7.1 How to make a PID about the VI or a VI officer
PIDs about the VI or VI officers must be made to the IOC of Parliament or to a Presiding Officer (i.e. the Speaker of the Legislative Assembly or the President of the Legislative Council).
The contact details for the above entities are listed below:
IOC
Parliament of Victoria Integrity & Oversight Committee
Parliament House, Spring Street, Melbourne, Victoria 3002 Australia
Phone: +61 3 8682 2815
E-mail: ioc@parliament.vic.gov.au
President of the Legislative Council
President of the Legislative Council
President’s Office
Parliament House, Spring Street, Melbourne, Victoria 3002 Australia
Phone: +61 3 9651 8675
E-mail: president@parliament.vic.gov.au
Speaker of the Legislative Assembly
Speaker of the Legislative Assembly
Speaker’s Office
Parliament House, Spring Street, Melbourne, Victoria 3002 Australia
Phone: +61 3 9651 8580 or +61 3 9651 8575
E-mail: speaker@parliament.vic.gov.au
Please note
The VI is unable to receive PIDs about itself or its officers, other than for ‘misdirected disclosures’, where the discloser mistakenly made their disclosure to the VI with the honest belief that the VI was the appropriate body to which to make their disclosure.
7.2 How PIDs about the VI or a VI officer will be handled
The IOC is responsible for assessing, handling and, where appropriate, managing the investigation of disclosures made about the VI or a VI officer.
As part of this responsibility, the IOC may receive disclosures about the VI or a VI officer, either directly or by notification, as required under section 21 of the PID Act.
Where the IOC receives a disclosure about the VI or a VI officer, the IOC is required to determine whether the disclosure is a PIC.
Under section 31A of the PID Act, the IOC must determine a disclosure about the VI or a VI officer to be a public interest complaint (PIC), where the IOC considers that:
- the disclosure shows or tends to show improper conduct, or detrimental action in reprisal for the making of a PID, or
- the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show improper conduct, or detrimental action in reprisal for the making of a PID.
In any other case, the IOC must determine that the disclosure is not a PIC.
If the IOC determines that the disclosure is a PIC, the IOC, as appropriate, will advise the discloser in writing of this determination and the action it will take, including that it is required to engage an independent person to investigate the disclosure.
If the IOC determines that the disclosure is not a PIC, the IOC, as appropriate, will advise the discloser in writing about its determination including advice that the disclosure will not be investigated as a PIC, meaning that the discloser’s identity is no longer required to be kept confidential.
The IOC may also advise the discloser that the matter which is the subject of the disclosure may be dealt with by another entity other than as a PIC and the discloser should make a complaint directly to that entity.
7.3 How the VI deals with a misdirected disclosure about the VI or a VI officer
Under the PID Act, the VI is unable to receive disclosures about itself or its officers, other than for those disclosures, known as misdirected disclosures, where the discloser honestly believed that the VI was the appropriate body to which to make their disclosure.
If a person tries to make an oral disclosure about the VI or a VI officer, our officers will advise the discloser to make their disclosure directly to the IOC.
If the VI receives a written disclosure about the VI or a VI officer, the VI will consider whether the disclosure is a misdirected disclosure, and if it is, the VI will consider whether it is required to notify the disclosure to the IOC under section 21 of the PID Act.
The VI’s PID Coordinator will have responsibility for handling misdirected disclosures about the VI or a VI officer.
Please note
If the VI receives a disclosure about the VI or a VI officer and that disclosure is not a misdirected disclosure, the disclosure will not receive the protections under Part 6 of the PID Act.
Notification of a misdirected disclosure to the IOC
The VI will notify a misdirected disclosure about the VI or a VI officer to the IOC for assessment under the PID Act, when the VI considers that the disclosure may be a disclosure that:
- shows or tends to show improper conduct, or detrimental action in reprisal for the making of a PID, or
- the person who made the disclosure believes on reasonable grounds that the disclosure shows or tends to show improper conduct, or detrimental action in reprisal for the making of a PID.
The VI is required to make this notification no later than 28 days after the disclosure was made.
Where the VI considers that it is not required to notify a disclosure about the VI or VI officer, the VI will consider dealing with the disclosure as a complaint under the Public Administration Act 2004.
Advice about the handling of misdirected disclosures about the VI or a VI officer
The VI will provide written advice to the discloser (as appropriate) about how their misdirected disclosure will be handled, including:
- advice confirming that the VI has received their disclosure
- advice about whether the disclosure is required to be notified to the IOC, and
- advice about dealing with the disclosure as a complaint.
7.4 How the VI will protect disclosers from detrimental action
The VI will not tolerate detrimental action in reprisal for PIDs made about the VI or a VI officer.
Where the VI receives a misdirected disclosure about the VI or a VI officer, or receives information relating to a PID about the VI or a VI officer, the VI will try to minimise the risks of VI officers taking detrimental action in reprisal for PIDs, by:
- securely storing information in relation to those PIDs
- keeping information about disclosures confidential, in accordance with relevant law and our internal policies
- identifying, assessing, controlling and monitoring risks of reprisals faced by disclosers and witnesses, and
- ensuring VI officers are aware of their obligations under the PID Act and the offences for taking detrimental action in reprisal for a PID.
A PID Coordinator will also act on any reports of detrimental action taken or proposed to be taken by the VI or a VI officer, including:
- recording the details of the alleged detrimental action
- informing the victim of the alleged detrimental action of their rights under the PID Act, including their right to make a PID about the detrimental action to the IOC or to a Presiding Officer and their right to request a transfer of employment if they believe on reasonable grounds that detrimental action has, is or will be taken against them, and
- where the alleged detrimental action is of a serious nature and is likely to constitute a criminal offence, advising the discloser to consider reporting the matter to Victoria Police.
7.5 How the VI supports the welfare of disclosers and others
The VI’s PID Coordinators are available to provide basic welfare support to VI officers that make a disclosure and to other VI officers who may cooperate with the investigation of a disclosure.
The support that the PID Coordinators are able to provide is subject to confidentiality requirements imposed by the PID Act.
This support may include:
- assessing, monitoring and managing the risks of detrimental action being taken against the discloser
- providing advice to the discloser about the operation of the PID Act and the handling of the disclosure
- assisting the discloser to seek support from various support services, including from a registered medical practitioner, an employee assistance program, a trade union or a Victorian WorkCover Authority
- assisting the discloser in seeking a transfer of employment or other work arrangements, where the discloser believes detrimental action has or will be taken against them, and
- as appropriate, appointing a welfare manager for the discloser and others involved in the investigation of a disclosure, where there is a real risk of detrimental action being taken against the person.
7.6 How the VI supports the subject of the disclosure
The VI recognises that VI officers against whom a disclosure is made must also be supported during the handling and investigation of disclosures, and will provide welfare support to those officers as the circumstances require and in accordance with the confidentiality requirements imposed by the PID Act.
Where a disclosure is dismissed or not substantiated, the VI will ensure that there are no adverse consequences for the subject of the disclosure. We will also take all reasonable steps to ensure that the allegations, the fact of the investigation, the outcome, and the identity of the subject remain confidential.
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