Interpretation

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In this Law —

"appointed day" means the date of commencement of this Law;

"Chief Officer" has the meaning assigned by the Public Service Management Law (2013 Revision);

"civil service entity" means a ministry, portfolio, the Cabinet Office, Office of Director of Public Prosecutions, the Office of the Complaints Commissioner, the Office of the Information Commissioner, the Audit Office and the Legislative Assembly;

"complaint" means a complaint made under this Law;

"designated authority" means the person so designated under section 7;

"detrimental action" includes —

action causing injury, loss or damage;

intimidation or harassment;

unlawful discrimination, disadvantage or adverse treatment in relation to a person's employment, family life, career, profession, trade or business, including the taking of disciplinary action;

preventing, restraining or restricting an employee from making a protected disclosure; and

inducing any person by threats, promises or otherwise to contravene this Law;

"Director of Labour" means the Director of Labour appointed under the Labour Law (2011 Revision);

"disclosure" means disclosure of information made by a person where the person has a reasonable belief that the information disclosed shows or tends to show that improper conduct has occurred, is occurring or is likely to occur;

"employee" includes —

any person who —

works or has worked for another person; and

receives, received, or is entitled to receive, any remuneration for work done;

any person who in any manner assists or has assisted in the carrying on or the conduct of the business of an employer, without any entitlement to receive remuneration or reward; or

any person who is, or was, engaged or contracted under a contract for services to do work for another person, or any agent of the person;

"employer" includes any person who —

employs or has employed another person to carry out work or provide services and who remunerates, or expressly or tacitly undertakes to remunerate, that other person for the work carried out or services provided; or

permits or has permitted another person to assist in any manner in the carrying on or the conduct of the business of that person, without any obligation to provide remuneration or reward to that other person;

"improper conduct" means —

a criminal offence which has been committed, is being committed or is likely to be committed;

a failure to carry out a legal obligation;

conduct that has resulted, is resulting or is likely to result in a miscarriage of justice;

conduct which is or is likely to be a detrimental action;

conduct that has resulted, is resulting or is likely to result, in a violation of the human rights set out in the Constitution of the Islands;

conduct that has resulted, is resulting or is likely result, in a threat to the health or safety of a person or of the public;

conduct that has resulted, is resulting or is likely to result, in a threat or damage to the environment;

conduct that shows gross mismanagement, impropriety or misconduct in the carrying out of any activity that involves the use of public funds; or

wilful concealment of any act described in paragraphs (a) to (h);

"investigation" means the carrying out of an enquiry under this Law in respect of a disclosure;

"labour tribunal" means a tribunal established under the Labour Law (2011 Revision);

"ministry" means the whole of the division of government administration for the actions of which a Minister is accountable to the Legislative Assembly and includes a departmental section or unit which forms part thereof, but does not include a statutory authority or government company;

"portfolio" means the whole of a division of government administration for the actions of which an Official Member is accountable to the Legislative Assembly, and includes a departmental section or unit which forms part thereof, but does not include a statutory authority or government company; and includes the Governor's office and the judicial administration; and

"protected disclosure" means a disclosure made in accordance with this Law by a person to the designated authority or to an attorney-at-law.

Defined Terms

appointed dayChief Officercivil service entitycomplaintdesignated authoritydetrimental actionDirector of Labourdisclosureemployeeemployerimproper conductinvestigationlabour tribunalministryportfolioprotected disclosure

Cross References

Section of Public Service Management Law
Public Service Management Law (2013 Revision) - definition of Chief Officer
Section 7 of Whistleblower Protection Act
section 7 - designation of authority
Section of Labour Law
Labour Law (2011 Revision) - Director of Labour and labour tribunal

Whistleblower Protection Act

6 Parts