Appendix 5 – Rights, responsibilities and protections of other persons

Responsibilities of public officials

Under s61 of the PID Act, public officials must use their best endeavours to:

  • assist the principal officer in the conduct of an investigation under the PID Act.
  • assist the Ombudsman in the performance of the Ombudsman's functions under the PID Act.
  • assist the IGIS in the performance of IGIS's functions under the PID Act.
  • assist any other public official to exercise a right, or performance any duty or function, under the PID Act. 

Immunities from liability for witnesses

A witness (other than a discloser) will not be subject to any civil, criminal or administrative liability because they give information or produce a document or other thing, or answer a question, that the witness considers on reasonable grounds to be relevant to:

  • the making of a decision in relation to the allocation of a disclosure under s43 of the PID Act;
  • a disclosure investigation or a proposed disclosure investigation; or
  • a review or proposed review by the Ombudsman or IGIS under s55(3) of the PID Act about the handling of a disclosure.

This immunity does not apply to any liability of the witness for:

  • making false or misleading statements;
  • contravening a designated publication restriction;
  • particular offences under the Criminal Code;
  • their own conduct (the immunity only relates to the act of providing assistance in relation to the public interest disclosure).