Public Interest Disclosure
How to make a public interest disclosure.
The Public Interest Disclosure Act 2013 (PID Act) promotes the integrity and accountability of the Commonwealth public sector by providing an avenue for public officials to report suspected wrong doing in the Australian public sector and protection to persons who make disclosure under the PID Act.
Who can make a disclosure?
You must be a current or former public official to make a disclosure under the PID Act.
Under the PID Act, 'public official' is a broad term that includes:
- any person employed by the Australian Government;
- individuals employed by Commonwealth companies, statutory authorities, statutory agencies, the Parliamentary service, statutory officeholders and government business enterprises; and
- service provides under contract to the Commonwealth and their staff.
The Commission will only handle Public Interest Disclosures that relate to suspected wrongdoing within the Commission. Disclosures that relate to the conduct of another Commonwealth agency should be referred to those agencies for handling. Advice on making a disclosure can be obtained from the Commonwealth Ombudsman.
What you can report?
You can disclose information that you believe on reasonable grounds tends to show 'disclosable conduct'.
In general, this means conduct by a Commonwealth agency, public official or a contracted Commonwealth service provider (in connection with the Commonwealth contract) that:
- contravenes a law;
- is corrupt;
- perverts the course of justice;
- is maladministration, including conduct that is unjust, oppressive or negligent;
- is an abuse of public trust;
- wastes public funds or property;
- unreasonably endangers health and safety or endangers the environment; or
- could, if proved, give rise to disciplinary action.
Disagreement with Australian Government policy, action or expenditure does not constitute disclosable conduct.
How a disclosure can be made
The Commissioner has appointed authorised officers under the PID Act.
Authorised officers of the Commission can generally only accept disclosures that are:
- made by a public official about disclosable conduct that was engaged in by the Commission or a public official that belonged to the Commission at the time of the alleged conduct; or
- made by a public official that belongs (or last belonged) to the Commission.
Disclosable conduct can be reported to the authorised officers verbally or in writing, or mailed to Defence and Veterans' Service Commission, PO Box 6500, Canberra ACT 2600.
Current or former public officials may also make a disclosure to their supervisor/manager, who must pass it to an authorised officer.
Disclosures can be made anonymously, however:
- we cannot ensure you are protected from reprisal;
- it can make further investigation difficult; and
- it will be impossible to provide you with updates on the progress of the investigation.
Protections offered under the PID Act
When a disclosure has been considered a PID, protections for the discloser contained in the PID Act may apply. These include:
- protection from reprisal action;
- protection from liability and disciplinary action for making the PID; and
- protection from contractual rights and remedies being exercised against the discloser on the basis of the PID.
If the discloser has made a false or misleading disclosure, the protections will not apply.
Information required when making a public interest disclosure
You should provide as much information as possible, including:
- your name and contact details (you can remain anonymous);
- the nature of the wrongdoing;
- who committed the wrongdoing;
- when and where the wrongdoing occurred;
- relevant background information and events;
- if anything has been done in response to the wrongdoing or if it has been reported to anyone else;
- contact details for anyone else who witnessed or is aware of the wrongdoing;
- whether you believe the information is a public interest disclosure under the PID Act, however it does not need to be described this way for it to be treated as a public interest disclosure; and
- if you are concerned about possible reprisal as a result of making a disclosure.
More information about PID
For more information, you can consult the Commonwealth Ombudsman website or read the DVSC Public Interest Disclosure Procedures.