Public Interest Disclosures Act 2002
Objects of the Act
The main objective of the Public Interest Disclosures Act 2002 (the Act) is to encourage and facilitate the making of disclosures of improper conduct (or detrimental action) by public officers and public bodies. The Act provides protection from reprisals to persons who make disclosures in accordance with the Act, and establishes a system for the matters disclosed to be properly investigated and for rectifying action to be taken.
The role of the Ombudsman
Guidelines
Making a disclosure
The role of the Ombudsman
The Ombudsman has a central role in handling disclosures of improper conduct made under the Act. The role of the Ombudsman involves:
- preparing and publishing guidelines to assist public bodies in interpreting and complying with the Act
- reviewing written procedures established by public bodies and making recommendations in relation to those procedures
- determining whether a disclosure received by the Ombudsman warrants investigation
- investigating disclosures
- monitoring investigations initiated by public bodies or referred to public bodies
- monitoring the action taken by public bodies where the findings of an investigation reveal that improper conduct has occurred
Guidelines
Some of the publications listed here are available in PDF format only. You will need a copy of Acrobat Reader to open these files. Free copies of Acrobat are available on the web - see Download Acrobat Reader.
Ombudsman guidelines (PDF format)
Agency model procedures (Word format)
Agency assessment & investigation forms (Word format)
Agency Annexure B (Word format)
Lodgement form (Word format)
Making a disclosure
A public officer or a contractor who believes on reasonable grounds that another public officer or a public body is involved in improper conduct, may make a disclosure under the Act.
Who is a public officer?
The Act applies to members, officers or employees of a public body, members of Parliament, councillors and council employees and statutory office holders.
What is a public body?
The definition covers all public authorities such as State Service agencies, councils, Government Business Enterprises, State Owned Companies, Statutory bodies and bodies whose members are appointed by the Governor or a Minister.
Who can make a disclosure?
A public officer or a contractor (or former contractor) to a public body may make a disclosure about improper conduct by a public officer or public body.
To whom is a disclosure made?
In most cases a disclosure may be made to the Ombudsman or the public body. Contact the Ombudsman for more information on how to make a disclosure.
How is a disclosure made?
A disclosure may be made in person, by telephone or in writing.
There is limited retrospective application – i.e. a disclosure may be made about conduct that occurred, after 1 January 2001.
What is 'improper conduct'?
It is defined to mean corrupt conduct, substantial mismanagement of public resources or conduct involving a substantial risk to public health or safety or the environment.
It applies to serious conduct that would, if proved, amount to a criminal offence or reasonable grounds for dismissal.