IBAC Insights (newsletter)

From 1 January 2020, the Protected Disclosure Act 2012 is replaced by the Public Interest Disclosures Act 2012. See Public interest disclosures for more information.

The Victorian integrity system encourages genuine reports of corruption and misconduct of public officials, and provides legal protections for those coming forward. Further, while Victoria's whistleblower protection scheme prohibits disclosing confidential information, it allows action to be taken by disclosers, integrity bodies and government. Confidentiality requirements are designed to protect disclosers from reprisals and prevent compromising investigations. In many cases, confidentiality has been critical to the success of corruption investigations.

As Victoria's central agency responsible for managing protected disclosure complaints, IBAC assesses all complaints and notifications it receives for protected disclosure status. IBAC then decides whether to investigate, refer to another body, or dismiss each allegation. In the last financial year, IBAC assessed 742 complaints of corruption and misconduct and determined 568 to be protected disclosures. IBAC also commenced 24 new investigations, referred 544 matters to other bodies to investigate, and dismissed 174 disclosures. Disclosures are dismissed if there is insufficient information, they are too old, or too minor.

While anonymous disclosure of corruption and misconduct is possible under the Protected Disclosure Act 2012 (Vic) (PD Act), most people making a protected disclosure complaint choose not to remain anonymous. Whether anonymous or identified, protection for disclosers includes a right to confidentiality and protection from detrimental action. Complaints about police misconduct made by other police officers are generally deemed to be protected disclosures. Maintaining confidentiality when a matter is reported avoids tipping off the subject of the disclosure and prevents compromise of an investigation. At this sensitive stage, confidentiality between the discloser, the body receiving the disclosure and those involved in notifying IBAC is often paramount.

The risk of detrimental action against the discloser (such as intimidation or harassment, discrimination, disadvantage or adverse treatment) increases once IBAC determines a disclosure to be protected. The PD Act provides legal protection from detrimental action. Criminal penalties apply to any unauthorised disclosure of information. Generally, release of the discloser's identity is limited to circumstances where it is required to act on the disclosed information (such as investigating the matter) or with the written consent of the discloser. Wherever possible, the discloser’s identity will be kept secret.

Once IBAC has determined a protected disclosure complaint, it notifies the person who made the complaint of the action that is being taken. If the disclosure is dismissed, IBAC provides the reasons for that decision. To reduce risk of detrimental action to the discloser and compromise of an investigation, it is a criminal offence to disclose IBAC’s action in response to any complaint or disclosure.

During an investigation, there are various ways to protect a discloser from being identified. Investigators may serve a confidentiality notice on a person involved in an investigation. Criminal penalties apply to a breach of a confidentiality notice.

When an investigation has been completed, IBAC may take a number of actions including making formal recommendations, publishing reports, or pressing charges. Private recommendations may be made to the organisations found to have been involved in the corruption. IBAC may also table a special report in Parliament.

Each of these actions incorporates confidentiality requirements, which continue to protect the identity of the discloser while facilitating open communication about the content of the disclosure at the completion of an investigation. 

At the conclusion of an investigation, unauthorised release of the contents of the disclosure and the identity of the discloser remains prohibited. However, once IBAC or another investigating entity publishes information about the disclosure, these restrictions are lifted. This supports IBAC's function to expose and prevent corruption.

The effective protection of those coming forward to report corruption and misconduct relies on the correct handling of confidential information, in compliance with the PD Act. For further information, contact IBAC.