4. How to make a public interest disclosure

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.

Table A - Who can a public interest disclosure be made to?

Table B - Organisations that can receive public interest disclosures

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.

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.

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

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.