C3 Public interest disclosure
The Public Interest Disclosure Act 2012 (the Act) was passed by the Legislative Assembly in August 2012 and replaces the Public Interest Disclosure Act 1994. The Act came into effect on 1 February 2013. It improves on the previous legislation by broadening and clarifying the types of wrongdoing that fall within the definition of disclosable conduct; establishes a clear reporting pathway for the receipt and handling of disclosures; and provides specific circumstances under which a disclosure can be made to a third party.
Disclosable conduct includes any activity by an individual or an ACT Public Sector entity that:
- is illegal
- misuses or wastes public money or resources
- is misconduct
- is maladministration
- presents a danger to the health or safety of the public
- presents a danger to the environment.
The Commissioner for Public Administration has made Guidelines about the way in which the ACT Public Service and other public entities covered by the Act should handle public interest disclosures (PIDs). The Guidelines were notified on 6 June 2013 and are divided into two parts:
- Part One is relevant to all readers. It looks at who and what is covered and provides general information about making a disclosure and the PID framework established by the Act.
- Part Two is about the coordination and handling of disclosures and PIDs. It has been written with an internal focus and aims to assist those with responsibility for managing disclosures and PIDs.
Under the Act, these Guidelines serve as a foundation for all ACT public sector entities which must develop their own internal procedures relating to the handling of PIDs. The Directorate is currently developing these procedures.
No disclosures were received in the 2012-13 reporting period.
For more information contact:
Director
Information, Communications and Governance
(02) 6205 9328