Public Interest Disclosure
What is a Public Interest Disclosure?
The Public Interest Disclosure (PID) Act 2018 establishes a process that encourages and facilitates the disclosure of public interest information to certain persons or authorities; this information is a Public Interest Disclosure.
A Public Interest Disclosure is a disclosure (report) which is made by a person who discloses to a relevant authority (in local government that is a council), information which indicates wrongdoing in relation to two types of public interest information:
What is Environmental and Health Information?
Environmental and health information is information that raises a potential issue of a substantial risk to the environment or to the health and safety of the public generally or a significant section of the public, whether occurring before or after the commencement of the PID Act.
Anyone can make a disclosure of environmental and health information.
However, to gain the protections provided under the PID Act, a person who makes a disclosure of environmental and health information:
- Must believe on reasonable grounds that the information is true; or
- Not being in a position to form such a belief, believes on reasonable grounds that the information may be true and is of sufficient significance to justify its disclosure so that its truth may be investigated
To gain the protections provided by the PID Act a public officer must make a disclosure of public administration information to a relevant authority in circumstances where the public officer reasonably suspects that the information raises a potential issue of corruption, misconduct or maladministration in public administration.
For a disclosure to be considered an appropriate disclosure of public administration information it must be made to a relevant authority.
Each relevant authority will have its own procedures in relation to receiving a disclosure of public administration information. You should check with the relevant authority to understand how to make your disclosure to that relevant authority.
What is Public Administration Information?
Public administration information is any information that raises a potential issue of corruption, misconduct or maladministration in public administration (whether occurring before or after the commencement of the PID Act).
While anyone can make a disclosure of public administration information only public officers who make such a disclosure are eligible for the protections provided by the PID Act.
To gain the protections provided by the PID Act a public officer must make a disclosure of public administration information to a relevant authority in circumstances where the public officer reasonably suspects that the information raises a potential issue of corruption, misconduct or maladministration in public administration.
For a disclosure to be considered an appropriate disclosure of public administration information it must be made to a relevant authority.
Each relevant authority will have its own procedures in relation to receiving a disclosure of public administration information. You should check with the relevant authority to understand how to make your disclosure to that relevant authority.
What Protections are given under the PID Act?
When disclosures are made in accordance with the Act, the person making them is protected from reprisal. This means that the person enjoys immunity from civil or criminal liability and is protected from any disciplinary action or dismissal.
How can I make a Public Interest Disclosure?
A person wishing to provide information in accordance with the Public Interest Disclosure Act 2018 may take one of the following options:
Post: Confidential; Responsible Officer, Public Interest Disclosure; PO Box 171 Prospect SA 5082
Email: publicinterest@prospect.sa.gov.au
Or Call Customer Services: 8269 5355 and ask to have your enquiry directed to a Responsible Officer for Public Interest Disclosure.
- Victor DiMaria, Manager Risk & WHS;
- Ginny Moon, Director Corporate Services; or
- Ben Footner, Manager Library Services
You may also remain anonymous, however where a PID is of a complex nature or involves serious allegations, it is recommended that the disclosure be submitted in writing and marked ‘Confidential’.
Fact Sheets:
Related documents:
Where can I find more Information about Public Interest Disclosure?
- The Commissioner’s Interest Disclosure Guidelines can be found here.
- Office of the Commissioner for Public Sector