Public Interest Disclosures
Legal Services
Public interest disclosure procedures
The
Public Interest Disclosure Act 2013 creates a public interest disclosure scheme that promotes integrity and
accountability in the Australian public sector. It does this by:
encouraging and facilitating the disclosure of information by public officials about suspected wrongdoing
in the public sector
ensuring that public officials who make public interest disclosures are supported and protected from
adverse consequences
ensuring that disclosures by public officials are properly investigated and dealt with.
If you have a question in relation to the
Public Interest Disclosure Act 2013, or would like to make a public interest
disclosure, you can email xxx@xxxx.xxx.xx.
PID resources
APSC procedures for facilitating and dealing with public interest disclosures
Further resources are available under Quick Links at the bottom of this page.
Public interest disclosure procedures
Authorised officer
The Authorised Officer has a range of decision-making, notification and other responsibilities under the PID Act.
Authorised Officers within the Commission are located at the bottom of this page. A reference to an authorised
officer throughout these procedures is also a reference to the Commissioner.
Disclosable conduct
Conduct engaged in by an agency, public official or contracted service provider. Types include illegal conduct,
corruption, maladministration, abuse of public trust, deception relating to scientific research, wastage of public
money, unreasonable danger to health and safety, and danger to the environment. Disclosable conduct also
Public Interest Disclosures
includes conduct that involves abuse of power by a public official or conduct engaged in by a public official that
could, if proved, give reasonable grounds for disciplinary action.
Public official
Includes public servants (ongoing, non-ongoing and casual) and parliamentary service employees, service
providers under a Commonwealth contract, Statutory office holders, staff of Commonwealth companies and
temporary employees engaged through a recruitment agency. A public official also includes any other person
deemed by the authorised officer to be a public official for the purposes of the PID Act.
External disclosure
If an investigation was conducted under internal disclosure procedures and the public official reasonably believes
the investigation or the agency response was inadequate, or the investigation was not completed within the
required time (i.e. 90 days unless an extension is approved by the Ombudsman).
Who can make a public interest disclosure?
The information provided here is only for public officials wishing to make an Internal Public Interest Disclosure.
That is:
the disclosure is about this agency (the APSC)
by a person who is or has been a public official
to their supervisor or manager, or an Authorised Officer (refer below) and
the information tends to show, or the discloser believes on reasonable grounds the information tends to show,
one or more instances of disclosable conduct.
Making a public interest disclosure
An internal disclosure may be made anonymously, verbally and/or in writing and may be made without a clear
intention of making a public interest disclosure.
If a person discloses, or proposes to disclose information to an authorised officer or supervisor and the authorised
officer or supervisor has reasonable grounds to believe that the information could be a disclosure under the PID
Act, the supervisor or authorised officer must:
inform the individual of this belief and explain these procedures in relation to making a disclosure report
advise of any restrictions of disclosure of which the authorised officer is aware
reassure the individual that even if the disclosure is found to be incorrect or is unable to be substantiated
the disclosure is protected under the PID Act (except if the disclosure is intentionally false or misleading)
encourage disclosures to be factual and issues focused and to avoid being emotive about individuals, and
Australian Public Service Commission
2
Public Interest Disclosures
explain the protections available to the individual under the PID Act
If a public official wishes to make a public interest disclosure, we recommend they make this disclosure directly to
an authorised officer.
Where the discloser does not wish the disclosure to be investigated the Commissioner will take this into
consideration at Part 4 of these procedure, however the Commissioner may decide to pursue an investigation
should the matters outlined in the disclosure warrant such action.
In making a disclosure, the discloser should consider providing the following information to assist the authorised
officer and/or principal officer to decide how the disclosure should be handled:
their name and contact details
the nature of the suspected wrongdoing
who they think committed the suspected wrongdoing
when and where the suspected wrongdoing occurred
relevant events surrounding the issue
if they did anything in response to the suspected wrongdoing
whether others know about the suspected wrongdoing and have allowed it to continue
whether they believe their information is a public interest disclosure under the PID Act
if they are concerned about possible reprisal as a result of making a disclosure.
The authorised officer may ask the discloser for any supporting correspondence or other documents, such as file
notes, and the names of any people who witnessed the conduct or who may be able to verify what the discloser is
saying, to assist the authorised officer to determine whether the information would constitute an internal
disclosure under the PID Act.
Allocating a disclosure
A supervisor, who is not an authorised officer, who receives a disclosure must pass it on to an authorised officer
as soon as reasonably practicable. Due to confidentiality requirements under the PID Act, the supervisor should
obtain the individual’s consent before disclosing the discloser's identity to the authorised officer. The public
official should be made aware that even if the public official's identity is not disclosed, it may become apparent
during the PID process. Please remember however that disclosers are protected from reprisal in accordance with
the Act.
On receiving a public interest disclosure, the supervisor and/or authorised officer must conduct a risk assessment
against any potential reprisals that may be taken against the discloser, including any risks to the health and safety
of the discloser and others.
