Public interest disclosures
People who work in the public sector generally know when something is wrong. They often know when a colleague is doing the wrong thing. They certainly know when systems aren’t working properly and they often know when their organisation is wasting public funds.
In NSW, we are working to strengthen the integrity of the public sector by improving the system for public officials to report what is going wrong.
The Public Interest Disclosures Act 1994 (PID Act) sets in place a system to encourage public officials to tell someone about serious wrongdoing.
The NSW Ombudsman is responsible for promoting public awareness and understanding of the PID Act and monitoring its operation. We provide advice and guidance to public sector workers who are thinking about reporting serious wrongdoing.
We also provide assistance, guidance, resources and training to public authorities responsible for managing and responding to public interest disclosures. For inquires and further information, please contact the PID Unit on (02) 9286 1000 or to: pid@ombo.nsw.gov.au.
To keep up-to-date with our PID e-news, please email ‘subscribe’ to: pid@ombo.nsw.gov.au.
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Public Interest Disclosures changes in 2011–2012
Resources for PID practitioners
PID training and education
Are you thinking about reporting serious wrongdoing at work?
Our Public Interest Disclosures (PID) Unit
Latest update
New responsibilities for public authorities
NSW Parliament passed the Public Interest Disclosures Amendment Act 2011 in September 2011. The Act made a number of changes to the public interest disclosures system, including additional obligations for the heads of public authorities to ensure that their staff know how to report serious wrongdoing to someone who can do something about it.
For further information, see the Public interest disclosures changes in 2011-2012 section our Fact sheet 1, Changes to the public interest disclosure system. We have updated our previous guidelines and fact sheets to reflect the changes.
Public interest disclosures changes in 2011-2012
In NSW, the public interest disclosures system has been in place since 1995. In October 2010, following a review of the system, the NSW Parliament passed the Protected Disclosures Amendment (Public Interest Disclosures) Act 2010, which widened the protections for people who report serious wrongdoing and gave the NSW Ombudsman responsibility to champion the system. These changes took effect from 1 July 2011.
In September 2011, NSW Parliament made additional changes to the system with the Public Interest Disclosures Amendment Act 2011.
Significant changes to the system during 2011-2012 include:
From 1 July 2011
- The Ombudsman is responsible for ensuring that the NSW Public Service implements the public interest disclosures system properly and achieves its objectives.
- A person who reports serious wrongdoing through the system can sue someone who takes detrimental action against them for reporting. Taking detrimental action is also grounds for the organisation to take disciplinary action.
- Public authorities must have policies in place for responding to public interest disclosures.
For further information, see our Fact sheet 1, Changes to the public interest disclosure system.
From 1 November 2011
- The head of each public authority must appoint a person who is responsible for handling disclosures.
- The head of each public authority must ensure that their staff know how to report serious wrongdoing to someone who can do something about it.
- Council workers can report serious wrongdoing within councils to the Division of Local Government, Department of Premier and Cabinet.
For further information, see our Guideline A1, Management commitment to internal reporting and Fact sheet 5, Public interest disclosures – obligations and responsibilities of state government principal officers and Fact sheet 6, Public interest disclosures – obligations and responsibilities of local government general managers.
From 1 January 2012
- Each public authority must collect information about each public interest disclosure received including: the date received, who made it and when the matter was finalised.
- Later in 2012, each public authority must report to the NSW Ombudsman a summary of statistical information about the public interest disclosures received during the six months from 1 January 2012. The information to be reported is outlined in the Public Interest Disclosures Regulation 2011.
From July 2012
- Each public authority must report on its activities in implementing the public interest disclosures system, including statistical information about the disclosures it has received since 1 January 2012, in their Annual Reports.
For further information, see the NSW Premier’s Memoranda M2011-12 Strengthening Whistleblower Protections and M2011-17 Public Interest Disclosures Policies and other Changes.
Resources for PID practitioners
In our role to help public authorities assess, handle and report on public interest disclosures, the NSW Ombudsman provides:
Model internal reporting policies
Our PID practitioners’ network is for public sector staff responsible for handling public interest disclosures.
