Public interest 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.

For more information on PIDs, see the Independent Broad-based Anti-corruption Commission (IBAC).

Purpose of the Public Interest Disclosures Act

The Public Interest Disclosures Act 2012 (the PID Act) 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.

Who can make a PID

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

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

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

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

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

Contact the Department of Health's PID Coordinators if you are unsure how to proceed.

After you make a disclosure

A Department of Health 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, they will refer the matter to IBAC for assessment.

If the PID Coordinator does not assess your disclosure as a potential PID, they will consider what other action should be taken. This includes whether the matter should be investigated internally.

You will be kept informed during this process.

If the Department of Health refers your disclosure to IBAC, or if you make a disclosure directly to IBAC, IBAC will conduct an assessment and advise you of the outcome.

Protections for disclosers

Once the Department of Health or IBAC has formally assessed a report 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 PID private

It is in your best interests (and in the interests of any future investigation) to keep your disclosure confidential. This will minimise the risk of detrimental action (for example, discrimination or other adverse treatment) and/or any risk of prejudice to the investigation.

You can discuss your PID and related matters with authorised persons in the Department of Health such as the PID Coordinators, or other persons as specified in the PID Act.

PID procedures

The PID procedures are part of the Department of Health's Integrity Framework. They provide specific guidance on the PID process in accordance with the PID Act and IBAC guidance.

More information

You can contact the Department of Health's PID Coordinators or visit IBAC's website for more information on PIDs.