Public Interest Disclosures (Whistleblower)

Hepburn Shire Council is a public body subject to the Public Interest Disclosure Act 2012 (the Act). The purpose of the Act is to facilitate the making of disclosures of improper conduct by public officers and public bodies, including the Hepburn Shire Council, its staff, employees and councillors.

Hepburn Shire Council is committed to the aims and objectives of the Act. It recognises the value of transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal improper conduct. It does not tolerate improper conduct by the organisation, its employees, officers, or Councillors, nor the taking of reprisals against those who come forward to disclose such conduct.

The Public Interest Disclosure Act 2012

Under the Act, the Independent Broad-based Anti-corruption Commission (IBAC) has a key role in receiving, assessing and investigating disclosures about improper conduct and detrimental action taken in reprisal for a disclosure by public bodies or public officers.

The Act provides certain protections for people who make disclosures and creates certain obligations of confidentiality preventing the disclosure of the identity of the person who has made a disclosure and the content of the disclosure, unless it is done under certain specified circumstances. Disclosure of either the identity of a discloser, or the content of their disclosure that is not covered by any of those specified exceptions is a criminal offence.

What is a Public Interest Disclosure?

A complaint or allegation that is already in the public domain will not normally be a public interest disclosure, for example if the matter has already been subject to media or other public commentary.

People making a disclosure must believe, on reasonable grounds, that the Councillor or Council employee has engaged in, or proposes to engage in, improper conduct. The conduct must be serious enough to constitute a criminal offence or reasonable grounds for dismissal.

Examples of such a disclosure may include:

• An officer taking a bribe to grant a permit.
• An officer ignoring or concealing evidence of an illegal activity being conducted in the municipality.
• A Council officer selling or revealing confidential information to enable someone to gain advantage such as information about a tender.
• A substantial mismanagement of public resources
• A substantial risk to public health or safety
• A substantial risk to the environment

Disclosures can be made anonymously.

How to make a Public Interest Disclosure

Council encourages the disclosure of improper conduct by public officers or public bodies.

Public Interest Disclosure Procedures

Council’s Public Interest Disclosure Procedures(PDF, 313KB) explain in detail the system for reporting disclosures of improper conduct by Council or its employees.

If Council believes a disclosure may be a Public Interest Disclosure made in accordance with the Act, it will notify the disclosure to the IBAC for assessment. The IBAC will then deal with the disclosure.