Public Interest Disclosure Policy

Overview

The Public Interest Disclosures Act 2012 (Vic) encourages and assists people to report improper conduct by a public body or public officer and provides certain protections for people who make disclosures under the Act.

Reports made under the Act are called ‘public interest disclosures’.

The Treaty Authority is ‘public body’ for the purpose of the Public Interest Disclosure Act.  This means that a public interest disclosure can be made about the Treaty Authority, as well as Treaty Authority Members, employees and contractors (each of whom is a ‘public officer’). However, the Treaty Authority is not authorised to receive public interest disclosures.

This procedure explains how to make a public interest disclosure about the Treaty Authority, Treaty Authority Members, employees and contractors to bodies including the Independent Broad-based Anti-corruption Commission (IBAC), the Victorian Ombudsman and the Victorian Inspectorate, and how the Treaty Authority protects people who make a public interest disclosure. 

What is a Public Interest Disclosure?

A public interest disclosure is a report made by a person about:

• improper conduct of a public body or public officer performing public functions; or
• detrimental action by a public body or public officer against a person in reprisal for them having made a public interest disclosure or cooperated with the investigation of a public interest disclosure.

Improper conduct includes:

• corrupt conduct; and
• conduct of a public body or public officer in their capacity as a public body or public officer that constitutes:
• a criminal offence
• serious professional misconduct
• dishonest performance of public functions
• an intentional or reckless breach of public trust
• an intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body
• substantial mismanagement of public resources
• a substantial risk to health or safety
• a substantial risk to the environment.

Improper conduct also includes the conduct of any person that adversely affects the honest performance by a public body or a public officer of their official functions.

How to make a Public Interest Disclosure

Who can make a disclosure?

Anyone can make a public interest disclosure. This includes Treaty Authority Members and employees and members of the public. 

A disclosure must be made by an individual or group of individuals. A disclosure cannot be made by a business or a company.

A disclosure must be made to an agency or other organisation that is authorised to receive public interest disclosures. If a disclosure is made to an organisation that isn’t authorised to receive public interest disclosures, the disclosure will not be protected under the Public Interest Disclosures Act.

What can I make a disclosure about?

You may make a public interest disclosure about information that shows or tends to show, or that you believe on reasonable grounds shows or tends to show:

• a public body or public officer
• is engaging in or proposing to engage in
• improper conduct and/or detrimental action in reprisal for a person having made a public interest disclosure.

The conduct you are disclosing must relate to the performance of a body or person’s function as a public body or public officer. 

A public interest disclosure may also be made about private individuals who try to improperly influence a public body or public officer in the performance of their official functions.

Who can I make a disclosure to?

The Treaty Authority is not authorised to receive public interest disclosures. This includes disclosures about the Treaty Authority, Treaty Authority Members and employees. 

If you attempt to make a disclosure to the Treaty Authority, the disclosure will not be protected under the Public Interest Disclosure Act except in extremely limited circumstances. If the Treaty Authority receives a report or allegation about conduct that might be a public interest disclosure, the Treaty Authority will advise you to contact IBAC, the Victorian Ombudsman or the Victorian Inspectorate. If it assesses that the report or allegation is not a public interest disclosure the matter will be referred to the appropriate internal complaint, review or dispute resolution process.

If you wish to make a public interest disclosure about the Treaty Authority or a Treaty Authority Member or employee you should make the disclosure to:

• IBAC
• the Victorian Ombudsman
• the Victorian Inspectorate.

See IBACs website for more information on making a public interest disclosure as well as IBAC’s contact details.

Treaty Authority procedures for protecting persons who make public interest disclosures

It takes courage to speak up and make a disclosure about improper conduct by a public body or public official, or to co-operate as a witness in an investigation.

The Treaty Authority supports the making of disclosures that reveal improper conduct and is committed to protecting any person who makes a public interest disclosure or cooperates, or intends to cooperate, with an investigation into a public interest disclosure.

The Treaty Authority does not tolerate detrimental action against anyone because they have made a disclosure or cooperated in an investigation. Disciplinary action will be taken against any Treaty Authority employee who is found to have engaged in detrimental action because another person has, or is suspected to have, made a disclosure or cooperated with an investigation.

Taking or threatening to take detrimental action against another person in reprisal for a public interest disclosure (including bullying, harassment, intimidation, discrimination or victimisation) is also a criminal offence. 

As the Treaty Authority is not authorised to receive public interest disclosures, the Treaty Authority may not be aware that someone has made a public interest disclosure about the Treaty Authority.

Where the Treaty Authority becomes aware that a person has made a public interest disclosure, or is cooperating, or intending to cooperate, with an investigation into a public interest disclosure, the Treaty Authority will take steps to protect the welfare of that person. This may include appointing a specific person to consider the welfare and protection needs of the discloser and/or witness and provide them with practical support. The Treaty Authority may also ensure its Employee Assistance Program is available to provide welfare support to a discloser and/or witness in an investigation.

The Treaty Authority will also take steps to ensure information about the content of the disclosure or which could identify the discloser is kept confidential.

Alternative to making a ‘public interest disclosure’

Although the Treaty Authority cannot receive public interest disclosures, the Treaty Authority can still receive complaints about its services. More information on how to make complaint is available.

Review

• This procedure is reviewed regularly to ensure that it meets the objectives of the Public Interest Disclosures Act and is consistent with IBAC’s guidelines.