6.1 The steps
- We acknowledge receipt of your disclosure.
- We work out if we’re the right body to receive it. If not, we’ll tell you who is. If it’s appropriate, we’ll treat your disclosure as a misdirected disclosure and tell IBAC or the Integrity and Oversight Committee about it. We will do this within 28 days.
- If it’s about IBAC, an IBAC officer, a Public Interest Monitor, then we’ll need to decide whether it’s a public interest complaint. We will investigate public interest complaints unless there is a reason not to under the Integrity Oversight Victoria Act 2011 (IOV Act). If it is not a public interest complaint, we will handle it as a complaint under the IOV Act.
We will always try to keep you informed in writing how your disclosure will be handled.
6.2 What public interest disclosures we can receive
We can receive public interest disclosures about:
- IBAC or an IBAC officer
- a Public Interest Monitor
- a Victorian Ombudsman officer
- a Victorian Auditor General’s Office officer
- the Chief Examiner or an Examiner appointed under Section 21 of the Major Crime (Investigative Powers) Act 2004
- a Judicial Commission of Victoria officer (other than a judicial member of the Board of the Judicial Commission of Victoria)
- the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer
- a council or a member of Council staff
- any other Victorian public officer or Victorian public body, unless required to be made to another entity under Section 14 or Section 17 of the PID Act.
6.3 Public interest disclosures we can't receive
We can’t receive public interest disclosures about:
- ourselves or any of our officers
- a court
- an investigating panel or a member of it
- a Victorian public officer or body required to be made to another entity under Section 14 or Section 17 of the PID Act.
If we can’t accept your public interest disclosure, we’ll tell who can and how to do it. But this might not be possible if you choose to be anonymous and do not use our online public interest disclosure form to make your disclosure.
6.4 How do we deal with misdirected disclosures?
If you send your disclosure to us by mistake, honestly believing that it was the right place, we may need to tell IBAC. If your disclosure is about us or one of our officers, we’ll forward it to the Integrity and Oversight Committee of Parliament.
6.5 When do we have to investigate a public interest disclosure?
In most circumstances, we are required to investigate any public interest disclosure we classify as a public interest complaint if it’s about:
- IBAC
- IBAC officers
- a Public Interest Monitor.
We are also required to investigate any public interest complaint that IBAC refers to us.
However, we may refuse to investigate any public interest complaint if we consider:
- the subject matter is trivial
- the public interest complaint is frivolous or vexatious or lacks substance or credibility
- the public interest complaint was not made genuinely or was made for a mischievous purpose
- the public interest complaint does not amount to improper conduct or detrimental action
- the investigation would prejudice a criminal matter--provided we take reasonable steps to ensure that the investigation does not prejudice a criminal matter (or civil matter), we can proceed.
We may also refuse to investigate if the disclosure was made more than 12 months after the discloser knew about it and they cannot give a good reason for the delay.
Under Section 31 of the PID Act, we can only classify a disclosure as a public interest complaint if:
- it shows or tends to show improper conduct, or detrimental action for making a public interest disclosure or
- the person making it reasonably believes it does.
To test whether a person ‘reasonably believes’ the information they are disclosing requires consideration of:
- whether the discloser has a personal belief in what they are disclosing
- whether the discloser has this belief because of specific circumstances that they have explained
- whether those circumstances would lead a reasonable person to reach the same belief.
6.6 When does a 'disclosure' become a 'complaint'?
A disclosure becomes a complaint if we:
- determine it not to be a public interest complaint
- are not required to tell IBAC about a disclosure about another entity
- get written confirmation from the discloser within 28 days of receiving the information that it isn’t a public interest disclosure.
We can also choose to investigate a complaint if the issue is part of our role under the Integrity Oversight Victoria Act 2011.
Please note: The discloser’s identity can be revealed once the disclosure becomes a complaint.
