8. Support for public officials in the PID Process

  1. PM&C is committed to taking steps to protect public officials who belong, or belonged, to PM&C from detriment, or threats of detriment, relating to disclosures made under the PID Act. This protection extends to disclosers, subjects and people involved as witnesses in PID investigations.

8.1 What is Detriment?

  1. Detriment includes any disadvantage that a person may experience, including:
    1. dismissal of an employee;
    2. injury of an employee in their employment;
    3. alteration of an employee's position to their detriment; or
    4. discrimination between an employee and other employees of the same employer.
    5. harassment or intimidation of a person;
    6. harm or injury to a person, including psychological harm;
    7. damage to a person’s property;
    8. damage to a person’s reputation;
    9. damage to a person’s business or financial position;
    10. any other damage to a person.
  2. Detriment will not include reasonable administrative action taken to protect a discloser from detriment.
  3. Disclosers should be aware that making a disclosure does not exclude them from reasonable management action related to unsatisfactory performance or inappropriate behaviour on their part.

8.2 Support

  1. PM&C will take reasonable steps to protect disclosers from detriment or threats of detriment relating to the disclosure. This may include:
    1. appointing a support person to assist the discloser, who is responsible for checking on the wellbeing of the discloser;
    2. advising the discloser about the availability of the Employee Assistance Program and PM&C's network of Harassment Contact Officers;
    3. if there are concerns about the health and wellbeing of the discloser, liaising with PM&C's work health and safety section; or
    4. transferring the discloser to a different area within the workplace or approving remote/teleworking (with the discloser's consent). This is only likely to be appropriate in cases of very major or extreme risk.
  2. PM&C will also take reasonable steps to support any employee who is the subject of a PID. This may include:
    1. advising the employee of their rights and obligations under the PID Act and these Procedures, including the employee's right to procedural fairness;
    2. advising the employee about the availability of the Employee Assistance Program and PM&C's network of Workplace Respect Officers;
    3. ensuring that the employee's identity is kept confidential as far as reasonably practicable;
    4. if there are concerns about the health and wellbeing of the employee, liaising with PM&C's Wellbeing Team in People Branch; 
    5. transferring the employee to a different area within the workplace or approving remote/teleworking (with their consent); or
    6. advising the employee that it is open to them to seek their own independent legal advice in relation to their rights and responsibilities under the PID Act.