The Public Interest Disclosures Act 2002 (Tas) protects people who make a disclosure about serious improper conduct in the Tasmanian public sector.
This is called making a disclosure under the Act. Making a disclosure about improper conduct is also called whistleblowing.
The purpose of the Act is to encourage people to report wrongdoing so it can be investigated. This will ensure the wrongdoing is dealt with and steps are taken so it does not happen again.
Who can blow the whistle?
Public officers
Someone who works for a Tasmanian public body such as state-owned corporations like TasWater or state government departments.
Contractors, employees of contractors and sub-contractors
Someone who is paid for providing goods and services to Tasmanian public bodies like local councils or state government departments.
Members of the public
Members of the public can make disclosures if it is in the public interest. The Ombudsman or the Integrity Commission makes this assessment.
A disclosure can be made anonymously if you prefer.
What can you blow the whistle about?
You can make a disclosure (blow the whistle) if you see a public body or a Tasmanian public officer doing something seriously wrong.
The Act calls this ‘improper conduct’ which covers a number of different things including:
- illegal activity
- corrupt conduct
- endangering public health, safety or the environment
- misusing or wasting government funds
- maladministration
- breaches of professional codes of conduct.
What if something happens to you after blowing the whistle?
The Act makes it illegal for you to be targeted because you blew the whistle. This is called ‘detrimental action’.
You can make a disclosure about detrimental action, for example, if you are sacked, disciplined or harassed for blowing the whistle.
How do you blow the whistle about improper conduct?
You need to make sure your disclosure is to the right person or body.
If your disclosure is about another public officer, you can report it to the head of your workplace, such as the general manager at a council or the Secretary in a department. Or you can contact the Ombudsman or the Integrity Commission.
To decide who is the best person to make the disclosure to, your workplace’s public interest disclosure procedures can give you some guidance. These are usually on your organisation’s website. You can also talk to your organisation’s public interest disclosure officer.
If your disclosure is about the public body you work for or about another public body, the disclosure should be made to the Ombudsman or the Integrity Commission.
Contractors can only blow the whistle about a public body (not about an individual officer), so they will always need to contact the Ombudsman or the Integrity Commission.
There are specific rules about who to report to for certain positions, like Councillors and members of parliament. You can contact the Ombudsman if you have any questions.
What happens after you have blown the whistle?
The public body or the Ombudsman need to make an assessment about whether your disclosure is protected and if it is a public interest disclosure. If a public body decides it is not a public interest disclosure, it has to refer its decision to the Ombudsman for review. If it is a public interest disclosure it generally has to be investigated.
If the investigation finds that the improper conduct occurred, the public body:
- must take all reasonable steps to prevent the conduct from continuing or occurring in the future
- may take action to remedy any harm or loss arising from the conduct.
The Ombudsman and the person who made the disclosure must be told the results of the investigation. If it is found that the improper conduct occurred, they must be told what action has been taken.