Member

16: 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) In deciding whether to investigate, the Commissioner must take into account the public interest.(3) The Commissioner must, when carrying out an investigation under this section, take all reasonable precautions to ensure the anonymity of the whistleblower.(4) For the purposes of this section, a person is a “whistleblower” if—(a) the person is, or was at any time, subject to service law,(b) the person raises a concern that is about another person subject to service law, and(c) the matter to which the concern relates is not about the conditions of service of persons subject to service law.”Member’s explanatory statement This amendment creates a new whistleblowing duty for the Commissioner, to ensure service personnel can raise concerns with anonymity.