Reporting to the Ombudsman

Agencies are required under the Public Interest Disclosures Act 2022 (PID Act) to report certain information about the voluntary public interest disclosures (PIDs) they have received, and how they have dealt with those voluntary PIDs, in an annual return to the Ombudsman. Agencies are also required to include in this annual return information about the measures they have taken during the reporting period to promote a culture in which PIDs are encouraged.

Agencies are required to notify the Ombudsman if they enter into an arrangement with another agency or another entity to exercise any of its functions under the PID Act, at the time this arrangement is entered into.

Agencies also have obligations under the PID Act to notify the Ombudsman in relation to detrimental action offences by, or against, persons associated with that agency or arising from a PID relating to that agency. An agency must also notify the Ombudsman if it refers evidence of a detrimental action offence to the relevant agencies named in the PID Act. The PID Act sets out when these notifications must occur.

This guideline provides an overview of the reporting and notification requirements on agencies. It includes:

• what is to be included in an agency’s annual return
• the information that agencies should keep about voluntary PIDs and measures taken to promote a speak up culture, so as to be able to complete their annual return
• the information an agency should report to the Ombudsman about arrangements it enters into to have other agencies and entities undertake their functions under the PID Act
• the information an agency should report to the NSW Ombudsman about detrimental action offences and,
• when agency reporting and notifications should be made to the NSW Ombudsman.