What is a public interest disclosure?

Welcome to the public interest disclosure section of Murdoch University’s website! Public interest disclosure includes the concept colloquially referred to as ‘whistle-blowing’.

The regime introduced by the Public Interest Disclosure Act (“PID Act”) on 1 July 2003 provides a new solid foundation for increasing public confidence in the University’s operations by facilitating the disclosure of information that serves the public interest.

The PID Act is supported by a clear Government policy – to eliminate improper and unlawful conduct, substantial mismanagement of public resources and substantial risks to the environment, public health and safety. This is not controversial, but it will only work if people feel confident to make disclosures. The PID Act provides the setting for this to happen. There is protection for those who identify wrongdoing, as well as for those who are the subject of allegations.

The management of public interest disclosures will build on the University’s existing complaint and grievance avenues and structures. It is vital that there is an acceptance of, and support to, those who are willing, and often show courage, to make public disclosures. Public interest disclosures are a useful management tool to assist the University to identify problems and to make necessary changes and efficiencies.

The rights and obligations under the PID Act are clear, especially in regard to protection, confidentiality and victimisation. People who make a public interest disclosure now have comprehensive protection from victimisation because they have raised their concerns. Any person disclosing relevant information should be assured that this is the case and full support will be given.

The University is committed to the aims and objectives of the PID Act. It recognises the value and importance of contributions of staff to enhance administrative and management practices and strongly supports disclosures being made by staff regarding corrupt or other improper conduct.

A copy of the University’s Public Interest Disclosure Policy, together with the related internal guidelines, is available by clicking on the respective links below:

What do I need to know before making a disclosure?

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Irregular or unauthorised use of public resources

Substantial unauthorised or irregular use of, or substantial mismanagement of, public resources 

Conduct involving a substantial and specific risk of injury to public health, prejudice to public safety or harm to the environment

If your information falls outside the above areas then you may still be able to make a complaint, but this will not be a public interest disclosure under the PID Act.

Before making a disclosure it is important that you are aware of the rights and responsibilities imposed on informants and others under the PID Act. Three issues are worth highlighting:

• it is an offence to make a disclosure if you know, or are reckless about, it being false and misleading;

• with some exceptions, the public authority will investigate your information and in doing so you will be expected to cooperate; and

• you will have to keep your information confidential – or else you may lose protection under the PID Act and may commit an offence under the PID Act.

The PID Act confers protection only where a disclosure is made to an appropriate proper authority. The identity of the appropriate proper authority will vary according to the kind of information to be disclosed.

Murdoch University’s Public Interest Disclosure Officer is the University’s General Counsel & University Secretary, the contact details for whom appear below:

The University’s PID Officer is responsible for receiving disclosures of public interest information relating to matters falling within the sphere of responsibility of Murdoch University.

Important note:

In addition, the information disclosed must be public interest information as defined in the PID Act.

Not all proper authorities to which a disclosure may be made will be required, or have the power, to investigate the information disclosed. In some cases it may be necessary for the informant or information to be referred to another proper authority with power to investigate the information.

whether you have reasonable grounds to believe the information you are thinking of disclosing is or may be true;

if the information is something that you think is important to be disclosed because it is in the public interest. The information should not be tied to any personal agenda;

if you have sought proper advice; and

if you fully understand your responsibilities under the PID Act if you make a disclosure.

the matter to be trivial;

the disclosure to be vexatious or frivolous;

there is no reasonable prospect of obtaining sufficient evidence, due to the lapse of time;

the matter is being, or has already been, adequately or properly investigated by a proper authority under the Act; or

the information does not relate to the University, an officer or contractor of the University or a matter that the University has the function or power to investigate.

Will I be kept informed?

Yes – the University must inform you within 3 months of making the disclosure of what it intends to do about your disclosure.

Where the information is under investigation you will be able to request a progress report.

You are also entitled to a report on the outcome and any action taken when the investigation is complete.

As the disclosure is about a public interest matter rather than a specific complaint, the PID Act requires confidentiality to be maintained on:

There are exceptions to these rules and anyone thinking of making a disclosure should seek advice from the Office of the Public Sector Standards Commissioner on these prior to making a disclosure.

A person making a disclosure is provided with protection under the PID Act for:

A person alleging victimisation as a result of a disclosure can complain to the Equal Opportunity Commission, or may be able to take civil action. (The Equal Opportunity Commission is located at Level 2, Westralia Square, 141 St George’s Terrace, Perth. Telephone (08) 9216-3900 or visit the website.

After making a disclosure you will not normally be required to do anything else, other than cooperate with an investigation. If you are unhappy with the University’s response to your disclosure, there is no right of appeal under the PID Act to challenge the University’s actions. You may, however, be able to make another disclosure to a different proper authority.

Murdoch University will take all reasonable steps to provide protection to staff who make public interest disclosures from any detrimental action in reprisal for the making of a disclosure.

The University does not tolerate any of its officers, employees or contractors engaging in acts of victimisation or reprisal against those who make public interest disclosures. These acts should be reported immediately to the Public Interest Disclosure Officer or the Vice Chancellor.

When a public authority deals with a relevant disclosure it is referred to in the PID Act as a proper authority. There are some public authorities that are named as proper authorities in the PID Act that may be able to offer you assistance. These are listed below.

The Corruption & Crime Commission will be able to provide advice on corruption

(08) 9213-4300

Website:

www.ccc.wa.gov.au

The Ombudsman will be able to provide advice on matters of administration

(08) 9220-7555

Website:

www.ombudsman.wa.gov.au

The Office of the Auditor General will be able to provide advice on proper use and management of public resources and more generally public authorities’ accountability and performance requirements

(08) 9222-7500

Website:

www.audit.wa.gov.au

The Police Service will be able to provide advice on offences under a State law

(08) 9222-1111

Website:

www.police.wa.gov.au

The Office of the Public Sector Standards Commissioner will be able to provide assistance to public authorities and public officers to comply with the Code of Conduct and Integrity, and with the Act

(08) 9260-6600

Website:

www.opssc.wa.gov.au

If you are ever in any doubt, or have any questions in relation to this topic, please contact Jeremy Rigg, the University's General Counsel & University Secretary on: