- Date:
- 29 July 2022
1. Introduction
1.1 Purpose
A public interest disclosure is when you report corruption or other misconduct by public bodies and officers in the Victorian public sector.
It’s colloquially known as ‘blowing the whistle’.
Public interest disclosures play an important role in stopping corruption and other kinds of misconduct.
In reading these guidelines you’ll learn:
- how to make a public interest disclosure to Integrity Oversight Victoria
- how we’ll handle it
- when we have to pass it on to the Independent Broad-based Anti-corruption Commission (IBAC)
- how to make a public interest disclosure about Integrity Oversight Victoria or our officers (to the Integrity and Oversight Committee of Parliament or a Presiding Officer)
- the protections available to those who make a public interest disclosure.
1.2 Our commitment
Under the Public Interest Disclosures Act 2012 (PID Act), we will:
- take all appropriate steps to help you make a public interest disclosure
- handle the public interest disclosure
- deal with notifications and investigations
- make sure you know your rights.
Disclaimer
These guidelines:
- follow the Public Interest Disclosures Act 2012 (PID Act)
- should be read in conjunction with IBAC’s Guidelines for handling public interest disclosures (January 2020)
- don't constitute legal advice.
We recommend that you get your own advice on how the PID Act will apply to your circumstances.
2. How the public interest disclosure scheme works
2.1 About the scheme
The Public Interest Disclosure (PID) scheme is the Victorian public sector’s ‘whistleblowing-system’ for corruption and misconduct. It operates under the PID Act and helps maintain integrity within the Victorian Public Sector.
Every public sector body has personnel and procedures to help people make public interest disclosures. The PID scheme outlines the process for:
- assessing public interest disclosures
- investigating public interest disclosures
- protections available for people who make a public interest disclosure, including from reprisals.
Independent Broad-based Anti-corruption Commission’s role
IBAC uncovers, investigates, and stops corrupt behaviour and illegal conduct across the Victorian public sector. It is aware of most of the public interest disclosures that are made.
Most other organisations must by law forward public interest disclosures they get to IBAC.
2.2 About the Public Interest Disclosures Act
The PID Act provides the legal framework for making a public interest disclosure. More broadly it:
- encourages and helps people to report wrong doing or plans to affect the honest or effective performance of a Victorian public body or officer
- protects people who make a public interest disclosure or who may suffer reprisals for submitting one
- ensures public interest disclosures are properly assessed and investigated if needed
- provides for your public interest disclosure and identity to stay confidential.
2.3 What’s Integrity Oversight Victoria's role in the PID scheme?
We receive and investigate public interest disclosures about:
- IBAC
- IBAC officers
- Public Interest Monitors.
We receive public interest disclosures about all other entities that are not compelled by the PID Act to be reported to another entity and if it’s appropriate we’ll forward them to IBAC for assessment.
We oversee IBAC’s performance and functions under the PID Act.
We review the PID Act procedures of:
- IBAC
- Victorian Ombudsman
- Judicial Commission of Victoria.
3. All you need to know about a public interest disclosure
3.1 What is a public interest disclosure?
A public interest disclosure is a report, complaint or allegation, about:
- improper conduct by a public body or officer or a person
- detrimental action (reprisal) that’s happened, happening now or is planned against an individual by a public body or officer or a person because they’re directly or indirectly involved with a public interest disclosure.
Your report, complaint or allegation must contain new information, which is not publicly known, or information you reasonably believe is new information.
3.2 What is ‘improper conduct’?
‘Improper conduct’ is:
- corrupt conduct
work-related conduct by a public body or officer that is:
- a criminal offence
- serious professional misconduct
- dishonest performance of a public function
- an intentional or reckless breach of public trust or misuse of information or material acquired while conducting the functions of a public body or officer
- a substantial:
- mismanagement of public resources
- risk to people’s health or safety
- environmental risk.
- any person’s actions that:
- impact the honest performance of a function of a public body or officer; or
- are intended to impact the effective performance of functions or exercise of a powers by a public body or officer that results in someone, or an associate (someone connected to the person) obtaining under any Act or subordinate instrument:
- a licence, permit, approval, authority or other entitlement
- an appointment to a statutory office or board of any public body
- a financial benefit, or real or personal property
- any other direct or indirect monetary or proprietary gain that the person or associate would not have otherwise obtained.
