Appendix 2 - Rights, protections and responsibilities of disclosers

Rights and protections

A discloser has right to the protections set out in the PID Act, including:

  • protection from the unauthorised disclosure of their identity;
  • protection from reprisal;
  • protection from civil, criminal and administration liability for making a public interest disclosure (noting that the making of a disclosure does not protect the discloser from the consequences of their own wrongdoing, including where they have been involved in the misconduct that they are reporting).

The Authorised Officer and Principal Officer will take reasonable steps to protect the discloser against reprisal.

The taking of reprisal action against a discloser is an offence under the PID Act and can lead to imprisonment or the imposition of penalties.

If a discloser believes they are suffering or have been threatened with reprisal, they may apply to Court for an injunction, or for compensation for loss, damage or injury suffered from a reprisal.   
During the PID Act process, a discloser will be:

  • advised of the following:
    • any decision that a disclosure is not a disclosure within the meaning of the PID Act;
    • the allocation of their disclosure;
    • the decision of the department to investigate their disclosure;
    • the estimated duration of the investigation into their disclosure;
    • if the department decides not to investigate their disclosure, the reasons for that decision and any action that may be available to the discloser under other Commonwealth laws;
    • if an investigation is conducted under the PID Act and an extension of time is granted by the Ombudsman, the progress of the investigation; and
    • the outcome of the investigation (including provision of a copy of the investigation report except to the extent that it would be exempt for the purposes of Part IV of the Freedom of Information Act 1982, would require a national security or other protective security clearance, contains intelligence information or contravenes a designated publication restriction as defined in the PID Act).
  • given support in accordance with paragraph 86 of the procedures.
  • able to seek assistance from the Ombudsman in relation to the operation of the PID Act.

Responsibilities 

A discloser must:

  • have regard to the Department's advice with respect to the making of disclosures;
  • comply with the PID Act requirements and the procedures set out in this document when making a PID;
  • use their best endeavours to assist the Principal Officer of an agency in the conduct of an investigation;
  • use their best endeavours to assist the Ombudsman in the performance of the Ombudsman's functions under the PID Act.
  • use their best endeavours to assist the IGIS in the performance of IGIS's functions under the PID Act.
  • report to the Authorised Officer any detriment the discloser believes they have been subjected to as a result of making the disclosure; and
  • cooperate with actions proposed by the Authorised Officer to protect the discloser from reprisals or the threat of reprisals or address work health and safety risks. In particular, although a discloser will be consulted regarding any actions proposed to be taken, such actions may be taken without the consent of the discloser.

Advice to disclosers

When making a disclosure, a discloser should be clear and factual, and avoid speculation, personal attacks and emotive language, which can divert attention from the real issues in their disclosure. 

When making a disclosure, disclosers should consider providing the following information:

  • their name and contact details (if they wish)
  • the nature of the suspected wrongdoing
  • who they believe committed the suspected wrongdoing
  • when and where the suspected wrongdoing occurred
  • how they became aware of the suspected wrongdoing
  • whether the suspected wrongdoing has been reported to anyone else
  • if so, what that person has done to fix, stop or prevent it
  • whether they are concerned about possible reprisal as a result of making a disclosure.

Disclosers should not investigate a matter themselves before making their disclosure.   
The sooner a discloser raises a concern, the easier it is likely to be for the agency to take action.