Public Interest Disclosures

What does the Public Interest Disclosures Act do?

The Act is designed to protect people (known as disclosers and who are commonly referred to as 'whistleblowers') who disclose information about improper conduct within the Victorian public sector. The Act provides a framework for the investigation of these matters.

Under the Act, disclosers can make a public interest disclosure about improper conduct without fear of reprisal. The Act provides certain legal protections that prevent their identity being revealed as well as any disclosure of content, unless the disclosure is done under certain specified circumstances.

What is improper conduct?

Improper conduct is defined in the Act as:

• corrupt conduct
• criminal offence
• serious professional misconduct
• dishonest performance of public functions
• intentional or reckless misuse of information acquired in the course of the performance of the functions of the public officer or public body
• a substantial mismanagement of public resources, or
• a substantial risk to the health or safety of one or more persons, or
• a substantial risk to the environment, or
• conduct of any person that:

• adversely affects the honest performance of a public officer or public body of their functions; or
• is intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and results in the person, or an associate of the person, obtaining:

• a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or
• an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or
• a financial benefit or real or personal property; or
• any other direct or indirect monetary or proprietary gain,
• that the person or associate would not have otherwise obtained; or
• conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to above.

What is corrupt conduct?

The Independent Broad-based Anti-corruption Commission Act 2011 sets out corrupt conduct as conduct of any:

• person that adversely affects the honest performance by a public officer or public body of their functions, or
• public officer or public body that constitutes or involves the dishonest performance of their functions, or
• public officer or public body that knowingly or recklessly breaches public trust, or
• public officer or public body that involves the misuse of information or material acquired in the course of the performance of their role or function, whether or not for the benefit of the public body or person, or
• public officer or public body who conspires or attempts to engage in the above corrupt activity.

Victorian public bodies include:

• Government departments and statutory authorities
• Victoria Police
• Local councils
• Schools and universities
• Public hospitals
• Members of Parliament
• Judges and magistrates.

How do I make a disclosure?

If you wish to disclose that the VGCCC (or its staff including Commissioners, employees and contractors) has engaged in corrupt conduct, please make the disclosure to the Independent Broad-based Anti-corruption Commission (IBAC) directly.

VGCCC Procedures for Public Interest Disclosure Management

Where IBAC notifies the VGCCC (usually the Chief Executive Officer or the General Counsel) about a public interest disclosure investigation, the VGCCC will take all reasonable steps to protect the discloser from reprisal and provide welfare management. For more information, download the VCGLR Procedures for Public Interest Disclosure Management (PDF, 271.16 KB)

For further information about public interest disclosures, please contact the VGCCC's General Counsel Sharon Concisom by e-mail [email protected] or phone on (03) 9297 8614.