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What is the Public Interest Disclosure Act?
What behaviour can be reported under the Public Interest Disclosure Act?
Why report unethical or corrupt conduct?
Who can receive a Public Interest Disclosure?
What happens when a public disclosure is made?
Where can I get more information about making a public interest disclosure?

What is the Public Interest Disclosure Act?

The Public Interest Disclosure Act 1994  was established to encourage the disclosure of conduct adverse to the public interest in the public sector.

The Act:

• provides rights and protection for people who report corrupt, illegal or improper conduct or substantial waste of public resources
• ensures that ACT government agencies deal with disclosures and act on substantiated disclosures.

Anyone can make a disclosure, although you must provide your information through ACT Government Agencies. Going outside official channels means that protection provided by the Act will not apply. There are also penalties for providing false or misleading information.

What behaviour can be reported under the Public Interest Disclosure Act?

• dishonesty or bias
• misuse of official information
• negligent or improper management of government funds
• trying to influence a public official to act improperly or
• victimising a person because they have made a public interest disclosure.

Why report unethical or corrupt conduct?

The Department and its officers are proud of their commitment to the services they provide and to their reputation in the community. This reputation can be adversely affected by any unethical or corrupt behaviour. Such behaviour can also affect the trust and respect the community has for the ACT Public Service.

As a public employee you are obliged under the PSM Act to report corruption, fraud or maladministration.

The Public Interest Disclosure Act 1994 supports the reporting of wrongdoing in the public sector. It is in the public’s interest that disclosures are made. Remember unethical and corrupt conduct lets us all down.

Who can receive a Public Interest Disclosure?

Disclosures can be made to:

• the agency where the conduct occurred
• an agency that you think may have the power to investigate the conduct
• any ACT Government agency – ask for the public interest disclosure contact officer or
• the ACT Ombudsman or
• the ACT Auditor General.

You can contact:

• Governance and Legal Liaison
  (02) 6205 9339 or email: manager.g&l@act.gov.au
• ACT Ombudsman (02) 6276 0111
• ACT Auditor General (02) 6207 0833

If you have any questions about the Act, you can contact:

• Public Sector Accountability
  Public Sector Management Group
  Chief Minister’s Department
  (02) 6207 6136

What happens when a public disclosure is made?

Each agency is required under the Act to establish Procedures for Actioning Public Interest Disclosures  (40kb) for the making of and the investigation of public interest disclosures.

Where can I get more information about making a public interest disclosure?

• Public Interest Disclosure Act 1994
• The Public Interest Disclosure Act 1994  (20kb) pamphlet provides general information   regarding the provisions of the Act
• Public Interest Disclosure – What Happens Now?  (22kb) flow chart of procedures for the ACT Department of Education and Training
• A Guide to the Public Interest Disclosure Act 1994  published by Chief Minister's Department.