Public interest disclosure - Information for principal executive officers

PEOs are the people in charge of public authorities, such as chief executive officer, chief employee, director general, vice chancellor or a board and committee chair.

Your duties as a PEO are outlined in s. 23 of the PID Act and are to:

• designate the occupant of a specified position with the authority as the person responsible for receiving public interest disclosures (PID Officer)
• provide protection for any of your employees who makes an appropriate disclosure of public interest information
• ensure your public authority complies with the PID Act and PID officers’ code of conduct and integrity
• prepare and publish internal procedures relating to your authority’s obligations under the PID Act, consistent with the guidelines published by the Public Sector Commissioner
• report annually to the Commissioner on:
  • the number of disclosures made to your authority under the PID Act
  • the outcome of any investigations conducted as a result of the disclosures
  • any action taken as a result of investigations.

As a PEO, you must ensure you have a least one PID officer to receive public interest disclosures. This person is referred to as a ‘proper authority’ in the PID Act.  In deciding who will undertake the PID officer role you should consider:

• the skills and knowledge required to undertake the role  
• the risk areas of your authority and whether any of those could be the subject of public interest information
• knowledge of the PID Act and other relevant legislation and policies
• seniority and standing
• experience in managing similar types of processes.

You may have more than one PID officer in your authority. The advantages of this include:

• reducing the chances of a conflict of interest
• making it easier to contact a PID officer, for example in a large authority or one with a number of separate locations
• having PID officers with a wider range of skills and knowledge, for example in HR, audit and investigations
• ensuring continuity during periods of leave or when staff changes occur.

If you have multiple PID officers, you may want to designate a principal PID officer who is responsible for supporting and advising other PID officers and coordinating reporting requirements.

PID officers don’t automatically get access to all public interest disclosures in your authority as the confidentiality requirements provided in s. 16 of the PID Act still apply.

You can use the PID officer declaration form to designate someone as your authority’s PID officer. The completed form can then be forwarded via email to PID Register so we can update our PID officer contact directory.

There is nothing in the PID Act that prevents you from being a PID officer, however you should consider whether your staff or members of the public would feel comfortable making a public interest disclosure to you as a PEO.

Every government board or committee that falls under the definition of a ‘public authority’ in the PID Act must have a PID officer.

If you are the PEO of a board or committee, you can designate the occupant of a specified position with the board or committee as the person responsible for receiving public interest disclosures (a PID officer).

Generally speaking, it remains open to the PEO of a board or committee to designate an occupant of a specified position who is not necessarily an employee of their board or committee, where the occupant of the position has a sufficient association with that board or committee.

This is despite the position holder not being an employee or an office holder (that is, board or committee member). For example, an officer employed by a portfolio department provides administrative (executive officer, registrar or secretarial) support to a board or committee within that portfolio. In this case, the officer might have sufficient association for the position to be characterised as being one with the board or committee.

A person can be the PID officer for two or more board or committees provided they have a sufficient association with each of them.

Boards and committees can seek legal advice to clarify the intersection of their enabling legislation and the PID Act.

You are not necessarily entitled to know about public interest disclosures received by the PID officer in your authority. This is why it is important the PID officers have the power, skills and experience to receive, assess and manage disclosures, investigate or cause an investigation and initiate the taking of action where appropriate.

To meet the requirements of section 9 of the PID Act, the PID officer may need to notify you that a disclosure has been made so that an investigation can be initiated and/or other appropriate action taken.

As there are confidentiality provisions in the PID Act, you may never know the discloser’s identity. Once an investigation has been completed, you may find out the subject’s identity through s. 16(3), if there is a requirement to take action under s. 9.

The PID officer may also need to provide you with general information about a disclosure so you are able to provide reasonable protection from detrimental action in the workplace. In this case, the PID officer would usually ask the discloser to consent to their identity being revealed to you.

If you become aware of a PID matter that may constitute minor or serious misconduct as defined in the CCM Act, you will need to notify either the Public Sector Commission or the Corruption and Crime Commission (CCC).

As PEO you may become aware of public interest disclosure matters that involve suspected misconduct if:

• you are also the PID officer (s. 23) who has received the disclosure
• you are consulted in your capacity as a PID officer (as well as being PEO) by another PID officer in your authority
• you become involved in a matter to enable it to be investigated under s. 8(1)
• you are advised of the matter so action can be taken under s. 9.

If you are made aware of a disclosure by a PID officer, the identity of the discloser and/or subject should only be revealed in accordance with s. 16.

