4.1 Who can accept your public interest disclosure?
You can make your disclosure to the Independent Broad-based Anti-corruption Commission (IBAC), unless it’s about:
- IBAC or an IBAC officer
- members of Parliament
- Victorian Inspectorate (VI) or one of our officers
- a Public Interest Monitor.
A public service body can accept public interest disclosures (PIDs) by its members, officers or employees, except PIDs members of Parliament.
Only the VI can receive PIDs about:
- IBAC or IBAC officers
- a Public Interest Monitor.
Any disclosure relating to the VI must go to the Integrity and Oversight Committee of Parliament or to a Presiding Officer.
PIDs about members of the Legislative Assembly are made to the Speaker of the Legislative Assembly and PIDs about members of the Legislative Council are made to the President of the Legislative Council.
Table A outlines who you can take your PID to.
Table B outlines which organisations and officers take PIDs.
If the subject of your disclosure is in Table A, then take it to:
- IBAC
- Victorian Ombudsman
- VI
- a public service body or
- a council the person that your disclosure is about is a member, officer or employee of, or if you are a member, officer or employee of a council either to the Council or to IBAC or the Chief Municipal Inspector.
The Public Interest Disclosures Act 2012 (PID Act) may not protect PIDs made to unauthorised people or bodies.
Table A - Who to make your disclosure to?
| If your disclosure is about the following | Make disclosure to |
|---|---|
| Chief Commissioner of Police | IBAC Phone: 1300 735 135 Email: info@ibac.vic.gov.au |
| Director of Public Prosecutions | |
| Chief Crown Prosecutor | |
| Solicitor General | |
| Governor | |
| Lieutenant Governor or Administrator | |
| Director, Police Integrity | |
| Electoral Commissioner | |
| Commissioner appointed under the Inquiries Act 2014 | |
| A member of a Board of Inquiry | |
| A judicial officer | |
| A judicial employee | |
| A Ministerial officer | |
| A Parliamentary adviser | |
| An electorate officer | |
| A Parliamentary officer | |
| Minister of the Crown who is not a member of Parliament | |
| A Councillor | IBAC, the Victorian Ombudsman or Chief Municipal Inspector |
| Information Commissioner | IBAC or the Victorian Ombudsman |
| Health Complaints Commissioner | |
| A council | Chief Municipal Inspector To the relevant council
|
| A member of a council | |
| An officer of a council | |
| An employee of a council | |
| The Chief Examiner or an Examiner appointed under section 21 of the Major Crime (Investigative Powers) Act 2004 | IBAC or the Victorian Inspectorate |
| A Victorian Ombudsman officer | |
| A Victorian Auditor-General’s Office officer | |
| A Judicial Commission officer (other than a judicial member of the Board of the Judicial Commission) | |
| A member of police personnel (other than the Chief Commissioner) | IBAC or Victoria Police |
| Member of Parliament (Legislative Council) | President of the Legislative Council |
| Member of Parliament (Legislative Assembly) | Speaker of the Legislative Assembly |
| IBAC | Victorian Inspectorate |
| An IBAC officer | |
| A Public Interest Monitor | |
| Victorian Inspectorate or a Victorian Inspectorate officer | Integrity and Oversight Committee, the Speaker of the Legislative Assembly or the President of the Legislative Council |
| Judicial officer or a Victorian Civil and Administrative Tribunal (VCAT) member who isn't a judicial officer | IBAC or the Judicial Commission |
Table B - Organisations that can receive public interest disclosures
| Organisation | Officers who can receive disclosures |
|---|---|
| IBAC | Commissioner |
| Deputy Commissioner | |
| Chief Executive Officer | |
| IBAC officer | |
| Victorian Ombudsman | Victorian Ombudsman |
| Victorian Ombudsman officer | |
| Victorian Inspectorate | Inspector |
| Victorian Inspectorate officer | |
| Victoria Police | Victoria Police personnel with a rank of sergeant or above (including personnel acting in a role) |
| Disclosures by Victoria Police personnel go to their direct or indirect manager or supervisor | |
Public service body Public service bodies can only receive disclosures that relate to their conduct and are made by their own members, officers or employees. These disclosures can also be made to IBAC, the Victorian Ombudsman or the VI. | Head of the relevant public service body |
| A person the public service body’s PID procedures identify as a person who can receive a PID about that body, e.g. a PID Coordinator | |
| The discloser’s direct or indirect manager or supervisor | |
A council Councils can receive disclosures about the conduct or a member, officer or employee, or disclosures made by their members, officers or employees unless it is required to be made to another entity or relates to a member of Parliament. These can also be made to IBAC, the Victorian Ombudsman, the Chief Municipal Inspector or the VI. | Chief Executive Officer |
| A person that council’s procedures identify as a person who can receive a disclosure about the council, e.g. a PID Coordinator | |
| The discloser’s direct or indirect manager or supervisor | |
| Judicial Commission of Victoria | Director of the Judicial Commission of Victoria |
