MyLeave Public Interest Disclosure Policy

Scope

This policy applies to all employees, Board Members and contractors making a PID to MyLeave relating to a matter of public interest information.

Key Principles MyLeave:

• Strongly supports PIDs being made by employees, Board members, contractors and members of the community regarding public interest information or other improper conduct.
• Requires PIDs to be lodged with a duly authorised Public Interest Disclosure Officer (PID Officer).
• Does not tolerate any of its employees, Board members or contractors taking reprisal action against anyone who makes or proposes to make a PID and will respond accordingly.
• Is committed to responding to a PID thoroughly and impartially and will treat all people in the disclosure process fairly.
• Expects all persons directly involved in a PID process to maintain confidentiality, particularly regarding the identity of the discloser and the subject of the disclosure.
• Maintains procedures relating to PIDs in accordance with the PID Act and the Public Sector Commission Guidelines.

Contractor

Is a person who contracts with MyLeave or the State to supply goods or services to MyLeave or the State; or to perform a public function.

Discloser

A person who makes a public interest disclosure. A discloser may be anonymous.

Public Interest Disclosure (PID)

A PID is made when a person discloses public interest information to MyLeave that tends to show past, present or proposed future improper conduct of a MyLeave employee, Board member or contractor in the exercise of a public function.

Public Interest Information

Public interest information is information that tends to show that, in relation to its performance of a public function, a public authority, a public officer, or a public service contractor is, has been or proposes to be, involved in:

• improper conduct; or
• an act or omission that constitutes an offence under a written law; or
• substantial unauthorised or irregular use of, or substantial mismanagement of, public resources; or
• an act done or omission that involves a substantial and specific risk of injury to public health, prejudice to public safety, or harm to the environment; or
• a matter of administration that can be investigated by the WA Ombudsman under Section 14 of the Parliamentary Commission Act 1971.

Public Interest Disclosure Officer (PID Officer)

A person authorised under Section 23(1)(a) of the PID Act as a proper authority for disclosure of public interest information relating to a matter falling within the sphere of responsibility of MyLeave.

Investigating Officer

A PID Officer, or their nominee, conducting an investigation of public interest information within the terms of reference given.

Environment

Has the same meaning as in the Environmental Protection Act 1986.

Discloser

A person who makes an appropriate PID; and maintains confidentiality of the information, and, in particular the identity of the person(s) to whom the information relates.

PID Officer

A MyLeave officer authorised to receive a PID who:

• Considers whether an investigation is required.
• Carries out or causes to be carried out any investigation.
• Maintains confidentiality of the identity of the discloser and person(s) subject to the disclosure, in accordance with the requirements of the PID Act. 
• Takes action following an investigation, where appropriate.
• Provides appropriate reports of investigations and action taken to the discloser.
• Creates and maintains proper records in relation to the disclosure.
• Acts in accordance with the rules of natural justice and procedural fairness.

Investigating Officer

A PID Officer, or their nominee, who:

• May conduct investigations of public interest information on behalf of MyLeave, within the terms of reference given.
• Maintains confidentiality of the identity of the discloser and person(s) subject to the disclosure, in accordance with the requirements of the PID Act.
• Takes action following an investigation, where appropriate, and provides appropriate reports of investigation and action to the discloser.
• Creates and maintains proper records in relation to the disclosure.
• Acts in accordance with the rules of natural justice or procedural fairness.

• Corruption, Crime and Misconduct Act 2003 (opens new window tab)
• Environmental Protection Act 1986 (opens new window tab)
• Parliamentary Commissioner Act 1974 (opens new window tab)
• Public Interest Disclosure Regulations 2003 (opens new window tab)
• Public Sector Management Act 1994 (opens new window tab)