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Public Interest Disclosure Act 2013 (federal whistleblower)

Federal public sector whistleblower regime + protections.

highcurrentevent drivenCriminal liability

Who must comply

Principal officers, authorised officers and supervisors of Commonwealth agencies; all public officials; and officers and employees of contracted service providers to Commonwealth contracts, in connection with those contracts.

What triggers it

A current or former public official making, or proposing to make, a disclosure of suspected disclosable conduct to a supervisor or authorised officer.

When due

Allocation decision: authorised officers must use best endeavours to decide within 14 days (s 43(11)). Investigation: completed within 90 days after allocation, unless extended by the Ombudsman or IGIS (s 52). Procedures and training: continuous (s 59).

Evidence required

Written PID procedures under s 59(3) including reprisal risk assessment; list of authorised officers communicated to staff; training records; allocation decisions and notices; investigation reports; extension requests; records of action on report recommendations. Contractors should map which staff work on Commonwealth contracts and brief them on the scheme.

Max penalty

Taking or threatening a reprisal is an offence punishable by imprisonment for 2 years or 120 penalty units ($43,680), or both (s 19). Disclosing or using identifying information about a discloser is punishable by imprisonment for 6 months or 30 penalty units ($10,920), or both (s 20).

Summary

The Public Interest Disclosure Act 2013 (PID Act) is the Commonwealth public sector whistleblowing scheme, separate from the private sector regime in Part 9.4AAA of the Corporations Act. It lets current and former public officials disclose suspected misconduct (disclosable conduct) and protects them, and anyone assisting, from reprisal. It matters to private businesses because officers and employees of a contracted service provider to a Commonwealth contract are public officials for conduct connected with entering into or giving effect to that contract (s 30). Agencies carry the operational duties: the principal officer must appoint enough authorised officers, publish written procedures that assess reprisal risk and keep investigations confidential, train staff, and protect disclosers. Authorised officers allocate a disclosure within 14 days, and investigations must finish within 90 days of allocation unless the Ombudsman or IGIS extends time.

Topics

whistleblowerpublic-sector

Related

Frequently asked questions

Who must comply with Public Interest Disclosure Act 2013 (federal whistleblower)?
Principal officers, authorised officers and supervisors of Commonwealth agencies; all public officials; and officers and employees of contracted service providers to Commonwealth contracts, in connection with those contracts.
What triggers Public Interest Disclosure Act 2013 (federal whistleblower)?
A current or former public official making, or proposing to make, a disclosure of suspected disclosable conduct to a supervisor or authorised officer.
When is Public Interest Disclosure Act 2013 (federal whistleblower) due?
Allocation decision: authorised officers must use best endeavours to decide within 14 days (s 43(11)). Investigation: completed within 90 days after allocation, unless extended by the Ombudsman or IGIS (s 52). Procedures and training: continuous (s 59).
What is the maximum penalty for Public Interest Disclosure Act 2013 (federal whistleblower)?
Taking or threatening a reprisal is an offence punishable by imprisonment for 2 years or 120 penalty units ($43,680), or both (s 19). Disclosing or using identifying information about a discloser is punishable by imprisonment for 6 months or 30 penalty units ($10,920), or both (s 20).
What evidence is required for Public Interest Disclosure Act 2013 (federal whistleblower)?
Written PID procedures under s 59(3) including reprisal risk assessment; list of authorised officers communicated to staff; training records; allocation decisions and notices; investigation reports; extension requests; records of action on report recommendations. Contractors should map which staff work on Commonwealth contracts and brief them on the scheme.

Source: https://www.legislation.gov.au/C2013A00133/latest/text. Rules Mate is not a law firm. Always verify against the live regulator source before acting.