Implement a public interest disclosure management program
Section 28 of the Public Interest Disclosure Act 2010 (PID Act) requires public sector entity chief executive officers to:
- establish reasonable procedures for dealing with PIDs and
- ensure the agency’s PID procedure is published on a website readily available to the public.
The PID procedure must ensure that:
- the entity has a PID management program that conforms with the PID Standards
- PIDs made to the entity are properly assessed and investigated
- appropriate action is taken in relation to any wrongdoing that is the subject of a PID
- persons who make PIDs are given appropriate support and protected from reprisal.
PID standards
Section 60 of the PID Act allows the Queensland Ombudsman to make standards about how public sector entities:
- facilitate the making of PIDs
- perform their functions under the PID Act
- protect people who make PIDs from reprisal.
The Queensland PID Standards came into effect on 1 March 2019 and are binding on all public sector entities. Public Interest Disclosure Standard No. 1/2019 - Public Interest Disclosure Management Program (PDF 168.4KB) sets out the minimal systems and procedures that public sector entities should have in place to meet their obligations under the PID Act, including the requirements for a compliant PID management program.
Public interest disclosure management program
A PID management program is a published commitment by the agency to establish work processes that facilitate the receipt and management of PIDs, including a commitment to PID awareness and education. It is part of an agency’s ethical framework along with the Code of Conduct, corruption prevention activities and complaints management system.
There is no ‘one size fits all’ PID management program. An agency’s program will be influenced by the entity’s nature, size and geographic spread, as well as the organisation’s PID management capacity.
PID Standard 1/2019 sets out the minimum expectation of an agency but does not specifically instruct on implementation.
A PID management program should include the agency's organisational commitment to:
- encouraging the reporting of wrongdoing and supporting disclosers
- appointing and suitably resourcing a PID Coordinator to oversee the agency’s PID management program
- facilitating specialised training for the PID Coordinator and PID Support Officer/s (key to supporting disclosers)
- providing those who may receive PIDs (proper authorities) with access to PID training and information about their responsibilities
- ensuring those responsible for assessing, investigating or dealing with PIDs have appropriate training and delegations
- implementing a PID communication strategy informing employees of the entity’s PID procedure and management program
- providing all employees with training on how to identify and report PIDs
- using information obtained from PID data to identify systemic issues and inform improvements to service delivery, personnel management, business processes and internal controls.
It is essential the entity:
- document the PID management program
- communicate the PID management program on a website accessible to the public and in a manner accessible to all employees of the entity
- effectively oversee the PID management program to ensure consistent and fair application of the PID Act and management of PIDs.
Public interest disclosure procedures
The PID Act and PID Standard 1/2019 require that entities have a PID procedure. The procedure must:
- be consistent with the principles in the PID Act
- commit the agency’s management to acting on reports of suspected wrongdoing and providing support to disclosers
- set out the process for reporting wrongdoing
- explain how the entity will assess PIDs, communicate with disclosers and keep records
- give information about the support and protections available to disclosers, particularly how confidentiality will be managed
- identify rights of review
- link to other relevant policies and procedures
- be published on a public website and be readily accessible.
Agencies with a complaint management function
For entities with a legislative complaint management function, the PID procedure should set out how the entity will identify, assess and manage PIDs received part of their statutory function, as well as how they will deal with PIDs made by employees and others about the entity.
Procedure resources