Section 8 – Disclosure may be made to head of organisation in certain circumstances

(1) A disclosure of information may be made to the head or a deputy head of the
organisation if—
(a) the organisation has no internal procedures established and published for
receiving and dealing with information about serious wrongdoing; or
(b) the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is or may be involved in the serious wrongdoing alleged in the disclosure; or
(c) the employee making the disclosure believes on reasonable grounds that the person to whom the wrongdoing should be reported in accordance with the internal procedures is, by reason of any relationship or association with a person who is or may be involved in the serious wrongdoing alleged in the disclosure, not a person to whom it is appropriate to make the disclosure.
(2) This section is subject to sections 12 to 14.

Commentary

This Section deals with the fact that a disclosure under the Act is permitted to be conveyed to either the head or deputy head or an organisation if certain circumstances apply.  Firstly it covers the scenario if the organisation has no internal procedures set up to deal with disclosures or serious wrongdoing. 

Secondly it sets out to cover the scenario that might occur where there are internal procedures in place, but a person wishing to make a disclosure of serious wrongdoing believes on reasonable grounds that the person to whom the report should be made, may have a serious conflict in terms of some association with the serious wrongdoing.