Protected Disclosures (Amendment) Act 2022

Amendment of section 10 of Principal Act

13. The following section is substituted for section 10 of the Principal Act:

“10. A disclosure is made in the manner specified in this section if—

(a) it is made otherwise than in the manner specified in sections 6 to 9,

(b) the worker reasonably believes that the information disclosed in the report, and any allegation contained in it, are substantially true, and

(c) the worker—

(i) has previously made a disclosure of substantially the same information in the manner specified in section 6, 7 or 8, as the case may be, but no appropriate action was taken in response to the report within the period specified in section 6A(1)(e), 7A(1)(c), 10C(7)(b), 10D(7)(b) or 10E(1)(c), as the case may be, or

(ii) reasonably believes that—

(I) the relevant wrongdoing concerned may constitute an imminent or manifest danger to the public interest, such as where there is an emergency situation or a risk of irreversible damage, or

(II) if he or she were to make a report in the manner specified in section 7 or 8, as the case may be—

(A) there is a risk of penalisation, or

(B) there is a low prospect of the relevant wrongdoing being effectively addressed, due to the particular circumstances of the case, such as those where evidence may be concealed or destroyed or where a prescribed person may be in collusion with the perpetrator of the wrongdoing or involved in the wrongdoing.”.