B/8.3 Public Interest Disclosure management

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8.3.1 Policy principles
8.3.2 Protected disclosures
8.3.3 Making a disclosure
8.3.4 Assessment of disclosure
8.3.5 Investigation
8.3.6 Report
8.3.7 Action
8.3.8 Confidentiality
8.3.9 Record keeping and reporting
8.3.10 Reprisals
8.3.11 Further information
Related Documents
Modification History

8.3.1 Policy principles

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8.3.2 Protected disclosures

The Public Interest Disclosure Act distinguishes between PIDs made by public officers (including University employees) and those made by anyone else.

A public officer may make a PID about

• Official misconduct as defined by the Crime and Misconduct Act 2001
• Maladministration that adversely affects anyone’s interests in a substantial or specific way
• Negligent or improper management by a public officer, public sector entity or a government
contractor resulting or likely to result in a substantial misuse of public resources; or
• Conduct by another person causing a substantial and specific danger to public health or safety or to the environment.

Any person (including public officers) may make a PID about:

• A substantial and specific danger to the health or safety of a person with a disability
• A substantial and specific danger to the environment
• Causing, attempting to cause, or conspiring to cause detriment to another person because, or in the belief that, a person has made, or may make, a public interest disclosure.

A person makes a PID if they honestly believe on reasonable grounds that they have information that tends to show conduct or danger that falls within one of the above categories (subjective test); or the information tends to show conduct or danger that falls within one of the above categories regardless of whether or not the discloser honestly believes it (objective test).

The Public Interest Disclosure Act only protects PIDs that are made to a ‘proper authority’. The University is a proper authority for conduct concerning the University, a University employee or behaviour that the University has the power to investigate or remedy. Protected PIDs may also be made to an external public sector agency having investigative powers in relation to particular matters (the Crime and Misconduct Commission for example in the case of official misconduct) or to a member of the Legislative Assembly who may refer it to an appropriate public sector agency.

The Act does not provide protection against reprisals where a PID is made in some other way for example through the media (except in special circumstances outlined in Chapter 2, Part 4 of the Act); those made frivolously or vexatiously; those which primarily question the relative merits of government or university policy; and those that are made substantially to avoid disciplinary action. Disclosures that are wilfully false constitute an offence under the Public Interest Disclosure Act.

The disclosure cannot be based on a mere disagreement over policy that may properly be adopted about amounts, purposes and priorities of expenditure.

The Office of the Registrar can provide information and advice about making PIDs and the protections available to those who do so. University employees are encouraged to report wrongdoing and to seek assistance when doing so.

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8.3.3 Making a disclosure

The University has established the following procedure for employees making a PID. To ensure PIDs are recognised as such, and appropriately investigated, it is preferable that a disclosure is made in writing and can be made to:

• the employee’s supervisor or other University officer
• the Registrar
• the Vice-Chancellor, in the case of a disclosure about the Registrar.

However, the Act provides that a PID may always be made to:

• the Vice-Chancellor
• a member of University Council
• the Director, Assurance and Risk Management Services
• the State Ombudsman if it concerns maladministration or waste of public resources
• the Crime and Misconduct Commission if it concerns official misconduct, or
• a member of Parliament who may refer it to a relevant public sector entity.

If a supervisor or other University officer receives a PID verbally they should encourage the discloser to put the information in writing. If the discloser is unable or unwilling to do so, the supervisor, or other University officer, should document it and ask the discloser to confirm the contents before signing it and referring it to the Registrar (or to the Vice-Chancellor if the disclosure is about the Registrar).

A disclosure can be made anonymously, however this is not preferred as it can make the disclosure more difficult to investigate and the University will not be able to inform the discloser of the results of any investigation..

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8.3.4 Assessment of disclosure

When a disclosure is made to a supervisor or other University officer, the supervisor or other University officer must refer the disclosure immediately to the Registrar. If the disclosure is about the Registrar, it should be referred to the Vice-Chancellor, who will then be responsible for the disclosure.). The Registrar is the University’s central contact point for the receipt and assessment of all PIDs.

In assessing the disclosure the Registrar will determine if:

• the disclosure concerns a matter about which a PID can be made
• the person making the disclosure is able to receive the protection of the Act
• the disclosure meets either the subjective or objective test set out in the Act and this policy
• the disclosure has been made by an individual or entity who may receive a PID
• the disclosure has been made in accordance with the University's procedure or to a person listed in the Act.

