The Public Interest Disclosure Act 2012 (PID Act) protects people who speak up about disclosable conduct. This helps keep the ACT Government honest and fair.
'Disclosable conduct' means an action, policy, practice or procedure of a public sector entity, or public official, that:
- is maladministration
- results in a substantial and specific danger to public health or safety, or the environment.
What you can report
Reports must be about serious issues, which means conduct that involves substantial:
- maladministration (for example: mismanagement of public resources by an employee of an ACT Government entity)
- danger to public health or safety, or the environment (for example: the release of toxic substances by a public entity into the environment, or practices at a public health facility that resulted in a substantial danger to public health).
You can report the conduct of any ACT Government:
- department, agency or employee
- contractor, consultant or volunteer working on projects or on programs funded by the ACT Government.
This includes those responsible for:
- delivering public services
- implementing government policies
- managing public resources.
You can report events that:
- happened in the past
- are happening now.
What you cannot report
Disclosable conduct does not include actions or practices by an ACT Government employee or entity that:
- relates to a personal work-related grievance of the person disclosing the conduct
- is to give effect to a policy of the Territory about amounts, purposes or priorities of public expenditure.
Examples of what does not count as disclosable conduct:
- an interpersonal conflict between two coworkers
- a decision not to approve an employee's leave application
- a decision relating to someone's employment, transfer or promotion
- a decision relating to someone's terms and conditions of employment
- a decision to suspend or terminate someone's employment, or to discipline them.
Protection when you report
If you make an honest report, the law protects you from retribution, reprisal and retaliatory actions for making the disclosure. You cannot be punished or face legal trouble for reporting.
- No one can fire, harass or discriminate against you for reporting.
- You cannot be sued or held legally responsible for making a report.
- Your name and details will be kept private unless you agree to share your details, or it is legally necessary.
- If you are harmed because of the report, you may be able to get compensation.
- You can access help, like counselling or advice, during the process.
How to make a report
To report disclosable conduct, you can report online, orally or in writing. You can:
- call or email a Disclosure Officer
- contact a member of the Legislative Assembly (for example: your local member)
- fill in our online form
- speak to your manager (or HR) if you work in the public sector.
You do not have to tell us your name when you report.
After you make a report
If you report to a Disclosure Officer, they will assess if your report is about disclosable conduct and made in good faith. If so, they will refer your matter to us for further assessment.
Disclosure to third parties
The PID Act outlines the circumstances in which disclosures are permitted to be made to third parties.
We recommend that if you're considering disclosing your report to a third party, you should seek legal advice before doing so.