- a conspiracy or attempt to engage in improper conduct as set out above.
NB: Trivial conduct is not improper conduct
3.3 What is ‘detrimental action’?
‘Detrimental action’ includes:
- acts that cause injury, loss or damage
- intimidation or harassment
- discrimination, disadvantage or adverse treatment in relation to someone’s job, career, profession, trade or business, including taking disciplinary action.
Threats of ‘detrimental action’ or encouraging or allowing someone else to make such threats, are also detrimental action.
But the detrimental action must be:
- by a public body or officer; and
- in reprisal for the public interest disclosure.
Detrimental action is in reprisal for a public interest disclosure if it is taken or threatened because, or in the belief that, the other person, or anyone else had or intended to either:
- make the public interest disclosure; or
- cooperate with an investigation of the public interest disclosure.
However, it is not detrimental action if at any time the discloser provided information about the public interest disclosure that they knew to be false or misleading.
Please note
Action by management against a person who has made a public interest disclosure is not considered reprisal unless the management action was taken because the public interest disclosure was made.
3.4 Who you can make a public interest disclosure about
You can make a public interest disclosure about ‘public bodies’, including:
- public sector bodies
- incorporated or unincorporated bodies established under an Act for a public purpose, including universities
- the Electoral Boundaries Commission
- councils established under the Local Government Act 2020
- a body performing a public function for Victoria or a public body or officer
- any other body or entity that is listed as a public body in the regulations.
Please note
You cannot make a disclosure about:
- a court
- an investigating panel or its members appointed by the Judicial Commission.
You can make a public interest disclosure even if you can't identify the person or organisation it's about.
See Section 6 of the PID Act for more information or visit vpsc.vic.gov.au.
‘Public officers’, including:
- public servants including Integrity Oversight Victoria and Independent Broad-based Anti-corruption Commission (IBAC) officers
- local government councillors and council employees
- university employees and teachers
- Victoria Police
- members of Parliament, including Ministers
- ministerial officers, parliamentary advisers and officers, electorate officers
- judicial officers, including coroners, members of the Victorian Civil and Administrative Tribunal, associate judges, judicial registrars
- judicial employees
- statutory office holders, including the Auditor-General and the Victorian Ombudsman, and the Director of Public Prosecutions
- the Governor, Lieutenant-Governor or Administrator of the State
- a person that is performing a public function on behalf of Victoria or a public officer or body
- a person who holds or a person who is part of a group of persons who hold, an office that the legislation says is a public office
- a person who does work for (including acting on behalf of someone else) a public body or a public officer.
‘The conduct of anyone’ that:
- negatively affects the honest performance of a public body or officer carrying out their functions or
- intends to negatively affect the effective performance of a public body or officer and results in an outcome where the person or their associate/s have wrongly benefited.
Please note
You cannot make a disclosure about:
- a court
- an investigating panel or its members appointed by the Judicial Commissioner.
You can make a public interest disclosure even if you can't identify the person or organisation it's about.
See Section 6 of the PID Act for more information or visit vpsc.vic.gov.au.
3.5 How to opt out of making a public interest disclosure
- State in writing that the information you've provided isn’t a public interest disclosure.
- Give that written statement to the entity you are disclosing to no later than 28 days after submitting your public interest disclosure.
See Section 19 of the PID Act for more detail.
4. How to make a public interest disclosure
4.1 Who can accept your public interest disclosure?
You can make your disclosure to IBAC unless it’s about:
- IBAC or an IBAC officer
- Integrity Oversight Victoria or one of our officers
- a Public Interest Monitor.
A public service body can accept public interest disclosures by its members, officers or employees, except public interest disclosures about members of Parliament.
Only Integrity Oversight Victoria can receive public interest disclosures about:
- IBAC or IBAC officers
- a Public Interest Monitor.
Any disclosure relating to Integrity Oversight Victoria must go to the Integrity and Oversight Committee of Parliament or to a Presiding Officer.