Australian Public Service Commission
3
Public Interest Disclosures
Investigating a disclosure
The Commissioner or delegate must consider a disclosure and decide whether or not an investigation is to occur.
The discloser is to be informed of the investigation decision.
The Commissioner or delegate may decide not to investigate the disclosure (or if the investigation has already
started, investigate further) if:
1. the discloser is not, and has not been, a public official;
2. the information does not, to any extent, concern serious disclosable conduct;
3. the disclosure is frivolous or vexatious;
4. the information is the same, or substantially the same, as information the disclosure of which has been,
or is being, investigated as a disclosure investigation;
5. the information concerns disclosable conduct that is the same, or substantially the same, as disclosable
conduct that is being investigated under:
i.
a law of the Commonwealth other than the PID Act;
ii.
the executive power of the Commonwealth;
and the principal officer is reasonably satisfied that there are no further matters concerning the disclosure that
warrant investigation;
6. the discloser has informed the principal officer of an agency that the discloser does not wish the
investigation of the internal disclosure to be pursued, and the principal officer is reasonably satisfied that
there are no matters concerning the disclosure that warrant investigation; or
7. it is impracticable for the disclosure to be investigated:
i.
because the discloser's name and contact details have not been disclosed;
ii.
because the discloser refuses or fails, or is unable, to give, for the purposes of the investigation,
such information or assistance as the person who is or will be conducting the investigation asks
the discloser to give; or
iii.
because of the age of the information.
At the completion of an investigation the delegate must inform the discloser of the completion of the
investigation and provide a copy of the report, which may exclude any information that is likely to enable the
identification of any person
Allocating process for Authorised Officers
Risk management guidance - refer page 25 of the Ombudsman
Agency Guide to Public Interest Disclosure
Act 2013.
Australian Public Service Commission
4
Public Interest Disclosures
Step 1: Determine whether or not the information is a disclosure in accordance with the
Public Interest Disclosure
Act 2013. To assist with this process, please contact the legal services team- xxxxx@xxxx.xxx.xx.
Step 2: If the report was made by the supervisor of a public official, confirm that the supervisor advised the
individual of the matters set out at clause 2.4 of the APSC PID Procedures. If not, please provide a copy of the
Commonwealth Ombudsman's Information Sheet "The
Public Interest Disclosure Act 2013 - what's it all about?"
(last updated October 2013) and also direct the individual to the matters set out on this intranet page. If the
individual is not an existing APSC employee, this information will need to be made separately either verbally or in
writing.
Step 3: Conduct a risk assessment (or review the risk assessment conducted by the supervisor) of the risk of
reprisal against the individual and any risks to their health and safety in accordance with the
Work Health and
Safety Act 2011.
Step 4: Confirm if the discloser has consented to their name and contact details being released to the
Commissioner and Ombudsman.
Step 5: Within 14 days of receiving a disclosure you must:
Advise the individual the disclosure has not been allocated - use
Form 1
Allocate the disclosure to the principal officer/s (i.e. agency head) of the relevant agency/s and the
Commonwealth Ombudsman - use
Form 2
Forward a copy of this form to xxx@xxxxxxxxx.xxx.xx.
Also advise the individual of the allocation - use
Form 3
Making an investigation decision – Commissioner or delegate
Step 1: Receive a copy of:
the allocation decision;
the disclosure;
the recommendations from the risk assessment (against risk of reprisal and WHS); and
the discloser's contact details (if provided).
Step 2: Take any action (if not already taken) to protect the discloser from risk of reprisal or risks to their health
and safety.
Step 3: Within 14 days of receiving the disclosure, advise the discloser of the Commissioner's powers to decide
whether or not the disclosure should be investigated.
Step 4: Decide whether an investigation is to take place. or be discontinued, having regard to the matters set out
at s. 48 of the PID Act.
Australian Public Service Commission
5
Public Interest Disclosures
Step 5: Advise the discloser (if their contact details are available) and the Commonwealth Ombudsman of the
investigation decision.
Advise the individual and the Commonwealth Ombudsman of the decision not to investigate
Advise the individual and the Commonwealth Ombudsman of the decision to cease an investigation
Advise the individual that an investigation into the disclosure will occur
Authorised Officers
Fiona Nijssen
xxx@xxxx.xxx.xx
James O'Reilly
xxx@xxxx.xxx.xx
Michelle Coffill
xxx@xxxx.xxx.xx
You can also make a public interest disclosure in writing to:
Authorised Officer
Australian Public Service Commission
B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
GPO Box 3176 Canberra ACT 2601
Enquiries in relation to the PID Act and public interest disclosures can also be made to xxx@xxxx.xxx.xx
Quick links
FAQs- Commonwealth Ombudsman
PID Flowchart
Agency Guide to the Public Interest Disclosure Act
Australian Public Service Commission
6