6.7 When do we have to tell IBAC about a public interest disclosure?
We have to inform IBAC about a public interest disclosure:
- if we think it shows or tends to show improper conduct, or detrimental action for making a PID or
- if we think the person making it reasonably believes it does.
In telling IBAC, we may share any disclosed information including the discloser’s name and contacts.
We won’t notify public interest disclosures about IBAC, IBAC officers or a Public Interest Monitor because we’re required to determine if they’re public interest complaints and if they are, and unless one of reasons above applies--investigate the public interest complaint.
6.8 What happens once we tell IBAC about a public interest disclosure?
If IBAC believes that a public interest disclosure shows or tends to show improper conduct or detrimental action related to a public interest disclosure, or that the discloser reasonably believes it does, then it will classify it as a public interest complaint. During its assessment, IBAC can contact us or the discloser for more information.
If IBAC decides it’s a public interest complaint, it will write to the discloser about its plans which can include:
- starting an investigation
- asking another entity to do so
- taking no further action.
If IBAC decides it’s not a public interest complaint, it will tell the discloser and give them reasons. At that point their identity will no longer be required to be kept confidential.
If the public interest disclosure is made anonymously, IBAC does not need to write to the discloser.
IBAC can also treat the public interest disclosure as a complaint under the IBAC Act if the discloser agrees that’s acceptable.
6.9 How we will communicate with you
We’ll write to you:
- confirming we received your disclosure
- advising whether we need to tell IBAC
- advising whether your disclosure is a public interest complaint, and if so, whether we will investigate, unless telling you may lead to an adverse outcome such as:
- prejudicing an investigation
- risking a person’s safety
- unreasonably damaging someone’s reputation.
- if we choose not to investigate, we will give you the reasons why
- if we decide to investigate we will tell you and this has to be kept secret, unless there is a reason that allows disclosure under the IOV Act, for example, to seek support from a registered health practitioner, like a doctor, or make a complaint to the Integrity and Oversight Committee. A full list of reasons will be set out in the letter. This is important, as disclosing information may be an offence.
- if your disclosure is not a public interest complaint, whether we will handle your disclosure as a complaint under the IOV Act, or the name of another entity for you to make a complaint to if we think they could deal with it.
After a public interest complaint investigation, we will tell the you (if you are the discloser) the outcome, which includes actions, or recommendations for further action. We won’t tell you if it could lead to adverse outcomes referred to above.
If we do provide information about the outcome it is an offence to disclose this information unless you have a reason that is allowed under the IOV Act, such as seeking support from a registered health practitioner or making a complaint to the Integrity and Oversight Committee.
6.10 How we maintain confidentiality
- We’ll make sure all electronic and paper records about the disclosures are securely stored.
- We’ll strictly follow the law in receiving, assessing, notifying and investigating your disclosure.
- We maintain regular officer training on keeping disclosures confidential.
- We provide advice to stakeholders on confidentiality under the PID Act.
- Our officers are under strict confidentiality obligations.
Please note: Freedom of information laws do not apply to public interest disclosures or any information that could identify who made it.
6.11 Sometimes we have to take urgent action
If required, we can:
- go to the Victoria Police if a disclosure covers serious criminal conduct or an immediate threat to someone’s health, safety or property
- respond at any time to stop reported wrongdoings by our officers.
6.12 Your human rights
The Charter of Human Rights and Responsibilities Act 2006 guides how we receive, handle, notify and investigate public interest disclosures.
6.13 What we can tell a minister or the Premier
Unless it would lead to an adverse outcome listed in the IOV Act, we can provide information about an investigation to either the minister responsible for the person or body under investigation or to the Premier about:
- an investigation starting
- the conduct of an investigation or
- the results (whether made publicly or privately) of an investigation.
In relation to the Parliamentary Workplace Standards and Integrity Commission, we may provide our findings to the Governor in Council or the minister responsible for the Parliamentary Workplace Standards and Integrity Commission if we consider that the findings are relevant to whether the PWSIC Commissioner should be suspended or removed from office.
Updated