Plan support and risk controls where detriment or a reprisal is alleged
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the de-identified account of alleged detriment, prepare a support and risk-control plan for a Commonwealth public interest disclosure. Set out the s 13 reprisal test: conduct that results in detriment, or that consists of or results in a threat to cause detriment; a belief or suspicion that the second person or any other person has made, may have made, proposes to make or could make a public interest disclosure; and that belief or suspicion as the reason or part of the reason. The examples in s 13 include the discloser and a witness. Detriment includes the list in s 13(2). Paragraph (c) of that list is alteration of an employee's position to the employee's disadvantage. Section 13(3) provides that reasonable administrative action to protect the other person from detriment is not a reprisal to that extent. The plan lists support steps, who will have the discloser's identity, and which of those steps are reasonable administrative action to protect the person from detriment. The compilation outline records that the principal officer and authorised officers have a duty to protect a public official belonging to the agency from reprisals and points to ss 59(9) and 60(2). Put those section numbers on the plan for the lawyer to read. Identity handling on the same plan uses s 20 and the exceptions in s 20(3). The lawyer supplies a de-identified copy. The tool does not receive the discloser's name or details likely to identify the discloser. The tool does not write a direction to staff that will be sent.
- What the lawyer must review
- The lawyer decides the controls, whether any proposed step is itself a reprisal or is reasonable administrative action under s 13(3), and writes any direction that is sent. The lawyer reads ss 59(9) and 60(2) before the duty is described to the agency. A corporations detriment response stays on the corporations investigation plan and the s 1317ADA list. A State or Territory agency uses its own Act. The NSW and Queensland differences are in the versions.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Protection-from-detriment checklist for a corporations or public-sector disclosure | Checklist | AI use Yellow | A checklist of the detriment lists in Corporations Act s 1317ADA and Public Interest Disclosure Act s 13, and of the support steps to record. |
Signed-in accounts can read the full text of each one. All precedents.
Related tasks
Advise a prospective discloser which recipient to use so the corporations disclosure qualifies for protectionPrepare the issues for a compensation claim for detrimentCheck a proposed release or contract change against whistleblower protectionsPrepare the allocation and investigation worksheet for a public-sector disclosure