5.1 How you'll be protected
If your disclosure is assessed as a public interest disclosure you are protected from reprisals for making a public interest disclosure.
This includes:
- protection from being fired, disciplined, or bullied
- requesting a transfer to avoid reprisals, where possible.
You are also protected from:
- civil or criminal liability or defamation action in making the public interest disclosure
- committing an offence for breaching confidentiality obligations in making the public interest disclosure
You will not be protected:
- if you knowingly provide false or misleading information
- against legitimate management action that’s not in response to your public interest disclosure.
Anyone else that has or intends to cooperate with an investigation of the disclosure is also protected from reprisal.
Please note: You remain liable for any personal conduct you disclose.
5.2 About confidentiality
The content of your public interest disclosure and information that may identify you must stay confidential.
Unless you made the disclosure, you can’t reveal:
- content of, or information about, the public interest disclosure
- information that might reveal the identity of the person who made the public interest disclosure--this means that if you made the disclosure you do not have to keep your identity a secret if you don’t want to.
5.3 Sometimes things cannot stay confidential
These times include:
- if the PID Act allows disclosure
- if a person or body discloses the information in the course of doing their job if it relates to the disclosure (e.g. investigating the disclosure)
- if IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee decides your public interest disclosure isn’t a public interest complaint
- if information is passed by an investigating entity to Victoria Police because it’s relevant to a criminal conduct investigation
- if it's disclosed for a proceeding for an offence or a disciplinary process under a relevant Act
- if the discloser needs:
- legal advice or representation
- interpretive services
- advice from a parent or guardian (if they’re under 18 years)
- independent advice because they’re illiterate or have mental/physical impairments.
- in relation to a restorative engagement process in relation to an allegation of sex discrimination or sexual harassment (if the person has provided written content)
- by a lawyer who received the information in the course of providing legal advice if they have a legal duty of disclosure or obligation
- to help the discloser seek advice or support from a registered health practitioner, trade union or employee assistance program
if there is a service that the Public Interest Disclosure Regulations 2019 says can receive the information
if it’s disclosed to WorkCover for a workers compensation claim
if it’s disclosed as part of a Fair Work Commission application
the content of the public interest disclosure (or information about it) is disclosed with the approval of the investigating entity and after it’s become a public interest complaint
the content of the public interest disclosure (or information about it) is disclosed during lawful action (including a disciplinary process) relating to conduct the subject of the public interest disclosure
the discloser gives prior written consent to disclose information likely to identify them.
Unless an exception applies, the protections will always apply--there is no expiry date.
Confidentiality requirements and exceptions are found in Part 7 of the PID Act.
5.4 Offences under the PID Act that protect people, keep the public interest disclosure confidential and stop false disclosures
These offences include:
Reprisals
A person can’t take or threaten reprisal against any person when:
someone has made or intends to make a public interest disclosure
they think a person has or intends to make a public interest disclosure
someone has cooperated or that person thinks they intend to cooperate with a public interest disclosure investigation.
The criminal penalty for any of the above is 240 penalty units or 2 years’ jail, or both.
In addition, a person who is the victim of detrimental action can bring civil action against the offender to pay appropriate compensation for injury, loss or damage.
5.5 Unless you have a lawful reason, it’s a crime to reveal the content of a public interest disclosure or who made it (unless you are the discloser), or to make a false disclosure
The criminal penalty is:
- 120 penalty units or 12 months’ jail or both (per person)
- 600 penalty units (per body corporate).
The criminal penalty for making a false disclosure or giving false information relating to a public interest disclosure is:
- 120 penalty units
- 12 months’ jail
- or both.
The criminal penalty for falsely claiming a matter is the subject of a public interest disclosure or public interest complaint is:
- 120 penalty units
- 12 months’ jail
- or both.
Updated