Public interest disclosures

Overview

The Public Interest Disclosure Act 2013 (PID Act) is the legislative scheme for the reporting and investigation of allegations of serious wrongdoing in the Commonwealth public sector. Allegations of serious wrongdoing made under the PID Act are known as disclosures or public interest disclosures (PIDs).

The purpose of the PID Act is to:

  • promote the integrity and accountability of the Commonwealth public sector
  • encourage the reporting of suspected serious wrongdoing by public officials
  • ensure that allegations are properly investigated by the department
  • provide protections and support for those who make a PID.

All Commonwealth agencies, public officials and contracted service providers are required to comply with the PID Act.

Who can make a PID?

A current or former public official can make a disclosure. This includes:

  • Australian Public Service (APS) employees
  • individuals employed by a Commonwealth company, authority, statutory agency and the Parliamentary Service
  • statutory officeholders
  • Commonwealth contracted service providers or their staff.

What can be disclosed?

You can disclose information that you believe, on reasonable grounds, tends to show wrongdoing within a Commonwealth agency, or by a public official, or by a Commonwealth contracted service provider.

There are different categories of disclosable conduct which are set out below. Conduct which:

  • contravenes a law
  • perverts the course of justice
  • is corrupt
  • results in the wastage of public money or property
  • is an abuse of public trust
  • constitutes maladministration
  • fabricates or falsifies scientific research
  • unreasonably endangers the health or safety or a person
  • endangers the environment
  • is an abuse of a position
  • would give reasonable grounds for termination of a public official’s employment.

What cannot be disclosed?

The following cannot be disclosed under the PID Act:

  • Personal work-related conduct (for example, bullying or harassment), unless it is of a significant nature that it undermines public confidence in the department, has significant implications for an agency, or constitutes reprisal action in relation to a disclosure.
  • Disagreements that relate only to government policy (and related expenditure).
  • Action taken or proposed to be taken by a Minister.
  • The actions of Parliamentarians.
  • The proper activities of intelligence agencies.
  • Activities of grant recipients.

Matters that have already been subject to a previous investigation process may not be investigated under the PID Act.

How to make a PID

A PID can be made orally or in writing to:

  • a supervisor of the staff member
  • an Authorised Officer of the department (if the discloser belongs, or belonged, to the department or the disclosure relates to the department).

Your identity and contact details, as well as the content of your disclosure will be protected and managed in accordance with the PID Act.

Report anonymously

A disclosure can be made anonymously. If you wish to remain anonymous you should clearly state this in your correspondence.

If you do not provide a means of contact, it may be difficult to investigate the disclosure and communicate with you. Consider using a pseudonym email address to enable the department to communicate with you on your disclosure.

What to include

You may like to include the following in your disclosure:

  • your name and contact details, unless you wish to remain anonymous
  • the nature of the suspected wrongdoing
  • who you believe committed the suspected wrongdoing
  • when and where the suspected wrongdoing occurred
  • relevant background information and events
  • how you became aware of the suspected wrongdoing
  • if anything has been done in response to the suspected wrongdoing
  • details of anyone else who is aware of the suspected wrongdoing
  • whether the suspected wrongdoing has been reported to anyone else
  • if you are concerned about possible reprisal as a result of making a disclosure.

Authorised Officers

The department’s Authorised Officers are:

  • David Mackay
  • Jessica Hall
  • Daniel Caruso
  • Adam Stankevicius
  • Melissa Cashman

To direct a public interest disclosure to a particular Authorised Officer, please ensure your correspondence is addressed to, or you request to be transferred to, that officer.

Phone

Call 1800 075 001 and ask to be transferred to one of the department’s Authorised Officers.

Email

To make a public interest disclosure to an Authorised Officer, email PID@infrastructure.gov.au.

Mail

To report a disclosure by mail (post), please address the correspondence as follows:

‘CONFIDENTIAL – for addressee only’
To the Authorised Officer [or insert name of nominated Authorised Officer]
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
GPO Box 594
CANBERRA  ACT  2601

Discloser protections

If your disclosure meets the criteria for a PID:

  • You will receive immunity from civil, criminal or administrative liability in relation to the making of the disclosure.
  • You are also protected from reprisals or threatened reprisals.

These protections continue to apply after the finalisation of the PID investigation.

What to expect after you make a PID?

An Authorised Officer will review your disclosure and will determine if it meets the requirements to be investigated. The Authorised Officer will aim to make this initial decision within 14 days. 

If the Authorised Officer decides it should be investigated, the investigation is to be completed within 90 days from the Authorised Officer’s decision. An extension of time may be sought from the Commonwealth Ombudsman to complete the investigation. The discloser and the Commonwealth Ombudsman will be notified of the outcome of the investigation.   

Find out more

PID procedures

For further detailed information on how the department manages PIDs, and if you are considering making a PID, refer to the department’s PID Procedures established under the PID Act:

The Commonwealth Ombudsman

The Commonwealth Ombudsman plays a key role in:

  • overseeing and reporting on the operation, and promoting awareness and understanding, of the PID Act
  • providing information to disclosers and agencies
  • receiving and investigating complaints about the handling of PIDs.

You can learn more about PIDs, including responsibilities and protections for disclosers, on the Commonwealth Ombudsman website.

The National Anti-Corruption Commission

If, in the course of their duties, a PID official becomes aware of serious or systemic corrupt conduct, they must report the matter to the National Anti-Corruption Commission (NACC).

Visit the NACC website to find out more, including reporting obligations of PID officials.