4.1 Who can you make your PID to?
The PID Act prescribes the bodies to which you are able to make your public interest disclosure (PID).
- IBAC is able to receive all public interest disclosures, except disclosures about:
- IBAC or an IBAC officer
- members of Parliament
- Victorian Inspectorate or a Victorian Inspectorate officer
- a Public Interest Monitor – the OSI or an OSI officer
- A public service body is able to receive all public interest disclosures made to it by its members, officers or employees, except disclosures about:
- members of Parliament
- If your disclosure is about IBAC or an IBAC officer, a Public Interest Monitor, the OSI or an OSI officer, you must make your disclosure to the VI.
- If your disclosure is about the VI or a VI officer, you must make your disclosure to the Integrity & Oversight Committee of Parliament or to a Presiding Officer (i.e. the Speaker of the Legislative Assembly or the President of the Legislative Council).
- If your disclosure is about a member of Parliament you must make your disclosure to a Presiding Officer.
- If the subject of your disclosure is not listed in Table A below, you may make your disclosure to:
- IBAC
- Victorian Ombudsman
- Victorian Inspectorate
- A public service body* (if you are a member, officer or employee of that public service body)
- A Council (if you are a member, officer or employee of that Council) If your disclosure is made to a person or entity that cannot receive your disclosure, your disclosure may not qualify to receive the protections provided under the PID Act.
Please note
Please see Table A below for more information on who you can make your disclosure to. Please see Table B below for the different organisations that are able to receive public interest disclosures and the relevant officers within those organisations to whom that public interest disclosure may be made.
Table A - Who can a public interest disclosure be made to?
| Subject of disclosure | Make disclosure to |
|---|---|
| Chief Commissioner of Police | IBAC Phone: 1300 735 135 Email: info@ibac.vic.gov.au www.ibac.vic.gov.au |
| Director of Public Prosecutions | |
| Chief Crown Prosecutor | |
| Solicitor General | |
| Governor | |
| Lieutenant Governor or Administrator | |
| Director, Police Integrity | |
| Electoral Commissioner | |
| Commissioner appointed under the Inquiries Act 2014 | |
| A member of a Board of Inquiry | |
| A judicial officer | |
| A jucidial employee | |
| A Ministerial officer | |
| A Parliamentary adviser | |
| An electorate officer | |
| A Parliamentary officer | |
| Minister of the Crown who is not a member of Parliament | |
| A member of Victoria Police personnel if the conduct arises from, or out of, the use of Nicola Maree Gobbo as a human source within the meaning of the Special Investigator Act 2021 | IBAC, Victoria Police or the OSI |
| A Councillor | IBAC or the Victorian Ombudsman |
| Information Commissioner | |
| Health Complaints Commissioner | |
| The Chief Examiner or an Examiner appointed under section 21 of the Major Crime (Investigative Powers) Act 2004 | IBAC or the Victorian Inspectorate |
| A Victorian Ombudsman officer | |
| A Victorian Auditor-General’s Office officer | |
| A Judicial Commission officer (other than a judicial member of the Board of the Judicial Commission) | |
| A member of police personnel (other than the Chief Commissioner) | IBAC or a prescribed member of police personnel |
| Member of Parliament (Legislative Council) | President of the Legislative Council |
| Member of Parliament (Legislative Assembly) | Speaker of the Legislative Assembly |
| IBAC | Victorian Inspectorate |
| An IBAC officer | |
| A Public Interest Monitor | |
| OSI | |
| OSI officer | |
| Victorian Inspectorate or a Victorian Inspectorate officer | Integrity and Oversight Committee, the Speaker of the Legislative Assembly or the President of the Legislative Council |
| Judicial officer or a member of VCAT who is not a judicial officer | IBAC or the Judicial Commission |
Table B - Organisations that can receive public interest disclosures
| Organisation | Officers who can receive disclosures |
|---|---|
| IBAC | Commissioner |
| Deputy Commissioner | |
| Chief Executive Officer | |
| IBAC officer | |
| Victorian Ombudsman | Victorian Ombudsman |
| Victorian Ombudsman officer | |
| Victorian Inspectorate | Inspector |
| Victorian Inspectorate officer | |
| Victoria Police | A member of Victoria Police personnel with a rank, including an acting rank, of sergeant or above |
| In the case of a disclosure made by a person who is a member of Victoria Police personnel – a direct or indirect manager or supervisor of that person | |
| The Office of the Special Investigator | The Special Investigator |
| An OSI officer identified as a person who may receive disclosures in the procedures established by the OSI under s 58 | |
|
Public service body Public service bodies can only receive disclosures that relate to the conduct of themselves, or disclosures made by their own members, officers or employees. Disclosures about public sector bodies can also be made to IBAC, or to the Victorian Ombudsman or the Victorian Inspectorate. |
Head of the relevant public service body |
| A person defined in the public service body’s procedures as a person who can receive a disclosure about that body, e.g. a Public Interest Disclosure Coordinator | |
| Manager or supervisor of the discloser | |
| Manager or supervisor of the person who is the subject of the disclosure | |
|
A Council All councils can receive disclosures that relate to the conduct of themselves, or disclosures made by their own members, officers or employees. Disclosures about councils can also be made to IBAC, or to the Victorian Ombudsman or the Victorian Inspectorate. |
Chief Executive Officer |
| A person identified in the council’s procedures as a person who can receive a disclosure about that council, e.g. Public Interest Disclosure Coordinator | |
| Manager or supervisor of the discloser | |
| Manager or supervisor of the person who is the subject of the disclosure | |
| Judicial Commission of Victoria | Director of the Judicial Commission of Victoria |
| Integrity and Oversight Committee (IOC) | A member of the Integrity and Oversight Committee |
