Reporting improper conduct

The Public Interest Disclosures Act 2012 (Vic) (the PID Act) encourages people to report improper conduct involving public officers and/or public organisations. This is known as a ‘disclosure’ (a ‘whistleblower’ complaint).

Under the PID Act, your identity can be kept confidential and you can be protected from possible consequences such as bullying, harassment and job loss. This is called ‘detrimental action’.

Anyone.

If you witness or become aware of improper conduct, this could be reported under the PID Act.

Improper conduct can involve:

• criminal or corrupt activity
• serious misconduct, like theft of public resources such as money or equipment, or using a corporate credit card to buy personal items
• actions that are a risk to public health, safety or to the environment, like ignoring a serious threat or risk to someone's safety
• conduct that prevents or negatively affects honest work responsibilities, like accepting gifts and hospitality in return for special treatment
• dishonest actions, like favouring a friend or relative during a procurement or recruitment process
• misusing information or material, whether it’s for personal benefit or not.

You can report improper conduct anonymously. If you choose to do this we cannot contact you for more information or provide updates and outcomes.

Yes. The PID Act protects the identity of the person reporting the improper conduct. This applies even if IBAC has decided the matter is not a ‘public interest disclosure’.

Keeping your identity confidential can protect you from detrimental actions taken against you, for reporting improper conduct, like bullying, harassment and job loss.

If the matter you are reporting is a ‘public interest disclosure’, you will be protected from:

• civil or criminal liability for making the disclosure
• disciplinary action for making the disclosure
• any penalty by disclosing information that would otherwise breach confidentiality in any agreement or Act
• defamation action for making the disclosure
• detrimental action in response to your disclosure (you can sue for damages)
• detrimental action that has or may be taken against you (you can seek an injunction to stop or resolve it).

Making a disclosure doesn’t give you immunity for your own actions.

This is a complex area of the law. If you are in doubt about anything, you should seek advice from our office or IBAC before disclosing any information. Alternatively, you may seek your own legal advice.

You can make a report (a ‘public interest disclosure’) to IBAC or by contacting us in writing (post or email), by telephone or in person.

You will need to include the following information:

• What is the alleged improper conduct?
• Who was involved?
• When and where did it happen?
• Has anyone else been told?
• Why do you believe this conduct has occurred?
• Copies of any supporting documentation.

We must notify IBAC if we receive a report that indicates improper conduct has happened or where we come across corrupt conduct. You can also report improper conduct directly to IBAC.

When a report indicates improper conduct, we will notify IBAC within 28 days.

IBAC can investigate, dismiss or refer a disclosure of improper conduct. IBAC may refer the report back to our office. We will then assess - guided by the Ombudsman Act 1973 (Vic) – whether to investigate.

Sometimes IBAC may assess the report as not being a ‘public interest disclosure’ and return it to our office. In those cases, we consider what further action to take.

More information about how we handle 'public interest disclosures' is available in our Public Interest Disclosure Policy.

Yes. If you decide you do not want your report to be treated as a ‘public interest disclosure’ you must contact us in writing (post or email) within 28 days.

You must make it clear that you do not want the matter considered as a ‘public interest disclosure’.

We cannot investigate your report until IBAC has assessed it.

If IBAC refers your report back to our office, we may decide not to investigate because:

• it will interfere with a police, IBAC or Victorian Inspectorate investigation
• the report does not show improper conduct has happened or will happen
• we believe the allegations or report do not amount to improper conduct
• it has already been investigated by a similar organisation.

Complaint

A complaint is usually about the way a public organisation has:

• made a decision
• provided a service
• treated you.

A complaint mostly affects the person who is making it. More information is available in our complaints section.

Public interest disclosure

A ‘public interest disclosure is usually a report about improper conduct of a person or people within a public organisation.

It is usually made by a person who has witnessed or works with people performing in an improper way. It doesn’t always directly affect them.

If your 'public interest disclosure' is about the Ombudsman or an Ombudsman staff member, you must make it to IBAC or the Victorian Inspectorate.

Details on how to do this are available on:

• IBAC’s website or by contacting IBAC on 1300 735 135, or
• Victorian Inspectorate’s website or by contacting the Inspectorate on 1800 518 197.