service of persons subject to service law. (4) After carrying out an investigation of a concern raised by a whistleblower under this section, the Commissioner may prepare a report setting out the Commissioner’s findings. (5) A report under subsection (4) must not include information which identifies the whistleblower or enables them to be identified, except with their consent.””