Public interest disclosure - Information for managers

Public interest information is information that indicates wrongdoing by public authority, public officer or public sector contractor performing a public function.

Public interest information relates to:

• improper conduct*
• an offence under State law
• substantial unauthorised or irregular use of public resources
• substantial mismanagement of public resources
• substantial and specific risk of injury to public health, prejudice to public safety or harm to the environment
• conduct relating to matters of State or local government administration affecting a person that is in the Ombudsman Western Australia’s remit.

*Generally, improper conduct is a breach of the standards of conduct that a reasonable person would expect of a person or body, knowing their duties, powers and authority in the circumstances of the case.

Public interest information is defined in the PID Act and if the matter relates to this you should encourage the person to contact a PID officer and make a disclosure.

A public interest disclosure is a report of public interest information made to a proper authority, which is a PID officer in the authority, or one of the authorities named in the PID Act.

Anyone can make a disclosure, including members of the public, government clients or stakeholders, and people who work for a public authority, as long as they believe, on reasonable grounds, their information is (or may be) true. Making a deliberately false or misleading disclosure carries significant penalties under the PID Act.

A disclosure can be made anonymously. However, this may make it difficult to investigate, for example if the investigator wishes to contact the discloser to obtain more information or clarify something raised.

The following questions may help you determine whether a matter is likely to be a disclosure under the PID Act.

1. Does the matter concern:

• improper conduct
• an offence under state law
• substantial unauthorised or irregular use of public resources
• substantial mismanagement of public resources
• substantial and specific risk to public health or safety or harm to the environment
• a matter of administration that can be investigated by the Ombudsman of Western Australia?

Yes. And:

2. Has the matter been raised to address a personal grievance and is the person seeking individual redress?

No. And:

3. Does the concern principally involve dissatisfaction with a product or service or questions the merits of government policy?

No. And:

4. Is the person raising the concern worried about their identity being revealed and/or detrimental action being taken against them for raising the concern?

Yes.

It is likely this may be a public interest disclosure.

Refer the person raising the concern to a PID officer in your authority for information and advice.

A disclosure under the PID Act is not always the best or most appropriate reporting pathway to use.

A disclosure is more than a general complaint or dissatisfaction with a product, service or decision by government. It is also more than a personal grievance that can be resolved by agreement between parties. There may be other reporting pathways available if a person is looking for an apology, refund or the review of a decision.

Once a disclosure has been made it cannot be withdrawn. A disclosure will be assessed to determine if the PID Act applies.

We should all speak up about wrongdoing in public authorities.

By making a disclosure under the PID Act a discloser could help stop or prevent:

• wrongdoing
• others being disadvantaged or advantaged by wrongdoing
• misuse of government funds or other resources
• danger to the health and safety of the community
• damage to the environment.

A disclosure could alert a public authority about a bigger problem and lead to better work practices and service to the community.

A disclosure needs to be made to a PID officer or one of the authorities named in the PID Act. These are known as ‘proper authorities’.

A proper authority has the power and functions to take a disclosure forward and each authority has at least one specified PID officer.

If the matter is about a particular public authority, its staff or contractors, the person should find a PID officer in that authority.

Depending on the type of public interest information they have, they may be able to make the disclosure to one of the other authorities named in the PID Act. These 'named authorities' include the Public Sector Commission, Corruption and Crime Commission, Office of the Auditor General, Ombudsman WA and WA Police.

There are some useful tips to consider if you know someone who is thinking about making a public interest disclosure.

Encourage the person to seek advice from the PID Officer in the relevant public authority and read Public interest disclosure – information for disclosers first. They can also telephone the Commission’s Integrity Advisory Service on 6552 8888 for a general discussion about the PID Act.

Be careful about how much you let the person tell you – to be protected under the PID Act they must make their disclosure to a PID officer.

Remind the person to be discreet by keeping their intentions to make a disclosure to themselves. Encourage them to provide the information discreetly and not let anyone know they are going to make, or have made, a disclosure otherwise the protections in the PID Act will be difficult to apply.

Maintain confidentiality and be impartial. If you suspect, for any reason, a person has made an appropriate disclosure you must keep it confidential. You must not reveal any information that may identify (or tend to identify) the person who made the disclosure or the subject of the disclosure, unless authorised under the PID Act otherwise penalties may apply.

Know your authority’s processes and raise the awareness among your staff. Raise awareness with your staff about the benefits of reporting wrongdoing and the different internal reporting policies and pathways available. You need to be familiar with the disclosure process and the correct person in the authority who can deal with the matters your staff may raise.

Respond appropriately. If a person raises a concern, you have a responsibility to:

• take the person seriously and treat them respectfully
• support the person through the process
• not dismiss information from a disgruntled staff member who may be perceived as a troublemaker without considering the nature of their information
• offer guidance on the appropriate officer in your authority who can deal with their concern.

Assist the investigation process where you can by providing any information requested.

Model expected behaviour because as managers, we lead by example. Be clear about the types of conduct that are unacceptable in your authority and in your team. Encourage staff to raise issues with you by being visible and approachable as well as communicating openly.

Assist your Principal Executive Officer (PEO).  

Under the PID Act, PEOs need to protect staff who make public interest disclosures from detrimental action or the threat of detrimental action.

You can assist by:

• trying to stop gossip, suggestions and discussion by staff who find out something is going on
• making sure the workplace continues to be a safe environment, free of harassment and reprisals.

If you suspect detrimental action is occurring, inform your authority’s PID officer.

As a manager you may want to sort out issues in your workplace yourself. However, it’s important to allow the process to be completed before you do. The PID officer will usually contact you about any issues that you need to sort out.

Value the experience. Public interest disclosures often contain useful information that can improve your authority. It is important that after a disclosure process is completed, you implement any changes that are required.

Decide if your work area needs education and training about public interest disclosures. For further information, speak to your authority’s PID officer.