Section 10 – Disclosure may be made to Minister of the Crown or Ombudsman in certain circumstances

(1) A disclosure of information may be made to a Minister of the Crown or an Ombudsman if the employee making the disclosure—
(a) has already made substantially the same disclosure in accordance with section 7 or section 8 or section 9; and
(b) believes on reasonable grounds that the person or appropriate authority to whom the disclosure was made—

(i) has decided not to investigate the matter; or
(ii) has decided to investigate the matter but has not made progress with the investigation within a reasonable time after the date on which the disclosure was made to the person or appropriate authority; or
(iii) has investigated the matter but has not taken any action in respect of the matter nor recommended the taking of action in respect of the matter, as the case may require; and
(c) continues to believe on reasonable grounds that the information disclosed is true or likely to be true.
(2) A disclosure under this section may be made to an Ombudsman only if—
(a) it is in respect of a public sector organisation and it has not already been made to an Ombudsman under section 9; or
(b) it is in respect of an organisation other than a public sector organisation and the disclosure is made for the purpose of allowing the Ombudsman to act under section 15 or 16.
(3) This section is subject to sections 12 to 14.

Commentary

This section allows an employee to make a disclosure to a Minister of the Crown or an Ombudsman if that employee has already made substantially the same disclosure in accordance with sections 7 or 8 or 9 of the Act.

It provides that the employee must have a belief based on reasonable grounds that as a consequence of making the disclosure, a decision has been made not to investigate the matter by the person or appropriate authority.  Or that even if the matter has been investigated, there has been no progress made in such investigation.  Or that the disclosure having been investigated, no action has been taken or recommended as the case may require and the employee continues to believe on reasonable grounds that the information supplied was true or likely to be true.

A disclosure to an Ombudsman can only be made if it relates to a public sector organisation and it has not already been disclosed to an Ombudsman pursuant to s. 9.  Or it relates to an organisation other than a public sector organisation and is for the purpose of allowing action pursuant to sections 15 or 16.