Protection for disclosers of improper conduct

Public Interest Disclosure Act

We do not tolerate improper conduct by our employees, officers or members, or the taking of reprisals against those who come forward to disclose such conduct.

We recognise the value of transparency and accountability in our administrative and management practices, and support the making of disclosures.

The Public Interest Disclosures Act 2012 replaced the previous Protected Disclosure Act 2012 on 1 January 2020. The procedures for handling disclosures have been prepared in accordance with guidelines set out by the Independent Broad-Based Anti-Corruption Commission (IBAC).

The object of the Act is to:

• encourage and facilitate the disclosure of:
  • improper conduct by public officers and public bodies
  • detrimental action taken in reprisal for a person making a disclosure under this Act
• provide protection for:
  • people who make those disclosures
  • people who may suffer detrimental action in reprisal for those disclosures
• provide confidentiality of the content of the disclosure and the identity of people who make those disclosures
• provide confidentiality of all persons involved and cooperating with the disclosure investigation.

The act applies to Councillors and Council employees of Whittlesea City Council.

Who can make a disclosure?

Anyone can make a disclosure if they have reasonable grounds to believe that improper conduct or detrimental action has occurred.

A complaint should clearly show or suggest improper conduct or detrimental action by a public officer:

• improper conduct must be either criminal conduct or conduct serious enough to result in a person’s dismissal
• detrimental action includes harassment or discrimination, or other adverse action taken against the discloser, in reprisal for having reported the alleged improper conduct

People seeking protection under the Act should carefully consider whether their complaint meets these basic thresholds before reporting.

Full definitions of improper conduct and detrimental action can be found in the Public Interest Disclosure Act 2012 Procedures.

Make a disclosure regarding Council employees

Disclosures regarding Whittlesea employees should be made to Michael Tonta, Manager Governance. You can also make a disclosure directly to the Independent Broad-Based Anti-Corruption Commission (IBAC)

• Phone: (03) 9217 2207
• Email: pid@whittlesea.vic.gov.au (This email is solely accessed by Michael Tonta)

• Mail:

CONFIDENTIAL

Attention: Michael Tonta

Whittlesea City Council

Locked Bag 1 Bundoora

SOUTH MORANG Vic 3752

Make a disclosure regarding Whittlesea Councillors

Disclosures regarding Whittlesea Councillors should be made directly to the Independent Broad-based Anti-Corruption Commission:

• Telephone: 1300 735 135
• Mail:

IBAC

GPO Box 24234

Melbourne VIC 3001

• Independent broad-based anti-corruption commission website

What happens after a disclosure is made?

Once Council determines that the information disclosed is likely to constitute a Public Interest Complaint, it will refer the matter to IBAC for review.

IBAC will determine who will investigate the matter and may refer the disclosure back to Council depending on the nature of the complaint.

Specific timeframes apply, and the discloser will be informed of actions taken throughout the process.

Alternatives to making a protected disclosure

These procedures are designed to complement Council’s complaint handling and resolution procedures.

Members of the public are encouraged to contact Council with any complaints or concerns they may have about Council or Council employees.

See more about our Complaints handling and resolution procedures.