Public interest disclosures about members of the Legislative Assembly are made to the Speaker of the Legislative Assembly, the Parliamentary Workplace Standards and Integrity Commission or IBAC and public interest disclosures about members of the Legislative Council are made to the President of the Legislative Council, Parliamentary Workplace Standards and Integrity Commission or IBAC.
Table A outlines who you can take your public interest disclosure to.
Table B outlines which organisations and officers take public interest disclosures.
If the subject of your disclosure is in Table A, then take it to:
- IBAC
- Victorian Ombudsman
- Integrity Oversight Victoria
- a public service body
- a council in which the person that your disclosure is about is a member, officer or employee or if you are a member, officer or employee of a council, either to that council or to IBAC or the Chief Municipal Inspector.
The PID Act may not protect public interest disclosures made to unauthorised people or bodies.
Table A: Who to make your disclosure to?
| If your disclosure is about the following | Make disclosure to |
|---|---|
| Chief Commissioner of Police | IBAC
|
| Director of Public Prosecutions | |
| Chief Crown Prosecutor | |
| Solicitor General | |
| Governor | |
| Lieutenant Governor or Administrator | |
| Director, Police Integrity | |
| Electoral Commissioner | |
| Commissioner appointed under the Inquiries Act 2014 | |
| A member of a Board of Inquiry | |
| A judicial officer | |
| A judicial employee | |
| A Ministerial officer | |
| A Parliamentary adviser | |
| An electorate officer | |
| A Parliamentary officer | |
| Minister of the Crown who is not a member of Parliament | IBAC or the Parliamentary Workplace Standards and Integrity Commission |
| A Councillor | IBAC, the Victorian Ombudsman or Chief Municipal Inspector |
| Information Commissioner | IBAC or the Victorian Ombudsman |
| Health Complaints Commissioner | |
| A council | Chief Municipal Inspector To the relevant council
|
| A member of a council | |
| An officer of a council | |
| An employee of a council | |
| The Chief Examiner or an Examiner appointed under Section 21 of the Major Crime (Investigative Powers) Act 2004 | IBAC or Integrity Oversight Victoria |
| A Victorian Ombudsman officer | |
| A Victorian Auditor-General’s Office officer | |
| A Judicial Commission officer (other than a judicial member of the Board of the Judicial Commission) | |
| A member of police personnel (other than the Chief Commissioner) | IBAC or Victoria Police |
| Member of Parliament (Legislative Council) | President of the Legislative Council, the the Parliamentary Workplace Standards and Integrity Commission or IBAC |
| Member of Parliament (Legislative Assembly) | Speaker of the Legislative Assembly, the Parliamentary Workplace Standards and Integrity Commission or IBAC |
| IBAC | Integrity Oversight Victoria |
| An IBAC officer | |
| A Public Interest Monitor | |
| Victorian Inspectorate or an Integrity Oversight Victoria officer | Integrity and Oversight Committee, the Speaker of the Legislative Assembly or the President of the Legislative Council |
| Judicial officer or a Victorian Civil and Administrative Tribunal member who isn't a judicial officer | IBAC or the Judicial Commission |
Table B: Organisations that can receive public interest disclosures
| Organisation | Officers who can receive disclosures |
|---|---|
| IBAC | Commissioner |
| Deputy Commissioner | |
| Chief Executive Officer | |
| IBAC officer | |
| Victorian Ombudsman | Victorian Ombudsman |
| Victorian Ombudsman officer | |
| Integrity Oversight Victoria | Chief Integrity Inspector |
| Integrity Oversight Victoria officer | |
| Victoria Police | Victoria Police personnel with a rank of sergeant or above (including personnel acting in a role) |
| Disclosures by Victoria Police personnel go to their direct or indirect manager or supervisor | |
Public service body Public service bodies can only receive disclosures that relate to their conduct and are made by their own members, officers or employees. These disclosures can also be made to IBAC, the Victorian Ombudsman or Integrity Oversight Victoria. | Head of the relevant public service body |
| A person the public service body’s PID procedures identify as a person who can receive a PID about that body, e.g. a PID Coordinator | |
| The discloser’s direct or indirect manager or supervisor | |
A council Councils can receive disclosures about the conduct of a member, officer or employee, or disclosures made by their members, officers or employees unless it is required to be made to another entity or relates to a member of Parliament. These can also be made to IBAC, the Victorian Ombudsman, the Chief Municipal Inspector or Integrity Oversight Victoria. | Chief Executive Officer |
| A person that council’s procedures identify as a person who can receive a disclosure about the council, e.g. a PID Coordinator | |
| The discloser’s direct or indirect manager or supervisor | |
| Judicial Commission of Victoria | Director of the Judicial Commission of Victoria |
| Integrity and Oversight Committee | A member of the Integrity and Oversight Committee |
