Section 13
Finding of enforcement agency after investigation of improper conduct
of Whistleblower Protection Act 2010
If the report under section 12 makes a finding that—
(a)
the disclosure of improper conduct is not substantiated, the enforcement agency shall inform the whistleblower;
(b)
the improper conduct constitutes a disciplinary offence, the enforcement agency shall make a recommendation to the appropriate disciplinary authority or other appropriate authority in the case of a public body or to the employer or other appropriate person in the case of a private body to initiate disciplinary proceedings or to take such steps as it deems appropriate against the officer of the public body or the officer of the private body who had committed the improper conduct; or
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(c)
the improper conduct constitutes a criminal offence and in the case where—
(i)
the Public Prosecutor decides to prosecute, the enforcement agency shall obtain from the Public Prosecutor periodical reporting until the matter has been duly disposed of; or
(ii)
the Public Prosecutor decides not to prosecute, the enforcement agency shall inform the whistleblower.
(2)
Where the enforcement agency has referred a matter under paragraph (1)(b), the appropriate disciplinary authority or other appropriate authority or the employer or other appropriate person shall inform the enforcement agency—
(a)
the steps taken, or intended to be taken, to give effect to the finding and recommendation within six months from the date of receipt of the finding and recommendation;
or
(b)
the reason for not initiating any disciplinary proceedings or for not taking the steps recommended by the enforcement agency within fourteen days of making such decision, as the case may be.
(3)
If, after considering any information provided by the appropriate disciplinary authority or other appropriate authority or employer or other appropriate person, it appears to the enforcement agency that insufficient steps or no action has been taken to give effect to the finding or recommendation within a reasonable time, the enforcement agency may report to the Minister on the investigation, finding, recommendation and the response to the finding and recommendation.
(4)
The enforcement agency shall inform the whistleblower of the result of the investigation and any action taken by the appropriate disciplinary authority or the other appropriate authority, the employer or the other appropriate person or the
Public Prosecutor, as the case may be.
Act 711