Discloser information and support
When a Public interest disclosure (PID) is made, the Public Interest Disclosure Act 2010 and PID Standards activate protections and support requirements, including:
- maintaining confidentiality
- protection from reprisal
- immunity from actions in defamation because of the PID
- providing reasonable information about how the PID will be dealt with, the outcome of any investigation and resulting actions.
- providing support to those involved in the PID process, including the discloser, subject officer and witnesses.
The confidentiality requirements apply to all parties involved, including the discloser, subject officer, witnesses, complaints handling officers and investigators. After making a PID, a discloser also has a responsibility to maintain appropriate confidentiality. Disclosers should not discuss the PID or the identity of anyone involved in the PID with work colleagues or friends.
Preserving confidentiality minimises the risk of reprisal and assures:
- interests and identities of those involved are protected
- the integrity of an investigation or review process
- confidence in the PID scheme.
What information can a discloser expect?
After making a PID a discloser typically should receive information confirming they have made a PID, the proposed action to be taken and results of the action, for example, whether the wrongdoing was substantiated, and remedies or improvements implemented in response.
Discloser’s can also seek updates from their allocated support officer or the entity’s PID Coordinator while the PID is being dealt with.
An entity may decide not to release information where they believe releasing the information will adversely impact a person’s safety, or, the investigation of an offence, or where it is necessary to preserve confidentiality about an informant’s existence or identity.
An entity may also decide to not action a PID. When this occurs, the entity must provide the discloser with written reasons for that decision and inform the discloser of their rights of review.
What kind of support can be provided?
Entities must conduct risk assessments to determine levels of protection and support required.
This will depend on a range of individual factors such as:
- the type of wrongdoing alleged
- gravity of consequences if substantiated
- connection of the discloser and others involved to the subject officer/s
- history of conflict.
Disclosers should raise concerns about perceived risks of harm, making the PID and inform their support officer or PID Coordinator about any concerns about reprisal after making the PID. Entities must:
- proactively plan to mitigate identified risks
- immediately take action to stop and correct any detriment that has occurred and prevent further detriment
- consider taking disciplinary action against person(s) who commit a reprisal.
A public sector entity may be vicariously liable if any of its employees attempt or cause reprisal against a discloser (whether a public officer or a member of the public).
Support for public officers who make PIDs
Entities have a duty of care to support and protect employees who make PIDs.
Public officers who make PIDs should be appointed a suitably trained PID support officer, who is independent of the investigation. Support provided may include:
- giving information about the PID process
- providing progress updates
- helping manage expectations
- assisting preparation for stressful situations
- referring to external support services, such as employee assistance programs
- monitoring the workplace for possible reprisal or conflict.
Support for members of the public who make PIDs
Members of the public should be allocated a trained PID support officer to inform them about the PID process and, their rights and responsibilities as a discloser. As above, the entity should inform the discloser about action taken and outcomes resulting from the PID. The discloser should also be informed that reprisal is an offence and should be reported immediately to the support officer or PID Coordinator for action.