Procedures

Public Interest Disclosures Procedures

Last updated: 29/09/2023
Implementation date: 29/11/2005
Reference number: PD-2002-0019-V07.0.0
Publicly available: Yes
Policy cluster: People

Public Interest Disclosures

Describes a system for disclosing suspected corruption, maladministration, serious and substantial waste, privacy breaches and government information contraventions.

Changes since previous update

Changes since previous version

2023 Sep 29 - updated policy statement and policy procedure. Rewritten to align with the introduction of the Public Interest Disclosures Act 2022 . Increases the number of responsible employees and expands employee and department responsibilities.

Document history

2022 Nov 1 - updated contact details and position titles in the policy statement and implementation document. Also updated both to align with the legislation and process within Professional and Ethical Standards, and clarified relevant responsibilities.

2021 Jun 17 - maintenance update - updated contact details in policy statement.

2020 Jul 07 - maintenance update to implementation document, Public Interest Disclosures Management Guidelines - updated contact details.

2018 Aug 28 - updated contact details and minor typographical changes.

Updates made to address Education no longer being clustered with Communities and TAFE NSW no longer being part of the department.

Amendments to reflect legislative changes. Updated position titles. Restructure of information.

Superseded documents

PD/2002/0019/V05 - Protected Disclosures - Internal Reporting Policy.

Policy statement
1. The department's Code of Conduct requires employees to report all wrongdoing they become aware of.
2. This policy establishes the commitment and framework to support and protect staff who report serious wrongdoing.
3. Under the Public Interest Disclosures Act 2022 (PID Act) there are three types of public interest disclosures (PIDs), voluntary, mandatory and witness. A voluntary public interest disclosure is an allegation of serious wrongdoing made voluntarily by a public official. Serious wrongdoing includes corruption, maladministration, serious and substantial waste, privacy breaches and government information contraventions.
Audience and applicability
1. All employees.
Context
1. This policy and the Public Interest Disclosures Procedures set out how the department meets it obligations under the PID Act.
2. Organisational commitment:
  1. The department is committed to creating and sustaining a positive and ethical climate with accountable behaviour. This comes from leadership that encourages and strongly supports the disclosure of corrupt conduct, maladministration, serious and substantial waste, privacy breaches and government information contraventions. Staff should be able to report suspected wrongdoing with confidence that their disclosure will be appropriately managed and they will be supported and protected in doing so.
    The principle of procedural fairness applies to all investigations of matters the subject of PIDs. The department is committed to treating the disclosure appropriately and making the process fair for both the reporter and the subject of their report. The department commits to
    - promoting a speak up culture where reports of alleged serious wrongdoing are encouraged
    - providing the resources necessary for those responsible for managing public interest disclosures, including awareness and training
    - responding to disclosures thoroughly and impartially
    - ensuring that public interest disclosures, including those made anonymously, are properly assessed and appropriately dealt with
    - providing the reporter with a copy of the department's Public Interest Disclosures Procedures following their report
    - keeping the identity of the reporters of wrongdoing confidential, wherever possible and appropriate
    - protecting the wellbeing and career interests of all persons involved in an investigation into serious wrongdoing
    - managing the risk of detriment and protecting the reporter from detrimental action
    - taking appropriate corrective action, where appropriate
    - keeping the reporter informed of the progress and outcome of the investigation relating to their report
    - appropriately dealing with anyone who takes detrimental action against a reporter.
3. Procedures for managing public interest disclosures:
  1. The Public Interest Disclosures Procedures set out the procedures to implement this policy and identify the roles and responsibilities of all department staff in making and/or receiving public interest disclosures. These guidelines are based on the paramount consideration that any staff member reporting wrongdoing will be supported and protected from reprisal in doing so.
4. Options available to make a public interest disclosure:
  1. Employees can make a voluntary PID in writing or orally.
  2. PIDs must be made to certain employees in the department, including managers or a department disclosure officer. The most senior person in each workplace will be a disclosure officer, however, many workplaces may have multiple disclosure officers. To facilitate disclosures, employees can also report allegations of serious wrongdoing to PES, to any public service agency, or an integrity agency.
5. Protection against reprisals:
  1. The department will not tolerate an employee taking detrimental action.
  2. Detrimental action is an act or omission that causes, comprises, involves or encourages detriment to a person, or a threat of detriment to a person. Detrimental action can be express or implied. It happens when a person (generally an employee) suspects, believes or is aware that another person has either:
    - made, may have made, may make or proposes to make a PID
    - is, has been or may be investigating, or proposes to investigate a PID, whether or not the investigation relates to or arises from the making of a voluntary public interest disclosure or constitutes dealing with a voluntary public interest disclosure
      
      The suspicion, belief or awareness must be a contributing factor to the taking of the action.
  3. Under the PID Act, taking detrimental action is a criminal offence. It may also result in an employee or the department being liable for compensation.
  4. Detrimental action is also misconduct that justifies disciplinary action.
Responsibilities and delegations
1. Employees:
  1. report suspected serious wrongdoing, or other misconduct
  2. assist investigations into serious wrongdoing if asked to do so
  3. support those who have made reports of wrongdoing
  4. protect and maintain the confidentiality of those who report wrongdoing.
2. Managers
  1. receive reports of serious wrongdoing from employees they supervise, directly or indirectly
  2. act expediently and impartially in relation to any disclosure made to them, including recording the disclosure and reporting it to a disclosure officer, or accompanying the public official to make their report to a disclosure officer.
3. Disclosure officers (including principals):
  1. receive reports of serious wrongdoing from public officials or managers
  2. act expediently and impartially in relation to any disclosure made to them, including recording this disclosure and reporting it to PES within 24 hours
  3. assess the risk to the reporter as a result of their report
  4. in consultation with PES, take action to mitigate any identified risks.
4. Professional and Ethical Standards (including the disclosure manager and disclosure coordinators)
  1. receive and assess reports of serious wrongdoing from public officials, managers and disclosure officers
  2. assess the risk of reprisal against the reporter as a result of their report
  3. take action to reduce and identified risks
  4. respond to reports of serious wrongdoing, including where appropriate by investigating and taking corrective action
  5. implement and manage the department's PID scheme
  6. deliver training, support and guidance to all staff on how to make and respond to a PID, including the Secretary, disclosure officers and managers.
  7. act expediently and impartially in relation to any disclosure made to them, including recording this disclosure and reporting it to PES within 24 hours
  8. assess the risk to the reporter as a result of their report
  9. in consultation with PES, take action to mitigate any identified risks.
5. The Secretary
  1. foster a workplace culture where reporting is encouraged
  2. receive reports of wrongdoing from public officials
  3. ensure department compliance with the PID Act and these procedures.
Monitoring and review
1. The Executive Director, Professional and Ethical Standards monitors the implementation of the policy, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.
Contact
Director Investigations, Professional and Ethical Standards
pes@det.nsw.edu.au
02 7814 3722