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The Public Interest Disclosures Act 2002 (the Act) commenced on 1 January 2004.
The objective of the Act is to encourage and facilitate the making of
disclosures about improper conduct by public officers and public bodies
(a public interest disclosure). The Act provides protection for persons
making a disclosure and establishes a system for the matters disclosed to be
investigated and rectifying action to be taken.
What can the disclosure be about?
A disclosure can be made about improper conduct by a public body or public
officer. Improper conduct means conduct that is corrupt, a substantial risk
to public health or safety or to the environment. If proven, this conduct must
be serious enough to constitute a criminal offence or reasonable grounds for
dismissal.
Under the Act it is an offence for a person to take any detrimental action
against a person in reprisal for a protected disclosure. Strict
confidentiality is maintained in relation to any disclosure, even after an
investigation is completed. Any information produced by an investigation is
exempt from the Freedom of Information provisions.
Who does the Act apply to?
The Act applies to all public bodies. Public bodies include all Government
departments, statutory authorities, local Government councils, Government
appointed boards and committees, state-owned companies, Government Business
Enterprises and the University of Tasmania. As a statutory authority, the
Retirement Benefits Fund Board (the Board) is subject to the Act.
The Act does not apply to the private sector.
Who can make a disclosure?
A disclosure can only be made by a public officer or contractor. For the
purposes of the Act a contractor is a person who at any time has entered into
a contract with a public body for the supply of goods or services to that
public body.
A public officer may make a disclosure about any public body. All RBF staff are public officers.
Other public officers include Members of Parliament, Councillors or council employees, members, officers or employees of a public body, member of the governing body of a public body and an office holder under an Act and appointed by the Governor or a Minister.
For a public officer or contractor to make a disclosure they must have reasonable grounds for the belief that a public officer or public body has engaged in improper conduct or created a detrimental action in their official capacity.
How is a disclosure made?
A disclosure may be made directly to the Ombudsman:
The Ombudsman
99 Bathurst Street, Hobart TAS 7000
Phone: 1300 766 725
ombudsman@justice.tas.gov.au
www.ombudsman.tas.gov.au
A disclosure may also be made directly to the Board:
Mr Simon Gillies - Chief Executive Officer
(Protected Disclosure Coordinator)
39 Sandy Bay Road Hobart TAS 7000
Telephone (03) 6233 3783
Mr Leigh Roberts - Executive Manager Stakeholder Services
(Protected Disclosure Officer)
39 Sandy Bay Road Hobart TAS 7000
Telephone (03) 6233 2154
Mr Peter Wise - Manager Business Risk & Legal
(Protected Disclosure Officer)
39 Sandy Bay Road Hobart TAS 7000
Telephone (03) 6233 2749
Further information
The Board's public interest disclosure procedures and the public interest disclosure form are available below. Any person who wishes to make a disclosure should consult these procedures, contact the Public Interest Disclosure Coordinator or the Ombudsman's Office for further advice.
Public Interest Disclosures Act 2002 - RBF Procedures
Public Interest Disclosures Lodgement Form
To access copies of the Act, click on the following link and then type “Public Interest Disclosures Act 2002” into the box that says "for documents that should contain". Ensure that the other two boxes on the same line say "All of these words" and "in the title". Click on the "Search" button.
http://www.thelaw.tas.gov.au/advSearch/index.w3p;msg
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