Deeming that a disclosure is a voluntary PID

The head of an agency has a discretionary power, in certain circumstances, to determine that a disclosure is a voluntary public interest disclosure (PID) even if the report does not otherwise have all the features of a voluntary PID.¹ This is referred to in this guideline as the ‘deeming power’.

By deeming that a disclosure is a voluntary PID, it ensures that reporters are provided with protections and that serious wrongdoing is acted upon.

This guideline covers the circumstances in which the deeming power may be used, factors to consider when deciding to deem that a disclosure is a voluntary PID and the process to be followed when using the deeming power. You should refer to the Dealing with voluntary PIDs for what to do once a disclosure has been deemed to be a voluntary PID.

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^1. Public Interest Disclosures Act 2022, s 29