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Overview
A Public Interest Disclosure (PID) is a disclosure of information by a person about matters that are so serious that they sit outside the normal complaint or feedback system. This is a process within government that deals with disclosable conduct. It covers an action, policy, practice or procedure of a public sector entity, or public official for a public sector entity, that:
- is maladministration, or
- results in a substantial and specific danger to the health or safety of the public, or the environment.
A PID might relate to events that are happening now, in the past, or that may happen in the future. Some examples of what can be considered disclosable conduct can be found in the guidelines issued by the ACT Integrity Commission.
When does a matter become a PID?
A PID may arise when someone reports substantial wrongdoing in the ACT Public Sector. It can relate to events which are happening now, in the past, or that may happen in the future. The matter may be about the actions of:
- public sector staff and employees
- contractor, sub-contractors and volunteers
- ACT Legislative Assembly, including Members of the Legislative Assembly
- not-for-profit or other non-governmental organisations providing a public service under a contract with an ACT Public Sector entity.
Disclosable conduct includes activity by an individual or an ACT Public Sector entity that:
- is conduct of a person that could, if proved:
- be a criminal offence
- are grounds for termination of employment, ending an appointment or terminating the person’s contract for services.
- is an action of a public sector entity or public official that:
- through maladministration adversely affects a person’s interest in a substantial and specific way
- leads to a substantial misuse of public funds
- leads to a substantial and specific danger to public health or safety
- leads to a substantial and specific danger to the environment.
Disclose a matter
Any person with information that indicates substantial mismanagement or misuse of public resources can make a PID. This includes members of the public, contractors who work with ACTPS entities and ACTPS employees.
A person may make a PID even if they are not able to identify a particular person who is responsible for the activity.
The Directorate will also accept anonymous disclosures. However, where an anonymous disclosure is made, the discloser should be aware that it will not be possible to keep them informed about the way the disclosure is handled nor will the ACTPS entity be able to provide them with protection.
A PID can be made by anyone. Individuals can submit an allegation orally or in writing and anonymously if they prefer. A disclosure may be made to:
- a Disclosure Officer (see contact details below); or
- a Minister; or
- if the person is a public official for a public sector entity—
- the person’s manager; or
- for a public sector entity that has a governing board—a member of the board; or
- a public official of the entity who has the function of receiving information of the kind being disclosed or taking action in relation to that kind of information.
Under the PID Act, a person who acts honestly and reasonably in making a PID receives protection from attacks or reprisal that results from the disclosure.
If a person retaliates against the discloser by directly or indirectly punishing them for reporting information; that person will be held accountable for their behaviour.
Under section 40 of the PID Act, the person who has undertaken detrimental action has committed an offence. This person may be disciplined or pursued for damages in court (section 41).
The Public Interest Disclosure Act 2012 specifies certain people that can receive an allegation (report of disclosable conduct). These include those nominated to be a Disclosure Officer.
The nominated Disclosure Officers for the directorate are:
| Name | Contact information |
|---|---|
Gillian Geraghty | Email: gillian.geraghty@act.gov.au |
Hayley Bell (SERBIR) | Email: HayleyC.Bell@act.gov.au |
Faheem Khan (SERBIR) | Email: FaheemK.Khan@act.gov.au |
Izzie Gosling | Email: izzie.gosling@act.gov.au |