What is a public interest disclosure?
A public interest disclosure is a report made by an individual about:
- improper conduct of public officers or public bodies
- detrimental action that a public officer or public body has taken or proposes to take against a person in reprisal for having made a public interest disclosure or cooperated with the investigation of a public interest disclosure.
Who can make a public interest disclosure?
Any individual (for instance, an employee of the department, a member of the public or a stakeholder) may make a disclosure.
A person who makes a public interest disclosure is called a discloser. They may also be called a ‘whistleblower’.
What can I make a public interest disclosure about?
You may make a disclosure about improper conduct and detrimental action taken by a person, public officer, or public body. This includes the department, its offices, and agencies. It also includes the statutory authorities in the department's portfolio.
Improper conduct is defined in the Public Interest Disclosures (PID) Act. Examples of improper conduct include serious professional misconduct, intentional or reckless breach of public trust and conduct adversely affecting the honest performance by a public officer of their functions.
Detrimental action includes action that causes injury, loss or damage, and may include intimidation, harassment or discrimination.
A disclosure can relate to conduct or action that:
- may have already taken place
- may be occurring now
- may happen in the future.
How do I make a disclosure?
You can disclose information about the department or its staff by contacting the Department of Government Services’ Public Interest Disclosure Coordinator:
- Mail – Public Interest Disclosure Coordinator, Office of the General Counsel, Department of Government Services, 1 Macarthur Place, East Melbourne VIC 3002
If you work for the department, you can also speak with your line manager or the Secretary to make a disclosure.
You can also disclose directly to the Independent Broad-based Anti-corruption Commission (IBAC):
- Online – using IBAC’s online complaint form
- Phone – 1300 735 135
- In person at IBAC’s offices – Level 1, North Tower, 459 Collins Street, Melbourne VIC 3000
If your disclosure is about a ministerial officer, you should contact IBAC. If your disclosure is about a statutory entity or statutory office within the department’s portfolio, you should contact IBAC, the Ombudsman or the Victorian Inspectorate.
What happens after I make a disclosure to the department?
The department’s Public Interest Disclosure Coordinator will assess your disclosure. They will determine if it meets the threshold of a public interest disclosure. If your disclosure meets the threshold, the department must refer the matter to IBAC for further assessment.
If your disclosure is assessed as not a public interest disclosure, the Public Interest Disclosure Coordinator will consider what to do next. This includes if the matter should be investigated internally.
What kind of protections do disclosers have?
Once the department or IBAC formally assess a report as a public interest disclosure, the discloser gets protections. The discloser:
- cannot be fired, disciplined, harassed, or discriminated against for making a disclosure
- is not subject to any civil or criminal liability for making a disclosure
- does not breach the Constitution Act 1975 or any other Act that requires confidentiality or otherwise restricts information disclosure
- does not breach any other obligation that requires them to keep information secret or restrict disclosure
- cannot be held liable for defamation in relation to information included in a public interest disclosure
In most cases the content of a public interest disclosure, and the identity of the discloser, must also be kept secret. This information may be disclosed in some cases, including when needed to use powers under the PID Act.
Purpose of the Public Interest Disclosures Act
The PID Act aims to:
- encourage people to report improper conduct and detrimental action taken in reprisal for a public interest disclosure
- protect people who make a disclosure or those who may suffer in reprisal for a disclosure
- ensure that certain information about a disclosure is kept confidential. This includes the discloser's identity and the content of the disclosure.
More information
You can visit IBAC’s website for more information on public interest disclosures.
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