If there is doubt whether a disclosure is a PID the Registrar will assume the disclosure is protected and manage it as if it is a PID.

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8.3.5 Investigation

Upon receiving a PID the Registrar will first determine whether it is to be referred to another entity such as the Crime and Misconduct Commission. This referral will be in accordance with legislative and other requirements.

Having determined a matter is a PID, and to ensure the information is investigated and the discloser protected, the Registrar may develop an investigation and protection plan in consultation with the discloser. The assessment of the risk to the discloser and others associated with the discloser will be made in accordance with QUT’s Risk Management Framework and the protective measures will be proportionate to the risk and potential consequences of any reprisal.

The plan will address whether immediate action needs to be taken to halt the conduct or remedy the danger to which the PID relates and will recommend action to be taken to avoid reprisals against the discloser. This should include an assessment of the discloser’s need for employee assistance or other support.

The Registrar will also consider QUT’s obligations to any subject officers.

The Registrar may consult with other relevant University officers (while maintaining the confidentiality of the person making the disclosure). The University may choose to appoint an internal or external investigator, as appropriate. However, the disclosure will not be referred outside the University without first consulting the discloser, unless required under other relevant legislation.

Any personnel (whether internal or external to the University) involved in the investigation will be fully briefed on their obligations under the Public Interest Disclosure Act and this policy, and the consequences of any breach of the obligations.

Reasonable information will be provided to the discloser regarding the likely timeframe of any investigation, their involvement in the process, the importance of maintaining confidentiality, the protections that will apply, how progress and outcomes will be advised, and a point of contact in relation to further information or concerns about reprisals. The contact person should be someone separate from the investigation function and have sufficient authority to ensure the discloser has appropriate support and protection from reprisals.

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8.3.6 Report

Once a disclosure has been investigated, a report of the investigation will be provided to the Registrar. The report may contain recommendations for further action. Where reasonable the report (or an edited extract of the report) will be forwarded to the discloser.

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8.3.7 Action

The Registrar will decide what further action (if any) will be taken on the disclosure.

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8.3.8 Confidentiality

The University will, to the greatest extent possible, keep the disclosure and the identity of the discloser confidential.

Obligations of natural justice and procedural fairness may require the information tending to reveal the identity of the discloser may be made available to other people (eg a person accused of serious misconduct). Such a disclosure will only be made where it is unlikely that a reprisal will be taken against the person making the disclosure.

Breaching the obligation of confidentiality is an offence, and may also be misconduct or serious misconduct.

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8.3.9 Record keeping and reporting

Although PIDs are required to be kept confidential, the University has some reporting and recordkeeping obligations imposed on it, both under the Public Interest Disclosure Act and other Acts that prevail over this obligation of confidentiality.

The Registrar must keep a secure record of all PIDs or purported PIDs received by the University. These records will be kept in the central records system as limited access files and will be strictly confidential.

The Registrar is responsible for fulfilling the University's reporting obligations under the Public Interest Disclosure Act, which includes the requirement to provide to the Public Service Commission (PSC) a range of specified information about PIDs in an electronic form as required. The PSC will then use this information to provide an annual report to government.

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8.3.10 Reprisals

The Public Interest Disclosure Act provides that a person must not cause, or attempt to conspire to cause, detriment to another person because, or in the belief that, anybody has made, or may make, a PID. Such conduct is called a reprisal. Reprisals are not condoned or tolerated by the University.

In addition to it being in direct contravention of QUT policy to support the reporting of wrongdoing, taking a reprisal action may also constitute official misconduct and be reported to the Crime and Misconduct Commission.

Any information about reprisals at the University should immediately be referred to the Registrar. Any such information is a PID and will be to be treated in accordance with this policy.

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8.3.11 Further information

Further advice about this policy can be obtained from the Office of the Registrar or the Director, Assurance and Risk Management Services.

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Related Documents

MOPP B/8.1 Code of Conduct

MOPP B/8.7 Conflict of Interest

MOPP B/8.2 Official misconduct

MOPP B/8.6 Corruption and Fraud Policy

QUT Risk Management Framework

Public Interest Disclosure Act 2010 (Qld)

Crime and Misconduct Act 2001

Making a public interest disclosure – A guide for individuals working in the public sector

Handling a public interest disclosure – A guide for public sector managers and supervisors

Managing public interest disclosures – A guide for public sector organisations

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Modification History

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