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Criminal offences

MFB will ensure officers appointed to handle protected disclosures and all other employees are aware of the following offences created by the Act:

1. It is an offence for a person to take detrimental action against a person in reprisal for a protected disclosure being made. The Act provides a maximum penalty of a fine of 240 penalty units or two years imprisonment or both (s 18(1)). 
2. It is an offence for a person to divulge information obtained as a result of the handling or investigation of a protected disclosure except in specified circumstances.  The Act provides a maximum penalty of 60 penalty units or six months imprisonment or both (s 22).
3. It is an offence for a person to obstruct, make a false or misleading statement to or knowingly mislead or attempt to mislead the Ombudsman in performing his or her responsibilities under the Act or to fail to comply with any lawful requirement of the Ombudsman without lawful excuse. The Act provides a maximum penalty of 240 penalty units or two years imprisonment or both (s 60).
4. It is an offence for a person to knowingly provide false information under the Act with the intention that it be acted on as a disclosed matter. The Act provides a maximum penalty of 240 penalty units or two years imprisonment or both (s 106).