What is a public interest disclosure?
A public interest disclosure (PID) is a scheme for reporting on suspected wrongdoings in the Australian public sector and protecting the whistleblowers who issue the disclosures. A PID can only be issued by either a current or former public servant.
Each Australian state and territory has its own specific PID act with rules, requirements, and procedures that apply to each jurisdiction’s public servants and agencies. The Commonwealth Public Interest Disclosure Act 2013 (Cth) (PID Act) went into effect on 15 January 2014.
What can a PID prevent?
By submitting a PID to the appropriate government agency, a former or current public sector official can help prevent wrongdoings that include misconduct, illegal activities, environmental damage, maladministration, potential danger to safety, and wastage of public funds.
Who can be investigated?
Both former and current Australian commonwealth public officials can be the subject of a PID, including:
- members of the Australian Defence Force
- appointees of the Australian Federal Police
- Commonwealth public servants, contractors, and affiliated staff
- persons assumed to be public officials
- persons holding office via an act (i.e. a statutory office holder)
What information a PID should include
A PID should be submitted to an authorised officer and should include, alongside one’s personal details, information about the suspicion of wrongdoing such as the context concerning the nature of the incident, when it occurred, the parties involved, actions taken (if any) in response, applicability to the PID Act, and reprisal concerns, if relevant.
Authorised Officer
An authorised officer is the principal officer of an agency or a public official either appointed in writing by a principal officer or who already belongs to an agency.
The challenges of an anonymous PID
While anonymous disclosures can be made, that does make the work of agencies investigating allegations more difficult, as it means that:
- There’s no way for agencies to seek further information should it be needed
- Applicants will be unable to receive status updates on investigations
An agency can also opt to not investigate matters submitted anonymously, due to the impracticalities that such a disclosure can create (as explained in greater detail in section 48(1)(i) of the PID Act).
Identity protection and reprisal risks
When an applicant identifies themselves to an authorised officer upon submitting a PID, that officer’s agency must make every effort to keep the submitting party’s identity confidential, as it is a criminal offence for a public official handling a disclosure matter to reveal the submitting party’s identity.
Anyone who has submitted a PID is also, by law, protected from reprisals. It is important to note that anyone who knowingly submits a disclosure with misleading or false information will not be granted the protections offered under the PID Act.
Disclosure reporting options
There are always several different options available for making a PID. They can be submitted via email or a letter, or an online form (if one is available), and they can also be submitted verbally, either by telephone or in person.
Five types of disclosures
As noted by the PID Act, there are five types of disclosures, as explained in section 26 of the PID Act:
- Internal disclosure: this is a disclosure made to the supervisor of an applicant or an authorised internal recipient (i.e. it is disclosed within an agency)
- External disclosure: A PID made to someone other than a foreign public official (i.e. it is disclosed outside the government)
- Emergency disclosure: this is a disclosure made to someone other than a foreign public official due to concerns of serious and immediate danger
- Legal practitioner disclosure: made to an Australian legal practitioner to get legal advice or professional assistance
- NACC disclosure: disclosing information about a corruption concern to the National Anti-Corruption Committee
Investigation process and duration
Once a PID has been lodged, a four-part process will commence:
- An authorised officer will review the application to determine its legitimacy
- A principal officer will decide whether or not to pursue an investigation
- An investigation will commence and the agency involved will have 90 days to complete the investigation, as well as its accompanying report
- Upon concluding the investigation, the applicant will receive a copy of the investigation report
If an agency feels that it needs more than 90 days to complete an investigation, they can seek an extension from the Commonwealth Ombudsman or the Inspector-General of Intelligence and Security (IGIS). Furthermore, throughout the process, the agency responsible for conducting the investigation is expected to provide the applicant (provided it was not lodged anonymously) with an update on the status of the investigation.
Key takeaways
Public interest disclosures are whistleblowing procedures that allow both former and current public servants to safely report on misconduct in the public service without fear of reprisal and also prevent their fellow public servants from engaging in negligent or criminal activity via an independent government agency investigation.
