What is a Public Interest Disclosure?
A public interest disclosure is a complaint or allegation made about corrupt conduct improper conduct or detrimental action.
- Corrupt conduct and/or
- any of the following conduct by a public officer or public body in their capacity as a public officer or public body:
- criminal offence
- serious professional misconduct
- dishonest performance of public functions
- intentional or reckless breach of public trust
- an intentional or reckless misuse of information
- an intentional or reckless misuse of information or material acquired in the course of the performance of public functions
- a substantial mismanagement of public resources
- a substantial risk to health or safety of a person
- a substantial risk to the environment
- conduct by a third party that adversely affects the honest performance of a public officer or public body or is intended to adversely affect effective performance of a public officer or public body while obtaining an advantage for the third party and/or
- conduct by a third party that could constitute a conspiracy or attempt to engage in any of the above.
- taking or offering bribes
- dishonestly using influence
- committing fraud theft or embezzlement
- misusing information or material acquired at work
- conspiring or attempting to engage in the above corrupt activity.
- improper or unlawful actions by public sector staff or agencies
- failure of public sector staff or agencies to act
- actions of private individuals who try to improperly influence public sector functions or decisions.
- Action causing injury loss or damage
- Intimidation or harassment
- Discrimination disadvantage or adverse treatment in relation to a person's employment careers profession trade or business including the taking of disciplinary action.
Who can be reported?
The law applies to all Victorian public bodies and public officers. This means all City employees volunteers and councillors can be reported.
Who can make a report?
Anyone with reasonable grounds for believing improper conduct or detrimental action has occurred can make a disclosure.
How am I protected?
The legislation protects you in three ways:
- It is a criminal offence for anyone investigating your disclosure to unnecessarily reveal any details including your identity.
- It is also a criminal offence for anyone to take detrimental action (see glossary) against you or anyone you know.
- You are immune from any civil or criminal liability that would otherwise apply for a breach of confidentiality.
Anyone who takes detrimental action may also be liable for damages if the matter results in civil proceedings.
You are protected as soon as you make a disclosure even if the matter is yet to be determined. While there’s no consequence if you report something that doesn’t qualify as a public interest disclosure penalties may apply if you deliberately make a malicious disclosure.
Once you have made a disclosure do not share the details with anyone except a lawyer interpreter or if you are under 18 your parent/guardian.
What happens after a report?
We will:
- promptly acknowledge the public interest disclosure
- make initial enquiries
- determine whether the complaint qualifies as a public interest disclosure.
If it does meet the criteria the matter will be referred to IBAC. If not you will be advised as soon as possible.
Who to contact
Submit a Public Interest Disclosure online
| Deliver | Post | Phone |
|---|---|---|
| Attention: Internal Ombudsman City of Greate Geelong Wurriki Nyal 137-149 Mercer Street Geelong VIC | Attention: Internal Ombudsman City of Greater Geelong PO Box 104 Geelong VIC 3220 Australia | Public Interest Disclosure Co-ordinator 1800 240 744 |
If your complaint relates to the CEO or a Councillor please contact:
Independent Broad-based Anti-corruption Commission (IBAC) GPO Box 24234 Melbourne VIC 3000
Phone: 1300 735 135 Fax: 03 8635 6444
Alternative contact person:
The Ombudsman Victoria Level 1 North Tower 459 Collins Street Melbourne VIC 3001
Phone: 03 9613 6222 Toll free: 1800 806 314 Fax: 03 9614 0246 Email: ombudvic@ombudsman.vic.gov.au