Equal Opportunity Commission Fact Sheet - Public Interest Disclosure victimisation

Fact sheet
Under the Public Interest Disclosure (PID) Act 2003, it is unlawful to victimise a person who has made a Public Interest Disclosure.
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What is a valid PID?

The PID Act allows a person to make disclosures of improper or corrupt conduct by public authorities.

A PID must be made to a proper authority and nobody else. Disclosing public interest information to the wrong persons or organisation may result in the disclosure not being protected under the PID Act.

For example if it is about a police officer, the PID Act requires the disclosure be made either to the Commissioner of Police or the Corruption and Crime Commission (CCC). For a judicial officer, it must be made to the Chief Justice of the court where that judicial officer discharges their duties.

To find out who is the appropriate PID officer, go to the PID Contact Officer directory on the wa.gov.au website.

Where does the protection apply?

It is unlawful to victimise (seek reprisal or retaliation against) someone because they have made a PID and the protection applies to anyone who has made a valid PID.

Making a complaint

Under the PID Act, the WA Commissioner for Equal Opportunity can investigate complaints of PID victimisation, and a person who believes they have been victimised because they have made a valid PID can lodge a complaint with the WA Equal Opportunity Commission.

Complainants are obligated to show they were victimised because they made the PID.

The incident or incidents in the complaint must have occurred within the 12 months previous to the date the complaint was lodged.

In some circumstances the Commissioner may decide there is good reason, or good cause, to include incidents that occurred more than 12 months before the complaint is lodged.

For more information about PIDs see: www.wa.gov.au/ organisation/department-of-the-premier-and-cabinet/ public-interest-disclosures-western-australia

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