Rights and Responsibilities - A Guide for Disclosers - Public Sector ...

GOVERNMENT OFWESTERN AUSTRALIARights and Responsibilities - A Guide for DisclosersThe Public Interest Disclosure Act 2003 (the PID Act) provides people who make disclosures ofpublic interest information with certain immunities, protections and remedies, and imposes certainrequirements. This guide will help to explain these.Your rightsImmunityMaking a disclosure provides you with:immunity from civil or criminal liabilityimmunity from disciplinary and other action; andimmunity for any breach of duty of secrecy orconfidentiality.ProtectionIf you make a disclosure under the PID Act, youridentity will not be revealed, except in certaincircumstances, and you will be protected fromdetrimental action or the threat of detrimentalaction.RemediesThere are remedies available if anyone takes orthreatens to take detrimental action against you.NotificationYou will be informed of the outcome of anyinvestigation and the action taken with respectto your disclosure.Your responsibilitiesHonestyYou must believe that the information you haveis or may be true. It is an offence to provide falseor misleading information.Maintain confidentialityYou must keep the information you havedisclosed completely confidential, otherwise youmay forfeit your protections under the PID Act.Do not reveal identityYou must not disclose information that mightidentify or tend to identify the person aboutwhom the disclosure has been made. It is anoffence to reveal the identity of those makingdisclosures and those about whom a disclosureis made.Assist the investigatorYou must assist a person investigating thedisclosure by supplying any information onrequest; otherwise you may lose your protectionunder the PID Act.This information sheet is a summary only. Potential disclosers are urged to speak to their PID officeror visit PSC website for further information.ImmunitiesIf you make a disclosure under the PID Act youwill not incur any civil or criminal liability fordoing so and will not be liable for any disciplinaryaction under a written law, or be dismissed, orhave your services dispensed with or otherwiseterminated or be liable for any breach of a duty ofsecrecy or confidentiality or any other restrictionon disclosure (whether or not imposed by awritten law) applicable to you.Making a disclosure under the PID Act, however,does not affect your liability for any wrongdoingin which you have been involved.ProtectionsA person must not reveal information that mightidentify or tend to identify anyone as a personwho has made a disclosure under the PID Act.There are certain exceptions including where:○○○○○○the person consents to the release of suchinformationit is necessary to do so to enable the matterto be investigated effectively; andit is necessary having regard to the principlesof natural justice.

If you make a disclosure under the PID Act andit is necessary to reveal your identity, the PIDofficer will take all reasonable steps to notify youin advance. Apart from the exceptions outlinedabove, it is an offence for anyone to reveal theidentity of the discloser and the person aboutwhom the disclosure has been made. Both carrya penalty of $24,000 or imprisonment for 2 years.Under the PID Act, the Chief Executive Officerof a public authority must provide you withprotection against detrimental action. Detrimentalaction includes action causing, comprising orinvolving injury, damage, or loss; intimidationor harassment; adverse discrimination,disadvantage, or adverse treatment in relationto a person’s career, profession, employment,trade or business, or a reprisal.RemediesA person who takes or threatens to takedetrimental action against another becauseor substantially because anyone has made, orintends to make, a disclosure of public interestinformation under the PID Act commits:○○○○an offence of reprisal which carries a penaltyof $24,000 or imprisonment for 2 years; oran act of victimisation which may be lodgedwith the Equal Opportunity Commission ordealt with as a civil court matter.If you believe you have suffered detrimentalaction or that someone is threatening detrimentalaction against you, advise the PID officer withwhom you lodged your disclosure. The PIDofficer can provide you with information on howto take action.NotificationThe PID Act requires you be informed within 3months of making your disclosure of the actiontaken or proposed to be taken in relation to thedisclosure. You will also be notified of the outcomeof an investigation (where one is undertaken) andany action that has been taken or is proposed tobe taken as a result of the investigation and thereason for taking the action.You must believe your information isor may be trueYou must believe on reasonable grounds thatthe information you have is or may be true. Theinformation you have must be more than a meresuspicion and tend to show that wrongdoing has,or is about to occur.It is an offence to make a false or misleadingdisclosure and the penalty for doing so is $12,000or imprisonment for one year.You must keep the matter confidentialYou can minimise the risk of anyone taking detrimentalaction against you by keeping your intentions to makea disclosure to yourself — be discreet.Once you have made a public interest disclosureyou must maintain confidentiality of the information.This means you cannot go to the media or anyother person with information contained in yourdisclosure or you will risk losing your protectionand you may incur a penalty.You may speak with the PID officer or anyoneconducting an investigation into the matter.If you believe it is necessary to speak to anotherperson about some aspects of your disclosure,contact the PID officer first and discuss thematter with them.You must not disclose the identityof the person about whom yourdisclosure is madeIn addition to protecting your identity, the PID Actprotects the identity of the person about whomyour disclosure is made.You must not reveal any information about theperson named in your disclosure to anyone otherthan the PID officer with whom you lodged yourdisclosure or anyone investigating the matter. Ifyou do you may commit an offence which carriesa penalty of $24,000 or two years imprisonment.You must assist the investigatorWhere you are able to, you must assist a personinvestigating the matter to which your disclosurerelates by supplying them with any informationrequested, whether orally or in writing and withinsuch period as specified by them. It is not yourrole to investigate the matter and you must notobtain evidence illegally or in such a manner asto expose yourself to any risk.For further information about public interestdisclosures visit www.publicsector.wa.gov.auFor further information on making a disclosurecontact the agency where the conductoccurred and ask for the PID officer.A list of PID officers is available at www.publicsector.wa.gov.auAlternatively, contact the PID Advice andReferral Line: 1800 676 607