Additional obligations of the Principal Officer
The principal officer must:
- ensure that the number of authorised officers in the Department is sufficient to ensure that they are readily accessible by public officials who belong to the Department and that public officials are aware of the identity of the authorised officers;
- take reasonable steps to encourage and support public officials who make or are considering making PIDs, and persons who provide or are considering providing assistance in relation to PIDs;
- establish PID Procedures consistent with the PID Act and PID Standard;
- as soon as reasonably practicable, ensure that appropriate action in relation to the agency is taken in response to any recommendations in a PID report;
- take reasonable steps to provide ongoing training and education to public officials about the PID Act;
- ensure that officials who are appointed to perform functions and duties or exercise powers under the PID Act are given appropriate training and education within a reasonable time after their appointment;
- take reasonable steps to protect public officials who belong to the Department against reprisals that have been, or may be taken in relation to PIDs that have been made, may have been made, are proposed to be made or could be made to an authorised officer or supervisor.
Additional obligations of authorised officers
An authorised officer must:
- if an individual discloses, or proposes to disclose information to an authorised officer of the Department, and the authorised officer has reasonable grounds to believe that the information concerns or could concern disclosable conduct and the individual may be unaware of the consequences of making the disclosure:
- inform the individual that the disclosure could be treated as an internal disclosure for the purposes of the PID Act;
- explain what the PID Act requires for the disclosure to be an internal disclosure; and
- advise the individual of the circumstances in which a PID must be referred to an agency or other person or body under another law of the Commonwealth;
- advise the individual of any orders or directions of which the authorised officer is aware that are designated publication restrictions that may affect disclosure of the information; and
- take reasonable steps to protect public officials who belong to the Department against reprisals that have been, or may be taken in relation to PIDs that the authorised officer suspects on reasonable grounds have been made, may have been made, are proposed to be made or could be made, to them
Additional obligations of supervisors
The obligations of supervisors are set out in s5.2 of the Procedures.
Protection from liability
A person who is the principal officer, a delegate of the principal officer, an authorised officers, a supervisor of a person who makes a disclosure or a person assisting the principal officer (or delegate) is not liable to any criminal or civil proceedings, or any disciplinary action, for or in relation to any act or matter done or omitted to be done, in good faith:
- the performance or purported performance or any functions conferred on the person by the PID Act;
- the exercise, or purported exercise, or any power conferred on the person by the PID Act;
- in the case of a person assisting a principal officer or delegate, in assisting the principal officer or delegate in doing anything mentioned above.