As PEO you would not provide the identity of the discloser when notifying the Public Sector Commission or the CCC unless:

• the discloser is involved in the alleged misconduct
• the discloser consents to the disclosure of public interest information that might identify (or tend to identify) them
  [Note: PID officers may wish to discuss with the discloser their wishes regarding the release of their details to the CCC or PSC as part of any discussion with those seeking to lodge a public interest disclosure]
• it is necessary to facilitate an effective investigation
  [Note: This may come following notification, where the CCC effectively determines that the identity of the discloser is required for the investigation, with a separate notice issued under s. 94 of the CCM Act], in which case the PID officer managing the disclosure must take all reasonable steps to advise the discloser that an identifying disclosure is to be made (s. 16(2)) and the PID Act permits this to occur
• the disclosure is made in accordance with an order of a court or any other person or body having authority to hear, receive and examine evidence, which includes the CCC
• the identifying disclosure is made in accordance with s. 152 or s. 153 of the CCM Act. 

The protections in the PID Act (Part 3) are often the reason some people choose to make a public interest disclosure.

As PEO you are required to provide protection from detrimental action (or the threat of detrimental action) for any employee who makes an appropriate disclosure of public interest information (s. 23(1)(b)).

'Detrimental action’ (defined by s. 3) includes action causing, comprising, or involving:

• a reprisal
• injury, damage or loss
• intimidation or harassment
• adverse discrimination, disadvantage, or adverse treatment in relation to a person’s career, profession, employment, trade, or business.

Depending on the circumstances this protection may be facilitated through the PID officer instead of you directly.

Protections (contained in Part 3) may include ensuring an employee, as a result of making a public interest disclosure, is not:

• subject to disciplinary action
• dismissed
• having their services dispensed with or otherwise terminated
• threatened with action by your authority for breaching any duty of secrecy or confidentiality
• harassed or intimidated by another employee, for making or intending to make a public interest disclosure.

Disclosers have a number of avenues available to them if they believe detrimental action has occurred (or may occur) as a result of making a disclosure. These are covered in Part 3 and include applications for relocation (this only applies to certain employees identified in the PID Act), applying to the Supreme Court for an injunction, or seeking remedies for acts of victimisation through the Equal Opportunity Commission or a civil court.

You may take other action to protect an employee who has made a disclosure but it’s important to ensure the protection doesn’t inadvertently disadvantage them.

If you become aware of an incident that may be considered detrimental action, ensure your authority keeps a detailed record of the incident and the steps taken to prevent it. File this record appropriately on the public interest disclosure file and ensure it is detailed and accessible, in case your authority has to defend any action.

You can ensure your authority complies with the PID Act and the PID officer's code of conduct and integrity by:

• familiarising yourself with the PID Act, and your role
• designating an occupant of a specified position as the person responsible for receiving PID matters (PID officer)
• ensuring PID officer(s) are familiar with the requirements of the PID Act and code of conduct and integrity
• ensuring PID officer(s) attend any information sessions provided by the Commission
• ensuring front desk staff and employees working in mail centres and online services are aware of the possibility of 'discovering’ a public interest disclosure and the correct process to handle this situation
• organising secure systems for records related to public interest disclosures.

You are also responsible for addressing any issues of non-compliance with the PID Act or PID officer's code of conduct and integrity that may be raised with you.

Under s. 23(1) you must ensure your authority prepares and publishes internal procedures about how your public interest disclosures will be handled.

These internal procedures should explain how your authority will meet its PID Act obligations when managing disclosures and be consistent with the guidelines prepared by the Public Sector Commissioner (s. 23(2)).

The procedures will help your authority communicate how disclosures can be made and the rights and responsibilities of people involved in the process. You should review your authority’s internal procedures regularly to ensure they continue to meet your needs, particularly if there are any significant changes to your operating environment.

As part of the Public Sector Commissioner’s annual collection program, you will be asked to provide information on the number of public interest disclosures received by your authority, the results of any investigations conducted, and action if any is taken.

You will also be asked about your  authority’s compliance with the PID Act and PID officer's code of conduct and integrity.

Your responses will help you meet your obligations under s. 23 (1) (f) and also enable the Commissioner to monitor compliance and report to Parliament under s. 19 and s. 22. 

As PEO you may delegate this reporting responsibility to a PID officer in your authority.

To assist with maintaining information about the management of a public interest disclosure, your PID officer/s may choose to use the PID register template available on our public interest disclosure (PID) resources page.  This register needs to be kept in a secure location in your authority to ensure confidentiality is maintained in accordance with the PID Act.