Public interest disclosure is a process that aims to encourage people who become aware of certain misconduct in the public sector to come forward, by protecting them from retribution, reprisal, or retaliation. It also ensures that their information is investigated appropriately.

In the ACT, public interest disclosures are governed by the Public Interest Disclosure Act 2012 (PID Act), which provides a formal framework for determining what matters qualify as public interest disclosures, how public sector entities are to investigate and address such disclosures, and the protections given to people who make disclosures.

The types of actions, policies, practices and procedures that are considered to be disclosable conduct, as defined in the PID Act, include:

Disclosable conduct is not:

In the ACT, public interest disclosures may relate to the disclosable conduct of a broad range of public sector entities and officials including MLAs, their staff, or the Office of the Legislative Assembly and its staff.

Who can make a public interest disclosure?

Anyone can make a public interest disclosure about ‘disclosable conduct’ (see s 14 of the PID Act).

What happens to public interest disclosures relating to the Assembly?

If a public interest disclosure relates to the Clerk of the Legislative Assembly, a staff member of the Office of the Legislative Assembly, an MLA (Member of the Legislative Assembly) or a staff member of an MLA, it must be referred to the  Integrity Commission. The Integrity Commission must assess the disclosure and decide if, on reasonable grounds, it is:

If the Commission is satisfied that these criteria apply, the report is taken to be a public interest disclosure and the Integrity Commissioner must investigate (see s 19(3) of the PID Act). There are requirements for the discloser to be kept informed about the investigation (see s 23 of the PID Act) and protected against reprisals for making the report.

The Public Interest Disclosure (Integrity Commission – Managing Disclosures and Conducting Investigations) Guidelines 2021 govern how disclosures are investigated.

Action must be taken

If a head of a public sector entity believes on reasonable grounds that disclosable conduct has occurred, is likely to have occurred or is likely to occur, necessary and reasonable action must be taken to:

Protections for disclosers

There are legal protections for anyone who makes a public interest disclosure. If you make a public interest disclosure, by law it cannot be claimed to be:

Making a public interest disclosure does not make someone liable to the risk of civil or criminal liability, and if the discloser is a public official, it does not create liability for administrative action (including disciplinary action of dismissal).

If a proceeding for defamation is brought because of a public interest disclosure, the discloser has a defence of absolute privilege for publishing the information.

It is also an offence to take detrimental action against someone who has made a public interest disclosure (the penalty is 100 penalty units or imprisonment for 1 year or both). Detrimental action means:

For more information about protections for disclosers, see s 35-42 of the PID Act.

Making a public interest disclosure

A report of disclosable conduct may be made:

Disclosures may be made anonymously and don’t need to refer to the PID Act.

Disclosures relating to staff of the Office of the Legislative Assembly, an MLA, or a staff member of an MLA, disclosures can be reported to the Clerk of the Legislative Assembly, the Auditor-General, the Ombudsman, the Integrity Commissioner, or a person nominated as a nominated ‘disclosure officer’ (see s 11 of the PID Act and below for the Assembly’s disclosure officers).

For more information

The ACT legislation register

The Public Interest Disclosure Act 2012 (‘PID Act’) provides the legal framework for determining what disclosures qualify as public interest disclosures (‘PID’) and the protections given to disclosers.

The Public Interest Disclosure (Integrity Commission – Managing Disclosures and Conducting Investigations) Guidelines 2021is a guide for public sector entities to assist them administer their obligations under the Public Interest Disclosure Act.

The Assembly’s disclosure officers

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