Public Interest Disclosures Act 2012

It has also been designed to ensure that public organisations such as councils are responsible, accountable and protect the public by exposing serious public sector unlawful activity.

The Act provides protection to persons (sometimes referred to as whistleblowers) who make disclosures in accordance with the Act and establishes a system for these matters to be investigated and remedial action to be taken if necessary.

We will not tolerate improper conduct by our employees, officers or Councillors, nor the taking of reprisals against those who come forward to disclose such conduct.

We support the making of disclosures that reveal:

• Corrupt conduct

• Conduct involving a substantial mismanagement of public resources

• Conduct involving a substantial risk to public health and safety or the environment.

Guidelines have been developed and procedures adopted to manage compliance with the Act.

What is the Public Interest Disclosures Act 2012?

In summary where a person believes that there are reasonable grounds to believe that a councillor or council employee is either engaging in improper conduct or taking detrimental action, that person may report that conduct (termed “Public Interest Disclosure”) and in doing so can be assured of confidentiality and protection from any detrimental action or reprisal as a result of making the protected disclosure.

The person making the complaint is to be referred to as the complainant.

What is the purpose of the act?

The main purposes of the Act are to:

• encourage and facilitate disclosures of improper conduct or detrimental action by public officers and public bodies
• protect persons making those disclosures
• provide for confidentiality for the content of the disclosures and the identity of the complainant and
• provide for the matters disclosed to be properly investigated and dealt with.

What is improper or corrupt conduct?

For Council to consider allegations, there must be reasonable evidentiary grounds for the belief that improper or corrupt conduct has occurred in an official capacity, which involves substantial:

• mismanagement of public resources or
• risk to public health or safety or the environment or
• corruption

Who can complain?

Any person who has reasonable grounds for believing that improper or corrupt conduct has occurred.

Disclosures can be in writing or made orally and may be made direct to one of the contacts listed in this brochure.

The complainant may provide information anonymously or can elect to advise the IBAC directly or if it concerns a Councillor the IBAC or the Ombudsman directly.

What will it cost?

There is no cost involved in making a disclosure.

What is council procedure?

The Council will:

• promptly provide an acknowledgement of the public interest disclosure
• make any initial enquires deemed necessary, and
• make a determination whether the complaint is covered by the provisions of the Public Interest Disclosures Act 2012.

If the information is determined to be a public interest disclosure or if the Complainant requests protection or the Public Interest Disclosures Coordinator considers they should have protection the Complainant is entitled to the protection provided by the Act.

The matter will be referred to the IBAC for consideration of the evidence and will confirm whether the allegation represents a public interest disclosure.

The IBAC will also determine who will undertake the investigation of the allegation(s) made. If the information is determined not to be a public interest disclosure the Complainant will be advised

Disclosure in relation to a Councillor

The only method of making a disclosure in relation to a Councillor is to the Ombudsman or IBAC.

Is there protection for whistleblowers?

• Complainants will receive protection if the Public Interest Disclosures Co-ordinator determines that your complaint falls within the definition of a public interest disclosure.
• If your complaint does not fall within the definition of public interest disclosure but you have requested protection.
• If the Public Interest Disclosures Co-ordinator considers your complaint warrants protection.

Is there protection from reprisal?

A person must not take detrimental action against a person in reprisal for making a public interest disclosure. Penalties may apply.

Is it an offence to make a false disclosure?

Yes - a person must not knowingly provide false information under the Act.

Penalties including imprisonment may be applied for making a false disclosure.

Who to contact

If your complaint relates to the CEO or a Councillor please contact

Independent Broad-based Anti-corruption Commission (IBAC)
GPO Box 24234
Melbourne VIC 3000

Phone: 1300 735 135

Alternative contact person:

The Ombudsman Victoria
Level 1, North Tower, 459 Collins Street
Melbourne VIC 3001

Phone: 1800 806 314