Section 6A – Technical failure to comply with or refer to Act

(1) A disclosure of information is not prevented from being a protected disclosure
of information for the purposes of this Act merely because—
(a) of a technical failure to comply with sections 7 to 10 if the employee has
substantially complied with the requirement in section 6 to disclose the
information in accordance with this Act; or
(b) the employee does not expressly refer to the name of this Act when the
disclosure is made.
Example
Person A is an employee of Organisation B.
B’s internal procedures for receiving and dealing with information about serious
wrongdoing require the information to be provided to B’s Human Resources Manager
using a particular form.
Person A provides the information using the form to B’s chief executive rather than
the Human Resources Manager. Person A otherwise substantially complies with
the Act.
The failure to comply is merely technical. Under this section, the disclosure is still a
protected disclosure for the purposes of this Act.

(2) This section applies despite anything to the contrary expressed or implied in
the relevant internal procedures.

Commentary

This section makes it clear that a protected disclosure will not be deemed invalid because of a technical failure to comply with sections 7-10 of this Act or if an employee fails to state the name of this Act when making a disclosure.  It also makes it clear that even though the relevant internal procedures of an organisation may not have been complied with, the provisions of this section take precedence over such internal procedures.