Public sector organisations that don’t have the capacity to do their own PID investigations can seek assistance from the NSW Internal Audit Bureau, who has signed a Memorandum of Understanding (MoU) with the NSW Ombudsman. Read more about the MoU.
PID guidelines
During 2011-2012, the NSW Ombudsman has been releasing a series of guidelines on a wide range of topics, giving practical guidance to help organisations meet their obligations under the PID Act and manage their public interest disclosures.
The PID Act requires public authorities to have an internal reporting policy and procedures in place for receiving, assessing and dealing with public interest disclosures. This policy must have regard to the NSW Ombudsman’s model policy and guidelines.
Index of guideline topics
| Number | Guideline title | Priority |
A: Organisational commitment |
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November 2011 |
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November 2011 |
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A3 |
Awareness and training |
First Quarter 2012 |
A4 |
Evaluation and engagement |
First Quarter 2012 |
B: Facilitating reporting |
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November 2011 |
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November 2011 |
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November 2011 |
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November 2011 |
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B5 |
Reporting to Members of Parliament and journalists |
First Quarter 2012 |
B6 |
Anonymous reporting |
First Quarter 2012 |
C: Assessing and investigating disclosures |
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C1 |
People that are the subject of a report |
First Quarter 2012 |
C2 |
Reporting to the NSW Ombudsman |
First Quarter 2012 |
November 2011 |
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December 2011 |
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December 2011 |
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C6 |
Managing referred and external investigations |
First Quarter 2012 |
November 2011 |
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D: Supporting and protecting internal reporters |
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November 2011 |
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December 2011 |
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November 2011 |
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December 2011 |
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D5 |
Reprisals – investigating, acknowledging, remedying |
First Quarter 2012 |
D6 |
Exit and follow-up |
First Quarter 2012 |
E: Implementation (taking an integrated organisational approach) |
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December 2011 |
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November 2011 |
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Model internal reporting policies
The NSW Ombudsman has developed a model reporting policy for NSW State public authorities and a model reporting policy for local government in consultation with a broad range of experts and stakeholders.
The PID Act requires public authorities to have an internal reporting policy and procedures in place for receiving, assessing and dealing with public interest disclosures. This policy must have regard to the NSW Ombudsman’s model policy and guidelines.
Model internal reporting policy
Model internal reporting policy (local government)
PID fact sheets and information resources
Fact sheet 1: Changes to the public interest disclosures system – information for public authorities
Fact sheet 2: Am I dealing with a public interest disclosure?
Fact sheet 3: Thinking about reporting serious wrongdoing?
Fact sheet 4: Thinking about reporting serious wrongdoing in local government?
Fact sheet 5: Obligations and responsibilities of state government principal officers
Fact sheet 6: Obligations and responsibilities of local government general managers
Fact sheet 7: Confidentiality and its practical alternatives
Checklist: Ensuring your internal reporting policy is best practice
PID investigations
To ensure that organisations that don’t have the capacity to do their own PID investigations can access appropriate investigation resources, the NSW Ombudsman has entered into a Memorandum of Understanding with the NSW Internal Audit Bureau (IAB). The MOU outlines arrangements for the IAB to provide to public authorities investigative services in relation to public interest disclosures. The IAB is a NSW government trading enterprise that specialises in providing a wide range of assurance and improvement services to State, Local and Commonwealth Government organisations in NSW and the ACT.
Please read the Memorandum of Understanding NSW Ombudsman and IAB Services - The investigation of Public Interest Disclosures.
PID practitioners’ network
The NSW Ombudsman recommends that each public authority appoint a member of staff to be their PID coordinator. Each principal department should also consider appointing a senior staff member as their disclosures manager to coordinate the handling and reporting of public interest disclosures throughout their cluster. For further information, please read Guideline E2: Role and responsibilities.
We have established the PID practitioners’ network for coordinators and other people handling disclosures in the NSW public sector. We hold regular forums to provide updates on changes to the public interest disclosures system and opportunities to network with colleagues dealing with similar issues.
For further information about the PID practitioners’ network, please contact the PID Unit at pid@ombo.nsw.gov.au.
PID e-news for regular updates
Our PID e-news bulletins keep you up-to-date with news, changes to legislation and regulations, training sessions, events, publications, guidance material and educational resources. We distribute our regular PID e-news bulletin to practitioners and e-news subscribers. To receive the PID e-news, click on this 'subscribe' link.