| Integrity and Oversight Committee (IOC) | A member of the IOC |
4.2 Who can make a PID?
Any person or group of people.
A company or business can’t, but its officers or employees can.
4.3 Can I get someone to lodge the PID on my behalf?
Yes, a PID can be lodged on behalf of someone else.
You need written consent to lodge a PID on behalf of another person. This is known as appointing an agent.
If you appoint an agent to make a PID on your behalf--only you will get the protections.
4.4 You can submit a PID in 2 ways
Once you have worked out the right organisation to make your disclosure to, then you can make it in one of these ways.
1. By telling someone
You can do this:
- in person
- by phone
- via voicemail
- in private to limit the possibility of reprisals.
2. By writing it down
Then you can:
- deliver it to the right person
- mail it
- email it to the right person’s official address
- submit via online PID form.
Call us on 1800 518 197 if you want to submit a PID in person or need some help.
Contact details for your PID
Victorian Inspectorate, PO Box 617 Collins Street West 8007
Email: info@vicinspectorate.vic.gov.au
Website: www.vicinspectorate.vic.gov.au
Phone: 1800 518 197
Call us on 1800 518 197 if you want to submit a PID in person or need some help.
4.5 Can I be anonymous?
Yes, that’s easily done via:
- the online PID form
- an anonymous phone call
- a confidential face-to- face meeting.
4.6 What to include in your PID?
- a description of the alleged improper conduct or detrimental action
- details of the relevant person or body and any witnesses
- supporting information and copies of documents
- your contacts details (unless you want to remain anonymous)
If you are subject to confidentiality obligations under a Victorian Act or required to keep information confidential, for example, because of an agreement or practice, you will not be in breach if you make a PID as long as the PID is not false or misleading.
4.7 Options for getting help
- If you need some help, ask the agency receiving your PID
- Public bodies, Victorian state government departments, administrative offices and local councils have assigned PID Coordinators. They receive and handle PIDs and provide support.
- Call 131 450 for translating and interpreting services.
4.8 External disclosures
In limited circumstances you can submit a PID to a person or body that’s not usually able to receive them (e.g. a journalist). These are called external disclosures.
They can only be made where:
- You have previously made a PID that was classified as a public interest complaint (PIC)
- You did not make it anonymously; and
- One of the following applies:
- the entity you originally submitted the PID to hasn’t updated you on any of its actions for six months after telling you that it had been assessed as a PIC and your request for an update has not had a response for at least 30 days;
- the investigation into your PIC is over 12 months old and it’s been over 30 days since you requested an update and you have not received a response; or
- the investigation into your PIC is over 12 months old and you received an update within 30 days of requesting it, but six months after receiving an update you have not been advised that the investigation has been completed.
The subject matter of your external disclosure must be substantially the same as the subject matter of your PID.
Exemptions include information:
- that may prejudice a criminal investigation or legal proceeding which you are aware of; or
- that might reveal investigation methods used by IBAC or Victoria Police.
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