A current or former public servant may make a disclosure. These include: (b) The staff member shall occupy the position referred to in column 2 of the agenda item. In order to avoid any doubt as to whether the disclosure of his own conduct by the individual is a disclosure in the public interest, this does not affect his responsibility for the conduct. If you wish to create a PID, you must contact an authorized representative by emailing your disclosure to pid@accc.gov.au. An official may lodge a complaint with the Ombudsman if he considers that the Agency which received his internal disclosure has not dealt with it adequately. If the disclosure relates to the conduct of an intelligence service or intelligence officer, the disclosing party may file a complaint with IGIS. In most cases, disclosure should be entrusted to the organization to which the disclosure relates. The officer of each authority is required to establish procedures for dealing with disclosures. Dissenters do not have to identify themselves and may remain anonymous. Remaining anonymous means that the disclosing parties do not identify themselves at any time to anyone, including the authorized official receiving the disclosure. If the disclosure originates from an email address from which the identity of the individual cannot be determined and the disclosing party does not identify itself in the email, it will be treated as an anonymous disclosure.
It is a criminal offence to use or threaten reprisal against a person for disclosure in the public interest (including disclosure intended or suspected in the public interest). (a) the disclosure or use of identifying information is made for the purposes of this Act; (c) offences involving the disclosure of the identity of disclosing persons. A public interest disclosure can be an internal disclosure, a disclosure by a lawyer, an external disclosure or an emergency disclosure. If an individual makes a disclosure, except in these circumstances, he or she will not be protected from the consequences of violating the privacy or confidentiality requirements that apply to the disclosed information. (1) Nothing in this Act shall implicitly limit the powers of inquiry conferred on any public authority or official by any law of the Commonwealth other than this Act. This department defines the key terms official, agency, prescribed authority and chief official. (ii) the types of conduct to be disclosed to which such disclosures relate; In summary, the conduct to be disclosed is the conduct of a public authority, public official or government contractor who: An authorized official may consider that a person is able to make a disclosure if he or she has reason to believe that the person has information about the misconduct and proposes the disclosure. The disclosing party should therefore be prepared to provide additional information to the examiner, as this will often be necessary. The supervisor, with respect to a person making a disclosure, is a public official who supervises or manages the person making the disclosure. (c) failing that, — the agency identified in accordance with the IPR rules.
If the authorized official concludes that the disclosure does not comply with the legal requirements for internal disclosure, he or she must explain this to the disclosure and explain any other options he or she may have under Commonwealth law, such as a workplace complaint. (i) obtained by a person in his capacity as a public official; and the Public Interest Disclosure Act 2013 (PID Act) promotes integrity and accountability in the Commonwealth public sector. The IPR Act encourages employees, former employees and other persons mandated by the PID Act to disclose misconduct by public officials. The IPR Act protects those who make disclosures and obliges the authorities to take appropriate action. (4) For the avoidance of doubt, a bailiff or a member of a royal commission is not a public officer within the meaning of this Act.