PID training and education
Free PID training
It is important that people in the public sector are aware of the what, why, who and how of making and managing disclosures. The NSW Ombudsman offers free training sessions on public interest disclosures for public authorities, either in-house or at a convenient location.
Our PID training provides an overview of the public authority’s responsibilities under the Public Interest Disclosures Act 1994 and the roles and responsibilities of parties involved in disclosures. We can tailor training content to meet your organisation’s training needs.
Our training sessions help public authorities to:
- promote awareness of the importance of public interest disclosures
- promote a positive reporting environment
- reach compliance with the requirements of the Public Interest Disclosures Act 1994
- manage public interest disclosures effectively.
NSW Ombudsman Public interest disclosures training flyer
PID e-learning
E-learning is a quick, focussed training alternative for public authorities that are unable to send all their staff to a PID training session. Our introductory PID e-learning module is now available. Organisations can use this material to help raise staff awareness about public interest disclosures. It’s free!
PID e-learning:
- delivers consistent messages
- can be used to train any number of staff
- can be done any time
- can be done in your workplace
- is FREE
- has no travel expense.
Training inquiries
To book training, order e-learning or discuss your organisation’s training needs, contact the PID Unit at pid@ombo.nsw.gov.au.
Online bookings
You can register your organisation for training using the online form on the NSW Ombudsman website at www.ombo.nsw.gov.au/trainingworkshops/onlineregform.asp.
Are you thinking about reporting serious wrongdoing?
The Public Interest Disclosures Act 1994 sets in place a system to encourage people who work in the public sector to report serious wrongdoing without fear of being sued for defamation or breach of confidence.
Some people also fear that if they report wrongdoing their colleagues or managers will take detrimental action against them. The public interest disclosures system deters this kind of reaction by providing that the taking of detrimental action or reprisal is:
- a criminal offence
- grounds for disciplinary action
- grounds for you to sue them for damages.
For further information, read our guideline B1, Who can report wrongdoing?
Is my concern a grievance or a public interest disclosure?
To receive the protections under the public interest disclosures system, your concerns must be about wrongdoing that is so serious that it is clearly in the interests of the citizens of NSW that you report it. Any concerns that relate to the way someone’s behaviour is affecting you as an individual are usually more appropriately dealt with through a grievance process.
You should consider reporting wrongdoing through the public interest disclosures system if your concerns are about:
- corrupt conduct
- serious maladministration
- serious and substantial waste
- failure to comply with the system through which people can access government information (Government Information (Public Access) Act 2009)
- a breach of local government pecuniary interest requirements.
For further information, read our guidelines B2, What should be reported and B3, What’s not a public interest disclosure?
What is needed from me if I want to report wrongdoing?
When you are thinking about reporting wrongdoing, stop and think about the situation from the public authority’s perspective. Remember that your organisation, or an investigating authority, can usually only act if they have evidence that the wrongdoing has taken, or is taking, place. They will be unlikely to act if the only information you give them is what you think has happened, or is happening.
To receive the protections under the public interest disclosures system, you must disclose information that you honestly believe shows, or tends to show, the wrongdoing that you allege.
You must also have reasonable grounds for your belief. So think about what documents or other evidence may support your version of events. Provide any evidence you have, or information about where evidence can be found, in support of your report.
However, you should not investigate the matter yourself as this could hinder any future official investigation. Also do not do anything illegal (for example, hack into someone’s computer) to find evidence. This will just get you into trouble and distract attention away from the wrongdoing that you have observed.
Who do I report to?
You can report serious wrongdoing to the principal officer in your organisation. This may be your Director-General, Chief Executive or General Manager. Your organisation is required by law to have an internal reporting policy that tells you who you can make a disclosure to. If it doesn’t, or if you have reasons to doubt your organisation’s capacity to do something about the wrongdoing you have observed, you can report wrongdoing to an investigating authority.