4.2 Who can make a public interest disclosure?
Any person or group of people can make a public interest disclosure.
A company or business can’t, but its officers or employees can.
4.3 Can I get someone to lodge a public interest disclosure on my behalf?
Yes, a public interest disclosure can be lodged on behalf of someone else.
You need written consent to lodge a public interest disclosure on behalf of another person. This is known as appointing an agent.
If you appoint an agent to make a public interest disclosure on your behalf--only you will get the protections.
4.4 You can submit a public interest disclosure in 2 ways
Once you have worked out the right organisation to make your disclosure to, then you can make it in one of these ways.
1. By telling someone
You can do this:
- in person
- by phone
- via voicemail
- in private to limit the possibility of reprisals.
2. By writing it down
Then you can:
- deliver it to the right person
- mail it
- email it to the right person’s official address
- submit via online public interest disclosure form.
Leave a message on 1800 518 197 if you want to submit a public interest disclosure in person or need some help.
Integrity Oversight Victoria contact details
Integrity Oversight Victoria, PO Box 617 Collins Street West 8007
Email: info@integrityoversight.vic.gov.au
Website: www.integrityoversight.vic.gov.au
Phone: 1800 518 197
Request a call back on 1800 518 197 if you want to submit a PID in person or need some help.
4.5 Can I be anonymous?
Yes, that’s easily done via:
- the online public interest disclosure form
- an anonymous phone call
- a confidential face-to-face meeting.
4.6 What to include in your public interest disclosure
- a description of the alleged improper conduct or detrimental action
- details of the relevant person or body and any witnesses
- supporting information and copies of documents
- your contacts details (unless you want to remain anonymous).
If you are subject to confidentiality obligations under a Victorian Act or required to keep information confidential, for example, because of an agreement or practice, you will not be in breach if you make a public interest disclosure as long as the public interest disclosure is not false or misleading.
4.7 Options for getting help
- if you need some help, ask the agency receiving your public interest disclosure
- public bodies, Victorian state government departments, administrative offices and local councils have assigned PID Coordinators. They receive and handle public interest disclosures and provide support
- call 131 450 for translating and interpreting services.
4.8 External disclosures
In limited circumstances you can submit a public interest disclosure to a person or body that’s not usually able to receive them (e.g. a journalist). These are called external disclosures.
They can only be made where:
- You have previously made a public interest disclosure that was classified as a public interest complaint.
- You did not make it anonymously and
- One of the following applies:
- the entity you originally submitted the public interest disclosure to hasn’t updated you on any of its actions for 6 months after telling you that it had been assessed as a public interest complaint and your request for an update has not had a response for at least 30 days
- the investigation into your public interest complaint is over 12 months old and it’s been over 30 days since you requested an update and you have not received a response or
- the investigation into your public interest complaint is over 12 months old and you received an update within 30 days of requesting it, but 6 months after receiving an update you have not been advised that the investigation has been completed.
The subject matter of your external disclosure must be substantially the same as the subject matter of your public interest disclosure.
Exemptions include information:
- that may prejudice a criminal investigation or legal proceeding which you are aware of or
- that might reveal investigation methods used by IBAC or Victoria Police.
5.Protections and support if you make a public interest disclosure
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.
6. How we will handle your disclosure
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.
