Public Interest Disclosure
What is a Public Interest Disclosure?
A public interest disclosure (PID) is a protected complaint about serious wrongdoing in the public sector which is recognised by the Public Interest Disclosure Act 2010 (PID Act). The term ‘whistleblowing’ is often used.
For an allegation to be considered a PID it must meet the following criteria:
- be an ‘appropriate disclosure’ -
- based on an honest and reasonable belief; or
- objective evidence showing the wrongdoing
- of public interest information about a type of serious wrongdoing or danger covered by the PID Act
- made to a proper authority
- a person or entity with the power and responsibility to deal with the wrongdoing.
Why make a Public Interest Disclosure?
When wrongdoing goes unreported it can:
- have harmful impacts on the quality and delivery of public services
- negatively impact public sector employees
- reduce trust in government services
- cost public entities and taxpayers time and money.
The PID Act encourages the disclosure of information about suspected wrongdoing in the public sector so public entities can:
- better identify wrongdoing
- properly evaluate and investigated suspected wrongdoing
- take early action to fix problems
- implement systems to reduce the risk of wrongdoing
- ensure those making PIDs are supported.
An effective system for dealing with PIDs helps to safeguard the integrity of Queensland’s public sector.
What is an appropriate disclosure?
An appropriate disclosure is where:
- the discloser has an honest and reasonable belief that the information provided tends to show the conduct or danger; or
- the information tends to show the conduct or danger regardless of the discloser’s belief.
To be an appropriate disclosure, it must be more than a mere suspicion, generalised criticism or bald allegations and include sufficient information, such as:
- What happened?
- Where did the events take place?
- When (time and date) did the events take place? Providing a timeline for multiple events and detail of any relevant connections.
- Who was involved?
- Why you believe there is wrongdoing - what laws/ policies/ procedures haven’t been followed?
- Were there any witnesses? If so, what are their details?
- Any knowledge or reference to supporting information or documents that help understand or support the disclosure.
- Any action that has been taken to resolve the disclosure.
Note - The discloser is not required to undertake any investigative action before making a disclosure and does not need to provide any evidence.
A discloser with a genuine and reasonable belief will continue to be protected under the PID Act, even where the wrongdoing is not substantiated. This allows for genuine misinterpretations of information to fall within the scope of the PID Act.
What can a PID be about?
Under sections 12 and 13 of the PID Act, only some kinds of information are 'public interest disclosures'.
For a disclosure to be a PID, it must fit into a type of information recognised by the PID Act. If it doesn’t, it may be dealt with by the entity’s complaints handling process.
PIDs by anyone
Any person, including a public sector officer, can make a public interest disclosure about a:
- substantial and specific danger to the health or safety of a person with a disability
- substantial and specific danger to the environment caused by an offence or breach of environmental laws listed in Schedule 2 of the PID Act
- reprisal where someone attempts to cause harm or damage because they believe a PID has been made or is about to be made.
PIDs by public officers
In addition to the types of PIDs listed above, a public sector officer can also make a PID about:
- corrupt conduct
- maladministration
- a substantial misuse of public resources
- a substantial and specific danger to public health or safety
- a substantial and specific danger to the environment.
Who is a proper authority?
Diamantina Shire Council would be authorised to receive a PID where:
- The disclosure is about the conduct of Council or it's employees
- Council is responsible for investigating particular issues (e.g. the Crime and Corruption Commission is a proper authority for disclosures about corrupt conduct).
PID Policy and Procedure
Diamantina Shire Council has adopted a Public Interest Disclosure Policy(PDF, 230KB) and approved a Public Interest Disclosure Procedure(PDF, 266KB) to ensure the appropriate handling of PIDs
How do I make a PID?
A discloser can make a PID in any way, including anonymously, either verbally or in writing.
- To make your PID in writing, address your PID to the PID Coordinator and clearly mark the sealed envelope as Public Interest Disclosure - Private and Confidential
- You can also phone Council on 07 4746 1600 and ask for the Governance Manager, who is Councils PID Coordinator
- The PID Coordinator will assess your disclosure, and if it does not fit the criteria of a PID, it will be dealt with under Council's Complaints Management Process
Disclosures to other agencies
Alternatively, you can make your disclosure to the Queensland Ombudsman.
Queensland Ombudsman
Level 18, 53 Albert Street, Brisbane
GPO Box 3314, Brisbane QLD 4001
Email: pidadmin@ombudsman.qld.gov.au
Telephone: 07 3005 7000
Free call: 1800 068 908 (toll-free outside Brisbane)
Contact information and online options: http://www.ombudsman.qld.gov.au/about-us/contact-us
Crime and Corruption Commission
General Enquiries:
By email: mailbox@ccc.qld.gov.au
By mail: GPO Box 3123, Brisbane QLD 4001
In person: Level 2, North Tower Green Square, 515 St Pauls Terrace, Fortitude Valley
By phone: 07 3360 6060
Toll Free: 1800 061 611 (in Queensland, outside Brisbane)
Website: Privacy, anonymity and whistleblowing | CCC - Crime and Corruption Commission Queensland
Confidentiality
Strict confidentiality requirements apply to PIDs. Confidential PID information can be recorded or disclosed:
- To administer the PID Act or to discharge a function under another Act (for example, to investigate something disclosed by a public interest disclosure)
- For a proceeding in a court tribunal
- With the consent of the person, the information relates to (or if the consent of the person cannot be reasonably obtained if the information is unlikely to harm the interests of the person) or
- If it is essential under the principles of natural justice and reprisal is unlikely.
What are my responsibilities as a discloser?
When making a PID, you have a responsibility to:
- Provide honest and accurate information - deliberately providing false or misleading information is an offence
- Provide all information currently in your possession - you must not seek to investigate the matter yourself
- Make the disclosure to someone you reasonably believe is the proper authority to receive the disclosure
Protection
Those who make a PID will be afforded reasonable protection from reprisals.
- When a disclosure is made, the Council will assess the risk of reprisal and offer the discloser appropriate support. If the discloser has been involved in the wrongdoing they may be subject to criminal proceedings and disciplinary action.
- No protection is afforded to those who make disclosures to the media or via means not stated in the Act.
Where do I get more information?