Council is committed to the promotion of the public interest and supports the making of genuine public interest disclosures concerning any wrongdoing within Council.
What is a Public Interest Disclosure?
A Public Interest Disclosure (PID) is a report of suspected wrongdoing or danger. For an allegation, to be considered a PID and attract the protections under the Public Interest Disclosure Act 2010, it must be:
- Public interest information about substantial and specific wrongdoing or danger
- An appropriate disclosure
- Made to the proper authority
Once considered, a PID will attract the protections under the Act.
Public Interest Disclosure Act 2010 (the Act) aims to ensure that government is open and accountable by providing protection for those who speak out about wrongdoing or in other words, make a public interest disclosure (PID).
Making a PID is sometimes referred to as ‘whistleblowing'. Reporting suspected wrongdoing is vital to the integrity of the Queensland public sector.
What can a PID be about?
Any person, including public sector officers, may disclose information about:
- A substantial and specific danger to the health or safety of a person with a disability
- A substantial and specific danger to the environment (as set out in the PID Act)
- Reprisal action following a PID
A public sector officer may also disclose information about:
- Corrupt conduct by another person
- Maladministration that adversely affects someone's interest in a substantial and specific way
- A substantial misuse of public resources
- A substantial and specific danger to public health or safety
- A substantial and specific danger to the environment
All disclosures must meet the subjective or objective tests set out in the PID Act. This means:
- the discloser honestly and reasonably believes the information provided tends to show the conduct or danger; or
- the information tends to show the conduct or danger regardless of the discloser’s belief.
Making a Public Interest Disclosure
According to the Public Interest Disclosure Act 2010, members of the public are encouraged to make a PID regarding:
a) A substantial and specific danger to the health and safety of a person with a disability as defined in the Disability Services Act 1992;
b) A substantial and specific danger to the environment;
c) A reprisal taken against anybody as a result of a PID.
A reprisal is when a person causes or attempts to conspire to cause detriment to another person because, or in the belief that, another person has made or may make a PID.
The public is encouraged to report all wrongdoing regarding Council, and where any disclosures are received which do not meet the PID requirements, will be considered through council's general complaints process or another appropriate avenue.
Making a Disclosure to the Proper Authority
To identify whether Council is the proper authority to make your report to, you need to consider who and what the report is about.
Council is only authorised to receive a PID where:
- The disclosure is about the conduct of Council or its employees.
- Council is responsible for the investigation of particular issues (e.g. matters referred from the Crime and Corruption Commission and/or Queensland Ombudsman).
Discloser Responsibilities
When making a PID you have a responsibility to:
- Provide honest and accurate information. Deliberately providing false or misleading information is an offence under the Public Interest Disclosure Act 2010;
- Provide all information currently in your possession. You must not seek to investigate the matter yourself;
- Make the disclosure to someone you reasonably believe is the proper authority to receive it.
Anonymous Public Interest Disclosures
A PID can be made anonymously. Remaining anonymous means, you do not identify yourself as the discloser at any stage to anyone. However, anonymous PIDs are often more difficult to investigate and Council strongly encourages disclosers to identify themselves if possible.
If you do identify yourself to the person who receives your PID, Council shall make every effort to keep your identity confidential. Remember that Council will not be able to inform you of any action it takes if you remain anonymous.
Confidentiality
Strict confidentiality requirements apply to PIDs. Confidential PID information can be recorded or disclosed:
- To administer the PID Act or to discharge a function under another Act (for example, to investigate something disclosed by a public interest disclosure)
- For a proceeding in a court tribunal
- With the consent of the person, the information relates to (or if the consent of the person cannot be reasonably obtained if the information is unlikely to harm the interests of the person) or
- If it is essential under the principles of natural justice and reprisal is unlikely
Protection
Those who make a PID will be afforded reasonable protection from reprisals.
- When a disclosure is made, the Council will assess the risk of reprisal and offer the discloser appropriate support. If the discloser has been involved in the wrongdoing they may be subject to criminal proceedings and disciplinary action.
- No protection is afforded to those who make disclosures to the media (except as permitted under s20) or via means not stated in the Act.
How do I make a Public Interest Disclosure?
A PID can be made either orally or in writing:
- You can submit your Public Interest Disclosure in writing, either via email at PIDs@Isaac.qld.gov.au or by addressing a written letter to the PID Coordinator (C/- of the Chief Executive Officer) and clearly mark the sealed envelope as “Public Interest Disclosure - Private and Confidential”.
- You can also phone Council on 1300 ISAACS (1300 472 227) and ask for the Senior Governance Officer, who is Council’s PID Coordinator.
- The PID Coordinator will assess your disclosure, and if it does not fit the criteria of a PID, it will be dealt with under the Council's complaints management process.
Where do I get more information?
For more information refer to the Council's PID Policy(PDF, 190KB) and Procedure and Management Plan.(PDF, 335KB)
The Queensland Ombudsman oversees how public sector agencies manage public interest disclosures. The Ombudsman also provides fact sheets and guidance about public interest disclosures, including your rights and responsibilities under the PID Act.
Visit the Queensland Government's website on the conduct and performance relating to ethics and other matters.