You can report:
- serious maladministration to the NSW Ombudsman
- corrupt conduct to the Independent Commission Against Corruption
- serious and substantial waste to the NSW Auditor General
- concerns about the government information system to the Office of Information Commissioner NSW
- serious wrongdoing in a council (of any of the above categories) to the Division of Local Government, Department of Premier and Cabinet
- serious wrongdoing by a police officer (of any of the above categories) to the NSW Government Police Integrity Commission.
For further information, read our guideline B4, Reporting pathways
Should I make a report if I am scared of reprisal?
The public interest disclosures system provides a legal framework that aims to deter people from responding to your report of wrongdoing in a way that hurts or disadvantages you. You are in the best position to judge how people in your workplace will react if you report wrongdoing and they find out.
If you are scared of reprisal, talk to someone you trust, preferably outside your workplace, about your situation. You can talk to a staff member at the NSW Ombudsman who has experience in these kinds of matters. Sometimes keeping your disclosure confidential will give you the best protection, but sometimes this will not be possible.
What is likely to happen after I make a report?
Your organisation is required by law to have an internal reporting policy that sets out the process that they will follow if you report wrongdoing to the principal officer or someone else who works there. If you report the wrongdoing to an investigating authority, they will tell you their processes.
No matter where you report the wrongdoing, the public authority is required to:
- acknowledge that they have received your disclosure
- tell you what they have decided to do in response (within six months of you reporting)
- keep your identity confidential if possible.
For further information, read our guideline C7, Confidentiality
What can I do if I am not kept informed?
If the public authority does not tell you their decision within six months of your disclosure and you have made genuine attempts to obtain information, you could consider escalating the matter and complaining to the NSW Ombudsman about the recipient’s failure to progress the matter.
You could also consider reporting the wrongdoing to a Member of Parliament or a journalist. However, you will only receive the protections of the public interest disclosure system if there is evidence that proves that your allegations are substantially true. You should seek advice from an independent legal adviser or from a staff member at the NSW Ombudsman when considering this path.
What can I do if I am not happy with the outcome?
When you report wrongdoing, the outcome may not always be what you expect. The decision-maker should be able to explain to you the reasons for the outcome. Sometimes what you think you have observed, turns out to be something else. Sometimes, there just is not enough evidence of the wrongdoing for your organisation to take the action you want them to take.
If you feel your organisation has not properly explained the reasons for the outcome, you can ask for more information or request that they review their decision. If this process is not available you can talk to a staff member at the NSW Ombudsman.
What do I do if I think someone is taking detrimental action against me?
Speak to someone you trust about your situation. If your organisation has arranged for a support person, talk to them. You can talk to a staff member at the NSW Ombudsman to help you decide what would be the best thing to do. You may need to consider making a further report that someone has taken reprisal against you, if this is a practical option in your circumstances.
Please read our Fact sheet 3 Thinking about reporting serious wrongdoing.
For more information and Fact sheet 4, Thinking about reporting serious wrongdoing in local government
If you have further questions about making a report or about the obligations of your organisation, you can contact the PID Unit on (02) 9286 1000 or to: pid@ombo.nsw.gov.au.
Our Public Interest Disclosures Unit
The NSW Ombudsman’s roles and responsibilities for the public interest disclosures system have expanded significantly since 1 July 2011.
We are responsible for overseeing the implementation of the public interest disclosures system by the NSW Public Service and promoting its objectives by:
- promoting public awareness and understanding of the system
- providing the public sector with training, information, advice, assistance and guidance
- monitoring and auditing the implementation of the system by the public service
- chairing a Steering Committee that comprises representatives from the investigating authorities and significant areas of the public sector
- reporting to and making recommendations to government about how the system could be improved.
The NSW Ombudsman has established the Public Interest Disclosures Unit (PID Unit) to fulfil these responsibilities.
Objectives
The PID Unit’s objectives are to:
- increase awareness of the procedures for making public interest disclosures and the protections provided by the PID Act
- improve the handling of disclosures and the protection and support for people who make them
- improve identification and remedying of problems and deficiencies revealed by disclosures
- ensure an effective statutory framework is in place for the making and management of disclosures and for the protection and support of the people who make them.
Contact us
Contact the PID Unit at pid@ombo.nsw.gov.au or on (02) 9286 1000 or toll free (outside metro area) on 1800 451 524 for further information and inquiries.
