Public interest disclosure (PID)

The Act deals with disclosures by anyone, but the information must be specific to the following areas:

• Improper conduct.
• An act or omission that constitutes an offence under State law, including corruption.
• Substantial unauthorised or irregular use of, or substantial mismanagement of, public resources.
• Conduct involving a substantial and specific risk of injury to public health, prejudice to public safety or harm to the environment.
• A matter of administration that can be investigated under Section 14 of the Parliamentary Commissioner Act 1971.

Before making a disclosure, it is important that you are aware of the rights and responsibilities imposed on disclosers and others under the Act:

• It is an offence to make a disclosure if you know, or are reckless about, it being false and misleading.
• With some exceptions, the proper authority will investigate your information and you will be expected to cooperate.
• You will have to keep your information confidential – or else you may lose protection and commit an offence under the Act.

Making a disclosure is a serious matter and needs to be fully thought through. You should question:

• Whether you have reasonable grounds to believe the information you are thinking of disclosing is true, or otherwise you believe it to be true.
• If the information is something that you think is important to be disclosed because it is in the public interest.
• If you have sought proper advice. 
• If you fully understand your responsibilities under the Act if you make a disclosure

The proper authority must inform you within three months of what has been done or they intend to do about your disclosure. You are entitled to a report on the outcome and any action taken when the investigation is complete.

As the disclosure is about a public interest matter rather than a specific complaint, the Act requires confidentiality to be maintained on:

• The identity of the person making the disclosure.
• The information disclosed, including the identity of any person named in the disclosure.

There are exceptions to these rules and anyone thinking of making a disclosure should seek advice from the proper authority on these prior to making a disclosure. A person making a disclosure is provided with protection under the Act from:

• Any reprisals.
• Civil and criminal liability in the event of making a disclosure.
• Dismissal or having services dispensed with.
• Breach of confidentiality or secrecy agreements.

A person alleging victimisation as a result of a disclosure can complain to the Equal Opportunity Commission or may be able to take civil action. For further information visit the Equal Opportunity Commission website.