4.2 Who can make a PID?
Any person or group of people can make a PID. They can be an employee of a public body, a contractor or tenderer, a client or a member of the public.
A company or business cannot make a PID, but its officers or employees can.
Please note
Only the person making the PID will receive the protections provided under the PID Act (even if making a disclosure as a representative of a company or trust).
4.3 How to make a PID
You may make your disclosure to a relevant entity either orally or in writing.
You may also make an anonymous disclosure.
Oral disclosures
Oral disclosures may be made in person, by phone or by leaving a voicemail message.
To reduce the possibility of reprisals being taken against you for making your disclosure, you may wish to make your disclosure in private.
Written disclosures
A written disclosure can be provided to the relevant organisation by:
- delivering it in person to the office of the organisation
- mailing it to the office of the organisation
- emailing it to the e-mail address of the office of the organisation, or to the official email address of a person nominated to receive a disclosure in the organisation’s procedures.
- completing an online form which the relevant organisation provides for making a disclosure to it.
Please note
A public interest disclosure cannot be made by fax.
Anonymous disclosures
A person may make an anonymous disclosure by using an anonymous and unverifiable email address, through anonymous phone calls, or in a face-to-face conversation or meeting.
4.4 How to make a PID to the VI
You may make a PID to the VI:
- in writing:
- by completing our online PID form
- by completing our PID form and emailing, posting or personally delivering it to our offices
- orally:
- by phone
- by voicemail
- in person at our offices
- anonymously
Contact details for making a PID to the VI
Victorian Inspectorate, PO Box 617 Collins Street West 8007
Email: info@vicinspectorate.vic.gov.au
Website: www.vicinspectorate.vic.gov.au
Phone: 1800 518 197
If you wish to make your disclosure to the VI in person or require assistance in making your PID to the VI, please contact us on 1800 518 197.
4.5 What to include in your PID
To assist the relevant agency to deal with your disclosure, where possible, it is helpful if you include the following information within your disclosure:
- a description of the alleged improper conduct or detrimental action
- details of the person or body you are complaining about and any witnesses to improper conduct or detrimental action that you are making a disclosure about
- information and copies of any documents which support your disclosure
- your contact details (unless you wish to make your disclosure anonymously), and
- any concerns that you have about reprisals for making your disclosure.
4.6 Help with making your PID
If you require assistance to make your PID, please contact the agency to whom you are making your PID.
If you are a public officer, you may also seek assistance from your Public Interest Disclosure Coordinator (PID Coordinator).
Victorian state government departments, administrative offices and local councils have a PID Coordinator who is responsible for receiving and handling reports of improper conduct from employees or members of the public, and ensuring that support and welfare protection is provided to them.
If you have difficulty speaking English, you may also seek help from the Translating and Interpreting Service (TIS) on 131 450.
4.7 External disclosures
In limited circumstances under the PID Act, a PID may also be made to a person or body who is not able to receive disclosures (e.g. a journalist).
Such disclosures are known as ‘external disclosures.
Where a PID was not made anonymously and has been determined to be a public interest complaint (PIC), a discloser may make an external disclosure if:
- the relevant assessing entity does not notify the discloser about any action taken in response to the original disclosure within six months and has not responded to a request for advice within 30 days, or
- the investigation of the original disclosure is not completed within 12 months, and the investigating entity has not responded to a request for advice within 30 days, or
- where the investigation of the original disclosure was not completed within 12 months, the discloser has received an update within 30 days of requesting it, but the discloser has then not received any further update advising that the investigation has been completed within a further six months of that response.
Some exemptions apply, for example, in relation to any information that may prejudice a criminal investigation or proceeding, or other legal proceeding, or information that is likely to lead to the disclosure of an investigative method.
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