Detrimental action offences and how to refer evidence of detrimental action offences

Despite an agency’s duty to assess and manage the risk of detrimental action occurring, there may nevertheless be instances where a detrimental action offence takes place. If this happens, agencies are required to refer evidence and information to certain agencies under the Public Interest Disclosures Act 2022 (PID Act).

Agencies also need to be able to detect when a detrimental action offence has occurred so that appropriate action can be taken in response. This guideline explains elements of the detrimental action offence and how agencies can refer evidence of detrimental action offences to a relevant agency for investigation.

Agencies must also, of course, ensure that their own actions (or inactions) do not constitute or involve unlawful detrimental action.