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Whistleblowing
The OPSC administers the Whistleblowers Protection Act 1994 (WBPA), providing advice to the Premier and departmental officers — particularly in relation to recording and reporting requirements for Public Interest Disclosures (PIDs).
What is a public interest disclosure and how do I make one?
A whistleblower, or 'discloser' (the preferred term), is someone who discloses particular information, usually about some serious concern over the alleged misbehaviour of public officials or others who may be acting in a way that appears to be not in the public interest. Hence the term Public Interest Disclosure (PID).
Anyone can make a PID regarding unlawful, negligent or improper behaviour that constitutes a substantial and specific danger to either the health or safety of a person with a disability or to the environment. PIDs regarding reprisals taken against persons for making a PID can also be made by anybody.
Public officers can make PIDs regarding the following issues.
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Official misconduct: corrupt or other serious misconduct by a public sector officer relating to the performance of the officer's duties. The conduct must:
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be dishonest or lack impartiality, or
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involve a breach of trust, or
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be a misuse of officially obtained information.
The conduct must also be serious enough to be a criminal offence or justify dismissal, if proven. Official misconduct is defined in the Crime and Misconduct Act 2001.
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Maladministration: illegal, arbitrary, oppressive or improper public sector administrative action.
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Negligent or improper management involving a substantial waste of public funds by any public officer or public sector entity or anyone contracting to supply goods or services to a public sector entity.
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A substantial and specific danger to public health or safety or the environment.
The WBPA was reviewed in 2006 as a result of recommendations made by the Parliamentary Crime and Misconduct Committee. The review was assisted by a reference group comprising representatives from the Department of Premier and Cabinet, the Crime and Misconduct Commission, the Ombudsman’s Office and the OPSC.
For a copy of this review or information on managing public interest disclosures or ethical behaviour, visit our resources area.
Last reviewed 26 February 2007