Public interest disclosure

Purpose of the Public Interest Disclosures Act

The Public Interest Disclosures Act 2012 aims to:

encourage and assist people to report improper conduct and detrimental action taken in reprisal for a public interest disclosure
provide certain protections for people who make a disclosure or those who may suffer detrimental action in reprisal for a disclosure
ensure that certain information about a disclosure is kept confidential - the identity of the person making the disclosure and the content of that disclosure.

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.

A disclosure can relate to conduct or action that:

may have already taken place
may be occurring now
may happen in the future.

More information on PIDs is available on the Independent Broad-based Anti-corruption Commission (IBAC) website.

Who can make a public interest disclosure?

Any person or group of persons can make a disclosure. This includes employees of the department, members of public and stakeholders.

Disclosures can be made anonymously. If necessary, you can use or create an email address that will not identify you.

How do I make a disclosure?

Disclosures about the Department of Health or its staff should be made to the Department of Health’s PID Coordinators:

Email - publicinterestdisclosure@health.vic.gov.au
Phone - 1300 024 324
Write to - Public Interest Disclosures Coordinator, Integrity Unit, Department of Health, 50 Lonsdale Street, Melbourne VIC 3000

If you work for the Department of Health, disclosures can 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 can also be made directly to IBAC:

Online - Using IBAC's online complaint form
Email - info@ibac.vic.gov.au
Phone - 1300 735 135
In person at IBAC's offices - Level 1, North Tower, 459 Collins Street, Melbourne VIC 3000

Disclosures about entities other than the Department of Health should be made directly to IBAC. This includes disclosures about health services.

The Department of Health is also able to confidentially refer misdirected disclosures to the most appropriate body for action in accordance with the ‘no wrong door’ provisions in the PID Act.

Please contact the Department’s PID Coordinators if you are unsure how to proceed.

What happens after I make a disclosure to the department?

The PID Coordinator will acknowledge receipt of your disclosure and discuss next steps. They will conduct an assessment to determine if your disclosure meets the threshold for a PID.

If the PID Coordinator determines that your disclosure meets the threshold the department will refer the matter to IBAC for assessment.

If your disclosure is not assessed as a potential PID, the PID Coordinator will consider what other action should be taken, including whether the matter should be investigated internally.

You will be kept informed during this process.

If a disclosure is referred to IBAC, or you make a disclosure directly to IBAC, they will conduct an assessment and advise you of the outcome (link).

What protections do disclosers have?

Once a report has been formally assessed by the department or IBAC as a potential PID, the discloser receives a number of protections. The discloser:

cannot be fired, disciplined or bullied for making a disclosure
is not subject to any civil or criminal liability for making a disclosure
is 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
is not breaching any other obligation (made by oath, rule of law or practice) requiring them to maintain confidentiality or otherwise restrict confidentiality
cannot be held liable for defamation in relation to information included in a public interest disclosure.

In most circumstances, the content of a PID, and the identity of the discloser, must also be kept confidential.

Keeping your public interest disclosure private

It is in your best interests (and in the interests of any future investigation that may occur) to keep your disclosure confidential to minimise your risk of detrimental action (for example, discrimination or other adverse treatment) and/or the risk of prejudice to the investigation. Only discuss it and related matters with authorised persons in the department such as the PID Coordinators.