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Overview
Public Interest Disclosure Act
• Commences 31 July 2009.• It is the NT ‘Whistleblowing’ legislation.• Creates the Commissioner for Public Interest
Disclosures.– independent statutory officer– Information Commissioner / Commissioner for PIDs
Overview of Process
• Person makes a ‘public interest disclosure’.• Assessed by Commissioner for PIDs.
Assessment – Step 1
Assessment – Step 2
Assessment – Step 3
Overview of Process
• Person makes a ‘public interest disclosure’.• Assessed by Commissioner for PIDs.• Investigated by Commissioner for PIDs.
Investigation
• Subject to the principles of natural justice:– No bias;– Opportunity to comment.
• Must be conducted in private.• Otherwise, manner of investigation up to
Commissioner for PID.
Investigation Process
• The Chief Executive of the public body is notified.• Commissioner for PID can:
– Enter premises and require reasonable assistance to do so;– Request information:
• Orally, on the spot;• By written notice, within a reasonable time;
– Require a person to attend for an interview.• Offence not to comply.• Offence to provide misleading information.
Investigation Process
• Offence to obstruct / hinder investigation.• Commissioner required to conduct interview
in private.• Need to observe confidentiality so as to avoid
hindering the investigation / obstructing it being conducted in private.
Overview of Process
• Person makes a ‘public interest disclosure’.• Assessed by Commissioner for PIDs.• Investigated by Commissioner for PIDs.• Internal report issued to public body.• Public body has ‘reasonable time’ to implement
recommendations of internal report.• If inadequate implementation, the Commissioner for
PIDs issues public report, tabled in Parliament.
Reprisals
What is an act of reprisal?
If you do something to:– try to stop someone from reporting improper
conduct to the Commissioner; or – try to stop them cooperating with the
investigation; or – get back at someone for having cooperated with
the investigation or having spoken to the Commissioner
you may be committing an act of reprisal.
It is an offence
If your actions in committing a reprisal:– cause someone injury, loss or damage; or – are experienced as intimidation or harassment; or – result in a person being discriminated, disadvantaged, or
adversely treated in relation to their employment, career, profession, trade or business
then you may have committed an offence punishable by up to two years imprisonment.
You may have to paycompensation
• Court may order you to pay costs of harm.• Who pays?
– If act of reprisal in the course of employment, then arguably the public body.
– If not, then the individual who caused the harm.
FAQ
• How does suing for a reprisal fit with workers comp (suing under the Workers Rehabilitation and Compensation Act)?
• What if I need to performance manage / discipline someone for genuine reasons?
• What if I don’t know someone disclosed to the Commissioner – how would I know to treat them with special care?
Relocation
New relocation provision
A person can request relocation because of:• an act of reprisal; or• an apprehended act of reprisal.
Request made to Chief Executive.
Reviewed by: • OCPE if public sector employee; • Commissioner for PID if not public sector employee.
Case Study
Dan & Lisa
• L learns D is about to disclose about her friend• L questions Dan every 1-2 days, tries to persuade
him not to disclose.• L knows D sometimes sees a psychologist and in
frustration she shares this with other co-workers and wonders whether he is unstable.
• D dreads the thought of coming to work and facing Lisa’s questions. When he learns L told co-workers about personal therapy, D is very upset.
Dan & Lisa
Could Lisa’s behaviour be a reprisal?A. Yes, because she is intimidating and harassing Dan
to discourage him from reporting.B. No. Her behaviour might upset him but it doesn’t
cause him ‘harm’ in a way that would be a reprisal.C. Yes, but only because she suggested he was
‘unstable’, and that was misleading.D. No, because Lisa is a co-worker at Dan’s level.
Dan & Lisa
Could Lisa’s behaviour be a reprisal?A. Yes, because she is intimidating and harassing Dan
to discourage him from reporting.
More Information
www.blowthewhistle.nt.gov.au
What next?
• Go to our website to learn more about the Act.• Raise awareness with managers in your public body
about the Act.• Encourage / require employees in your public body
(or unit) to do the training modules.• Contact us to provide training for your area.
