Section 9 – Disclosure may be made to appropriate authority in certain circumstances

(1) A disclosure of information may be made to an appropriate authority if the employee making the disclosure believes on reasonable grounds—
(a) that the head of the organisation is or may be involved in the serious wrongdoing alleged in the disclosure; or
(b) that immediate reference to an appropriate authority is justified by reason of the urgency of the matter to which the disclosure relates, or some other exceptional circumstances; or
(c) that there has been no action or recommended action on the matter to which the disclosure relates within 20 working days after the date on which the disclosure was made.
(2) This section is subject to sections 12 to 14.

Commentary

This section provides grounds for an employee when making a disclosure, to make such disclosure to an appropriate authority if there is a belief based on reasonable grounds, the head of the organisation in question, is or may be involved in the serious wrongdoing.

Or that such action is necessary because of the urgency of the matter involving the disclosure.

Or that having made a disclosure in accordance with set procedures, there has been no action taken within twenty working days after the date when the information was disclosed.

There is a proviso in this section which brings the provisions of sections 12 – 14 of the Act into play dealing with Security Intelligence matters.