Protected Disclosures (Amendment) Act 2022

Amendment of section 5 of Principal Act

6. Section 5 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “subsection (6) ” for “subsections (6) and (7A)”,

(b) in subsection (2)(b), by the substitution of “in a work-related context” for “in connection with the worker’s employment”,

(c) in subsection (3)—

(i) in paragraph (g), by the substitution of “mismanagement,” for “mismanagement, or”,

(ii) by the substitution of the following paragraph for paragraph (h):

“(h) that a breach has occurred, is occurring or is likely to occur, or”,

and

(iii) by the insertion of the following paragraph after paragraph (h):

“(i) that information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed or an attempt has been, is being or is likely to be made to conceal or destroy such information.”,

(d) by the insertion of the following subsection after subsection (5):

“(5A) A matter concerning interpersonal grievances exclusively affecting a reporting person, namely, grievances about interpersonal conflicts between the reporting person and another worker, or a matter concerning a complaint by a reporting person to, or about, his or her employer which concerns the worker exclusively, shall not be a relevant wrongdoing for the purposes of this Act and may be dealt with through any agreed procedures applicable to such grievances or complaint to which the reporting person has access or such other procedures, provided in accordance with any rule of law or enactment (other than this Act), to which the reporting person has access.”,

and

(e) in subsection (7), by the substitution of “The motivation” for “Subject to subsection (7A), the motivation”.