Public interest disclosure

The Public Interest Disclosure Act 2013 (Cth) (PID Act) helps protect current and former public officials (also called whistleblowers) who expose suspected wrongdoing, such as corruption, maladministration or wastage of public monies, in the Commonwealth public sector.

The PID Act provides a framework for reporting and investigating suspected wrongdoing. It also protects people who make a PID.

Under the PID Act, information can be disclosed about suspected wrongdoing in Australian Government departments, agencies, companies, contractors and entities. State and territory government bodies have their own PID policies.

Agencies must investigate any suspected wrongdoing and take appropriate action.

Who can make a disclosure

To make a PID, you must be a current or former public official. This includes:

• any person, who is or has been employed by the Australian Government
• any service providers engaged under a contract with the Commonwealth.

If you are not a public official, you may be able to make a disclosure if an authorised officer determines the PID Act applies.

Protection when making a disclosure

A person who makes a PID is protected under the PID Act. This includes:

• protection of the discloser’s identity
• immunity from civil, criminal or administrative liability
• support and protection from reprisal.

You are not protected under the PID Act if you make a PID that is intentionally false or misleading. The PID Act will also not protect you from your own wrongdoing.

If you make a PID, you should assist with any investigation but not discuss the PID with anyone not involved in the investigation.

What you can report under the PID Act

You can report suspected wrongdoing if you believe the conduct:

• is illegal or corrupt
• perverts the course of justice
• is an abuse of public trust
• is maladministration, including conduct that is unjust, oppressive or negligent
• results in a wastage of money or property
• results in unreasonable danger or risk to health and safety
• results in danger, or an increased risk of danger, to the environment.

What you cannot report under the PID Act

You cannot report the following under the PID Act:

• government policies and expenditure you do not agree with
• actions by members of Parliament
• conduct connected to courts or Commonwealth tribunals
• proper activities of intelligence agencies
• matters previously investigated under the PID Act
• personal work-related conduct, such as bullying, unless significant.
  

How to make a disclosure

There is no formal process for making a PID. You do not have to refer to the PID Act in your disclosure.

You can make a disclosure of suspected wrongdoing in writing, in person or by phone call. You need to make your disclosure to an authorised officer to receive protection under the PID Act. You can also make a report to your direct manager, who will pass it to an authorised officer.

Your report can be anonymous, but you need to tell this to the authorised officer.

Contact the following authorised officers to make a disclosure at the NBA:

John Cahill or Kate McCauley

Email: PID@blood.gov.au

Phone: 02 6151 5000

If you are not comfortable speaking to NBA staff, or if your disclosure is about another agency, contact the Commonwealth Ombudsman's PID Team(Opens in a new tab/window):

Phone: 1300 362 072

Email: PID@ombudsman.gov.au (indicate which agency the disclosure is about in the subject line)

Post:

Confidential Agency PID
Commonwealth Ombudsman PID Team
GPO Box 442
CANBERRA ACT 2601

What to include in a disclosure

Give as much information in your PID as possible about the suspected wrongdoing, including:

• your name and contact details (although you can ask to stay anonymous)
• what the suspected wrongdoing is
• who you think committed the suspected wrongdoing
• where and when the suspected wrongdoing took place
• relevant events around the suspected wrongdoing
• what evidence you have about the suspected wrongdoing
• who else witnessed the suspected wrongdoing
• if any response to the suspected wrongdoing has been made
• who may have allowed the suspected wrongdoing to continue
• if you believe you will experience a reprisal because of your disclosure.

In your report:

• be clear and use facts
• do not speculate or attack another person
• give any evidence you have, such as witness names, documents, files, diary entries, notes, emails and other correspondence.

Also, note if you believe the information is a public interest disclosure under the PID Act (although your report can be treated as a PID even if you do not describe it this way).

After making a disclosure

After you make a PID, an authorised officer must assess it. This includes assessing the risk of a reprisal against you.

The authorised officer will decide if the disclosure is internal to the NBA and how to handle it. They must tell you if they decide your PID is not an internal issue and why.

A principal officer will investigate the PID if it is an internal matter. They must tell you if they will not investigate the issue and why.

The authorised officer or principal officer must refer your disclosure to the National Anti-Corruption Commission (NACC)(Opens in a new tab/window) if they believe it involves corrupt conduct that is serious or systemic. The officer must continue with their assessment or investigation after doing this.

The NACC Commissioner can issue a stop-action direction to a Commonwealth agency. This stops the agency from taking any action on a corruption issue.

The agency must complete its internal investigation of a disclosure within 90 days. You will receive a report at the end of the investigation.

More information

For more information about the PID Act and making a disclosure, visit the Commonwealth Ombudsman's public interest disclosure(Opens in a new tab/window) website.

Get in touch

If you have any questions about the NBA's public interest disclosure process, please contact us.