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Review of the Public Interest Disclosures Act 2002

The 2009 review of the Public Interest Disclosures Act 2002 has resulted in the amendment of the Act. 

The amendments passed by Parliament:

  • Broadened the scope of the Act to encompass a greater range of public interest disclosures by expanding the definition of improper conduct, which will provide coverage to a greater range of persons.
  • Expanded the definition of public body and public officer to cover conduct within a more broadly defined public sector, and to provide protection to more people.
  • Clarified when a disclosure is not protected or does not need to be investigated.
  • Expanded the function of the oversight agency (the Ombudsman) to include greater monitoring, advice, direction and education roles.
  • Improved public sector agency internal procedures for receiving and handling disclosures.
  • Provided for a process of appointing public interest disclosure officers in each public sector agency to deal with disclosures.
  • Provided timelines for investigations to ensure they are completed in a timely manner.
  • Improved the protections and access to protections available to persons making a disclosure, as well as ensuring natural justice principles are applied when dealing with the subject of the disclosure.
  • Allowed for disclosures to be made to the Integrity Commission.
  • Allowed for referral to and from the Integrity Commission in certain circumstances.

THESE CHANGES COMMENCE ON 1 OCTOBER 2010.

Amended Act

A copy of the Act with amendments (amalgamated version) is available on the Tasmanian Government legislative database from 1 October 2010:   Public Interest Disclosures Act 2002 

Background

In August 2008 the Premier, David Bartlett, released a ten point plan aimed at strengthening trust in democracy in Tasmania.  Included in the ten point plan is a review of the Tasmanian legislation which protects whistleblowers, the Public Interest Disclosures Act 2002. 

The objective of the Public Interest Disclosures (PID) Review Project was to explore whether the Public Interest Disclosures Act 2002:

• adequately encourages and facilitates disclosures of improper conduct by public officers;
• adequately encourages and facilitates disclosures of improper conduct by public bodies; and
• protects officers making disclosures against detrimental actions.

The Project was to recommend, prepare and implement legislative amendments which may result from both the exploration of the Act and a review of the administrative framework supporting the legislation.

Submissions

On the 22nd November 2008 members of the Tasmanian Community were invited to comment on the effectiveness of the Act.  Written submissions were requested by 13 February 2009.  All submissions received were considered in detail as part of the preparation of the Directions Paper, and copies of the submissions may be accessed below.  However, the Project Manager decided that one submission contained information which was of a nature such that it was not appropriate to publish on this website.

Submissions are available here

The Governments submission to the Joint Select Committee on Ethical Conduct was also considered in developing the Directions Paper.  This submission (number 25A) may be accessed on the Parliament of Tasmania website at the address below:

http://www.parliament.tas.gov.au/ctee/old_ctees/ethical.htm

Directions Paper

The purpose of this Paper: Strengthening trust in Government ... the spotlight on improper conduct, was to promote discussion in the community about disclosures of improper conduct in the public sector and how this can be encouraged and facilitated.  The period for comment ended on 26 June 2009, but a copy of the Paper may still be viewed for your interest.  The Directions Paper may be accessed using the link below:

Adobe PDF icon  Strengthening trust in Government ... the spotlight on improper conduct [495 kb | 50 pages]

Recent National Reviews

The Project has also benefited from similar research projects and related discussion occurring around Australia in recent times.  Both the New South Wales and Commonwealth Governments have reviewed the operations of their respective legislation and legislative provisions regarding public interest disclosures.  Links to these reports are available below:

• NSW - http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/d3cce2c3589fbbf8ca257578001be1bf/

• Commonwealth - http://www.aph.gov.au/house/committee/laca/whistleblowing/index.htm

A national research project, Whistling While They Work: Enhancing the theory and practice of internal witness management in the Australian public sector commenced in 2005 and released its first major report last year.  A link to the web page for this project is below:

http://www.griffith.edu.au/centre/slrc/whistleblowing/

Current Operation

More information about the operation of the current Act may be found at:

http://www.ombudsman.tas.gov.au/publications_and_media/guidelines


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