Public interest disclosure
Purpose
The purpose of the Public Interest Disclosure Act (the Act) is to provide legal protection from civil, criminal or disciplinary action, to those people who expose improper or corrupt behaviour in the course of their duties. For protection to be granted under the Act, the "whistleblower" must believe on reasonable grounds that the information provided was true or might be true. It is also important to note that the Act is retrospective, i.e. there is no time limit to the Act and disclosures may relate to matters which occurred prior to 1 July 2003.
Further details about the Act can be obtained from the:
The Act places stringent requirements on the Department of Commerce to investigate complaints, take remedial action where necessary and keep whistleblowers informed of the action taken, or to be taken, and ensure that whistleblowers are free from victimisation.
It is important to note that the Act does not confer additional powers upon Commerce to investigate or take action in relation to public interest disclosures. Instead, it provides protection to persons who make disclosures that may result in Commerce exercising its existing powers to investigate and take action in relation to such a disclosure.
Responsibility for the administration of the Act resides with the Director, Human Resources, Corporate Services, who is Commerce's Public Interest Disclosure Officer.
How do I make a public interest disclosure?
Anyone wishing to make a public interest disclosure is encouraged to complete a Public Interest Lodgement Disclosure form (see below) and forward it in a sealed envelope, to the Director, Human Resources, Level 2, 172 St Georges Terrace, Perth. Once received, the disclosure will be investigated in accordance with the prescribed procedures and guidelines. It is important that you read and fully understand your rights and obligations of the Act before you make such a disclosure. Advice on this can be obtained by contacting the Director, Human Resources, on 6461 5948.
The following forms are provided for your use if you wish to lodge a public interest disclosure:
- Public Interest Disclosure Lodgement Form - (Word/ PDF)
- Consent to disclosure of identifying information form (Word/ PDF)
The following documents are provided for your information: