The Public Interest Disclosure Act 2013 (the PID Act) promotes accountability and integrity in the Commonwealth public sector, by:
- encouraging the disclosure of information about suspected wrongdoing and maladministration
- supporting and protecting disclosers and others from reprisals, and
- ensuring that public interest disclosures are effectively dealt with.
Under the PID Act, public officials can report concerns about suspected wrongdoing in the Commonwealth public sector. Examples include conduct that:
- contravenes a law
- is corrupt
- perverts the course of justice
- is an abuse of public trust
- constitutes maladministration
- results in wastage of public funds or property
- unreasonably results in (or risks) a danger to a person’s health and safety
- results in a danger (or risk thereof) to the environment
- involves a public official abusing their position
- may be grounds for disciplinary action that could result in termination of the official’s engagement or appointment.
Safe Work Australia follows certain procedures for making and dealing with public interest disclosures under the PID Act (see our Procedures for Making and Dealing with Public Interest Disclosures).
Who can make a disclosure
Generally, a discloser must be a current or former public official of the Commonwealth. This includes if you:
- are an employee of Safe Work Australia
- have ever worked for Safe Work Australia
- provided a service to Safe Work Australia under a Commonwealth contract.
In certain circumstances, an authorised officer may determine that someone who is not a public official may be covered by the PID Act.
Protections under the PID Act
The person making the disclosure (‘discloser’) covered by the PID Act, and others who provide assistance in relation to a PID (‘witnesses’) may benefit from certain protections, including:
- Immunity from civil, criminal and administrative liability (including disciplinary action)—unless they knowingly making a false or misleading statement, or for a disclosure involving their own conduct
- protection from reprisal actions or threats of reprisal action as a result of a PID (such as being bullied or dismissed).
Safe Work Australia has a duty to protect disclosers and other public officials that belong to Safe Work Australia from reprisals.
Disclosers and other public officials should raise any concerns about reprisal action with an authorised officer, so the risk can be managed.
How to make a disclosure
To gain the protections of the PID Act, you must disclose your concerns to an authorised recipient and follow the process below.
You can make a disclosure:
- anonymously or openly
- orally (in person or by phone)
- in writing (by email or post):
You can write to an authorised officer at:
Authorised Officer
Public Interest Disclosure
Safe Work Australia
GPO Box 641 CANBERRA ACT 2601
You can also email PID@swa.gov.au for information on making a disclosure, or to request the names and contact details of Safe Work Australia’s Authorised Officers.
If you prefer, you can also make a disclosure to the Commonwealth Ombudsman. The Ombudsman may pass on the disclosure to us for investigation.
What information to include
To help us assist you and investigate your disclosure, please consider including:
- your name and contact details (unless you want to remain anonymous)
- as much detail as possible about the alleged wrongdoing, including who did it, when it happened, if anyone else was there, and what else was happening at the time
- if you responded in any way
- details of other witnesses
- any supporting evidence, and
- any concerns about possible reprisals as a result of making your disclosure.
Please note that if you choose to remain anonymous, it may limit our ability to investigate the disclosure.
If you do identify yourself, we will keep your identity confidential. Make sure you act in a way that is consistent with this, such as not identifying yourself as a discloser to anyone who is not involved in managing the PID.
It is important that you do not attempt to investigate the allegations yourself or obtain information which you do not have authorisation to access.
Further advice
You can also read more about our how we manage disclosures in the Safe Work Australia Procedure for Making and Dealing with Public Interest Disclosures
The Commonwealth Ombudsman is responsible for the public interest disclosure scheme and has more information for disclosers.