Public Interest Disclosures

The Public Interest Disclosures Act 2012 (the PID Act) encourages and assists people to report improper conduct involving public officers and public bodies. It provides protections for people who make disclosures and ensures that certain information is kept confidential, including the identity of the discloser and the content of their disclosure.

The Department of Jobs, Skills, Industry and Regions (DJSIR) is committed to the aims and objectives of the PID Act. We recognise the value of transparency, integrity and accountability, and support individuals who disclose improper conduct.

What is a public interest disclosure?

A public interest disclosure (PID) is a complaint or allegation made about improper conduct or detrimental action involving a public officer or public body.

Improper conduct includes:

• corrupt conduct
• any of the following conduct by a public officer or public body in their capacity as a public officer or public body:
  • a criminal offence
  • serious professional misconduct
  • dishonest performance of public functions
  • intentional or reckless breach of public trust
  • an intentional or reckless misuse of information
  • a substantial mismanagement of public resources
  • a substantial risk to health or safety of one or more persons
  • a substantial risk to the environment
• conduct of any person that adversely affects, or is intended to affect, the honest or effective performance by a public officer or public body of their functions
• conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to above.

Detrimental action is any adverse action that is taken against a person in reprisal for making or assisting with a disclosure.

Who can make a disclosure?

Any person or group of persons (but not businesses) can make a disclosure.

How do I make a disclosure?

Disclosures about DJSIR or its staff should be made to the Public Interest Disclosure (PID) Coordinator:

John Lombard
Director, Integrity Services
GPO Box 4509, Melbourne VIC 3000
Phone: 0412 205 128
Email: john.lombard@ecodev.vic.gov.au

If you work for DJSIR, disclosures may also be made to:

• the Secretary
• your manager or supervisor
• the manager or supervisor of the person who is the subject of your disclosure.

Disclosures may also be made directly to the Independent Broad-based Anti-corruption Commission (IBAC):

Level 1, North Tower, 459 Collins Street , Melbourne VIC 3000
Telephone: 1300 735 135
Email: info@ibac.vic.gov.au
Online: Using IBAC’s online complaint form

Disclosures can be made:

• by phone (including by leaving a voicemail message)
• in person
• in writing by email or letter (but not by fax).

Any disclosures sent by email or letter should be marked ‘Confidential – for addressee eyes only’.

Disclosures about entities other than DJSIR and individuals who are not employed by DJSIR should be made directly to IBAC. However, in most cases, DJSIR is able to confidentially refer misdirected disclosures to the most appropriate body for action in accordance with the ‘no wrong door’ provisions contained in the PID Act.

What happens after I make a disclosure?

• The PID Coordinator will acknowledge receipt of your disclosure and advise you of the next steps. An assessment is then conducted to determine if your disclosure meets the PID threshold.
• If the PID Coordinator determines that your disclosure is not a PID, you will be notified in writing within 28 days of the disclosure being made. The PID Coordinator will consider whether any other action should be taken.
• If your disclosure meets the PID threshold, the PID Coordinator will notify IBAC of their assessment in writing within 28 days of the disclosure being made. You will be informed that your disclosure has been referred to IBAC.
• Once a PID has been referred to IBAC, it will conduct a further assessment and advise you of the outcome.

What protection will I receive?

Once a report has been formally assessed as a PID, disclosers receive various protections under the PID Act, including that they:

• cannot be fired, disciplined or bullied for making a disclosure
• are not subject to any civil or criminal liability for making a disclosure
• are not committing an offence against the Constitution Act 1975 or any other Act that imposes obligations of confidentiality or any other restriction on the disclosure of information
• are not breaching any other obligation (made by oath, rule of law or practice) requiring the maintenance of confidentiality or otherwise restricting confidentiality
• cannot be held liable for defamation in relation to information included in the disclosure.

In most circumstances, the discloser’s identity and the content of their disclosure must also be kept confidential.

Where can I get more information?

More information about DJSIR’s processes for handling PIDs can be obtained by contacting DJSIR’s PID Coordinator via the contact details above.

More information on the PID Act and IBAC's procedures are available from IBAC.