7. Public interest disclosures about us
7.1 Who do I submit a public interest disclosure about Integrity Oversight Victoria to?
Integrity and Oversight Committee
Parliament of Victoria
Integrity and Oversight Committee Parliament House, Spring Street, Melbourne, Victoria 3002, Australia
+61 3 8682 2815
President of the Legislative Council
President of the Legislative Council President’s Office
Parliament House, Spring Street, Melbourne, Victoria 3002, Australia
+61 3 9651 8675
Speaker of the Legislative Assembly
Speaker of the Legislative Assembly Speaker’s Office
Parliament House, Spring Street, Melbourne, Victoria 3002, Australia
+61 3 9651 8580 or +61 3 9651 8575
7.2 Public interest disclosures about us go to the Integrity and Oversight Committee
The Integrity and Oversight Committee can receive Integrity Oversight Victoria-related public interest disclosures either directly or via another agency if it is a misdirected disclosure. The Integrity and Oversight Committee will then assess, handle and manage any subsequent investigation.
The Integrity and Oversight Committee can only classify a public interest disclosure as a public interest complaint if it shows or tends to show improper conduct or detrimental action related to making a public interest disclosure or the discloser reasonably believes it does.
If the Integrity and Oversight Committee says it’s a public interest complaint, it will write to you about what it plans to do next. If it doesn’t consider it to be a public interest complaint, then it will write confirming there won’t be an investigation and that your identity is no longer required to be kept confidential.
If the Integrity and Oversight Committee doesn’t consider it a public interest complaint, the Committee may let you know that the disclosure may be handled by another body as a complaint and that you can make a complaint to that body.
7.3 We can’t accept public interest disclosures about us or our officers
Unless it was sent by mistake by someone honestly thinking it was the right place to send it. These are called misdirected disclosures.
If you try to make an oral disclosure to us about us or one of our officers, you will be advised to take it directly to the Integrity and Oversight Committee.
If it’s a written disclosure, we have to determine if it’s a misdirected disclosure. If it is, we will need to let the Integrity and Oversight Committee know within 28 days. This is handled by our PID Coordinator.
If it’s not a misdirected disclosure, we will consider whether to treat it as a complaint under the IOV Act or the Public Administration Act 2004.
7.4 We will write to you explaining how the misdirected disclosure will be handled
This will include:
- that we’ve received it
- that we must notify the Integrity and Oversight Committee
- if not required to notify Integrity and Oversight Committee, whether we will deal with it as a complaint.
7.5 How we protect you from reprisals
We will not tolerate reprisals for public interest disclosures about Integrity Oversight Victoria or an Integrity Oversight Victoria officer.
We’ll try to minimise the risks of reprisals for a misdirected disclosure, or information given to our officers relating to a public interest disclosures about us by:
- keeping the information secure and confidential
- identifying, assessing, controlling and monitoring risks of reprisals
- making sure Integrity Oversight Victoria officers understand their legal obligations and offences related to reprisals.
A PID Coordinator will act on reports of reprisals. This includes:
- recording the alleged details
- explaining to you your rights, including your right to:
- make a public interest disclosure about the reprisal to the Integrity and Oversight Committee or to a Presiding Officer
- request a transfer to another job
- report any reprisals likely to be a criminal offence to Victoria Police.
7.6 How we support your and others welfare
Our PID Coordinators provide basic welfare support to Integrity Oversight Victoria officers disclosing or cooperating with a disclosure, subject to the confidentiality requirements in the PID Act. This includes:
- assessing, monitoring and managing reprisal risks
- advising you about the PID Act and handling of disclosures
- assisting you to seek support services, e.g. a registered medical practitioner, an employee assistance program, a trade union or a Victorian WorkCover Authority
- helping you get a transfer or alternative work arrangements, if you think reprisals have or will happen
if there is a real risk of reprisals, we’ll appoint a welfare manager to you and to anyone else involved.
7.7 How we support the person who the public interest disclosure is made about
We will provide welfare support to any Integrity Oversight Victoria officer that’s the subject of a public interest disclosure. This support will be shaped by the specific circumstances and confidentiality requirements under the PID Act.
If a disclosure is dismissed or not substantiated, we’ll ensure the subject of the public interest disclosure doesn’t suffer any consequences and take all reasonable steps to ensure the allegations, investigation outcome, and their identity stay confidential.