The Public Interest Disclosure Act 2013 (PID Act) promotes accountability and integrity in the Commonwealth public sector by creating a framework which:
- encourages the disclosure of information by public officials about suspected wrongdoings within the Commonwealth public sector;
- protects public officials who make disclosures from adverse consequences relating to the disclosure; and
- ensures that disclosures by public officials are properly investigated and dealt with by Commonwealth agencies.
What is a public interest disclosure
A public interest disclosure (PID) is a report (disclosure), made by a public official, of a suspected wrongdoing (disclosable conduct) in the Commonwealth public sector.
Public officials include but are not limited to, current and former:
- Commonwealth public servants
- Service providers under a Commonwealth contract.
What is disclosable conduct
Disclosable conduct, which may be the subject of a PID, includes but is not limited to, conduct that:
- contravenes a law of the Commonwealth, a State or a Territory
- involves corruption
- perverts the course of justice
- results in wastage of public funds or property
- is an abuse of public trust
- unreasonably results in a danger to health and safety or the environment
- falsifies scientific research
- constitutes maladministration
- is an abuse of a public official’s position
- if proved, could give reasonable grounds for termination of the public official.
What is not disclosable conduct:
- Personal work-related conduct (i.e. conduct that relates to interpersonal conflict such as bullying and harassment, or conduct relating to the terms and conditions of engagement and disciplinary action), unless it is a reprisal action or relates to systemic wrongdoing.
- Disagreements with government policy, action or expenditure.
- Conduct in connection with Courts or Commonwealth tribunals.
- The actions of parliamentarians.
- The proper activities of intelligence agencies.
Who can make a PID
The following people can make a public interest disclosure:
- a person who is a current or former 'public official' can make a PID, including:
- all current and former Australian Public Service employees, members of the Defence Force, Australian Federal Police appointees, Parliamentary Service employees, directors or staff members of a Commonwealth company, statutory office holders or other persons who exercise powers under a Commonwealth law
- contracted service providers and their employees.
Information to include in your disclosure
Depending on your circumstances, you should consider providing as many of the following details as possible in your disclosure to help us determine how to proceed:
- your name and contact details (recommended)
- the nature of the wrongdoing
- who you think committed the wrongdoing
- when and where the wrongdoing occurred
- relevant events surrounding the issue
- if you did anything in response to the wrongdoing
- others who know about the wrongdoing and have allowed it to continue
- whether you believe your information is a public interest disclosure under the PID Act (you do not have to state that your information is a public interest disclosure for it to be considered as such, but it will assist if you do)
- if you are concerned about possible reprisal as a result of making your disclosure
- the names (and contact details, wherever possible) of any people who may have witnessed the conduct, who may be able to verify what you are saying, or who were involved in the wrongdoing.
We recommend that you be clear and factual. Avoid speculation, personal attacks and emotive language as they divert attention from real issues. If you have any supporting information, such as correspondence, documents, files, notes or a diary of events, you should provide these to the Authorised Officer.
You should not investigate a matter yourself before making the disclosure. This may hinder any future investigation. You should also not discuss your disclosure with anyone. This will compromise your confidentiality and may increase your risk of reprisal.
Managing disclosures
The PID Act focuses on the reporting and investigating of wrongdoing within government. It covers internal, external and emergency disclosures and disclosures to legal practitioners.
Pursuant to subsection 59(1) of the PID Act, to assist in managing any occurrences in the AOFM that fall within the definition of public interest disclosures, the CEO established the Public Interest Disclosures procedures.
These procedures relate only to internal disclosures, that is, disclosures to authorised internal recipients of disclosures or supervisors or managers of disclosers.
Avenues to disclose
To gain the protections available under the PID Act disclosures must be made to an appropriate person. AOFM’s authorised officers under the PID Act are:
- CEO
- Chief Risk and Assurance Officer
You can email disclosures and enquiries to AOFM’s authorised officers at PIDrequests@aofm.gov.au
Alternatively, you can send your public interest disclosure to:
Chief Risk and Assurance Officer
Australian Office of Financial Management
Level 3, Treasury Building
Newlands Street
Parkes ACT 2600
Remaining Anonymous
You can choose to make an anonymous disclosure however identifying yourself enables us to provide you with the protection, support and updates you are entitled to receive. Providing your details also allow investigators to contact you to clarify details of your disclosure or ask for any new information.
Protection for disclosers
You cannot be subject to any civil, criminal or administrative liability (including disciplinary action) for making a disclosure in accordance with the PID Act. No contract to which you are a party can be terminated on the basis that your disclosure is a breach of contract.
The PID Act protects you against reprisal. Under the PID Act it is an offence for any person to cause you any detriment because they suspect or believe you made or will make a public interest disclosure. Detriment includes any disadvantage to you, including:
- dismissal
- injury
- discrimination or
- alteration of your position to your disadvantage.
The PID Act does not protect against reprisal if the conduct caused is reasonable administrative action.
You remain liable for your conduct. By making a disclosure, you do not gain immunity from investigation of your own role in any wrongdoing.
The PID Act also protects your identity. It is an offence for someone to disclose your identifying information without your consent. The AOFM may share information with another agency if the AOFM considers the information or document is relevant to that agency’s functions.
Additional information
The Commonwealth Ombudsman is responsible for administering the PID scheme across all Commonwealth agencies. Additional information is available at:
