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Public Interest Disclosures

Purpose of these Procedures

These procedures establish an alternative system for reporting disclosures of improper conduct or detrimental action committed by the Department of Police and Emergency Management or its employees. The system enables such disclosures to be made to the Protected Disclosure Coordinator. Disclosures may be made by employees or by Department of Police and Emergency Management contractors or former contractors.

These procedures are designed to complement normal communication channels between supervisors and employees. Employees are encouraged to continue to raise appropriate matters at any time with their supervisors. As an alternative, employees may make a disclosure of improper conduct or detrimental action under the Act in accordance with these procedures.

Purpose of the Act

The Public Interest Disclosures Act 2002 commenced operation on 1 January 2004. The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct by public officers and public bodies. The Act provides protection to persons who make disclosures in accordance with the Act, and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.

Definitions of Key Terms

Three key concepts in the reporting system are: Improper conduct; Corrupt conduct; and Detrimental action.

Reporting system

Reporting can be to contact persons within the Department of Police and Emergency Management or directly to the Ombudsman.

Roles and Responsibilities

Explains the Roles and Responsibilities of employees, the Protected Disclosure Coordinator, Investigators and the Welfare Manager.

Confidentiality

The Department of Police and Emergency Management will take all reasonable steps to protect the identity of the discloser. Maintaining confidentiality is crucial in ensuring reprisals are not made against a discloser.

Investigations

The Department of Police and Emergency Management will investigate every disclosure that it receives or has referred to it unless certain conditions apply. The Protected Disclosure Coordinator will appoint an investigator to carry out the investigation.

Natural Justice

The principles of natural justice will be followed in any investigation of a public interest disclosure. These concern procedural fairness and ensure a fair decision is reached by an objective decision maker.

Managing the Welfare of the Discloser

The Department of Police and Emergency Management is committed to the protection of genuine disclosers against detrimental action taken in reprisal for the making of protected disclosures. The Protected Disclosure Coordinator will appoint a Welfare Manager to all persons who have made a protected disclosure.

Management of Persons Against Whom a Disclosure is Made

The Department of Police and Emergency Management recognises that employees against whom disclosures are made must also be supported during the handling and investigation of disclosures. All reasonable steps will be taken to ensure the confidentiality of the person who is the subject of the disclosure.

Criminal Offences

Three offences are created by the Act.

Lodgement form

Public Interest Disclosures Lodgement form
(pdf format 29 KB)