Whistleblower Guide

The Whistleblowers Protection Act 2001 ("the Act") supports the Government's commitment to the principles of open, honest and accountable governance. The purpose of the Act is to:

• Encourage and assist whistleblowers in making disclosures of improper conduct by public officers and public bodies;
• Establish a system for matters to be investigated;
• Protect whistleblowers from adverse consequences as a result of making a disclosure;

Improper conduct includes corrupt conduct, substantial mismanagement of public resources; or a substantial risk to public health, safety or the environment.

How do I make a whistleblower disclosure?

Any person can make a disclosure of improper conduct about the Department of Primary Industries ("the department"), its staff or a funded agency.

You can make a disclosure under the Act either orally or in writing. You may also make an anonymous disclosure.

If you make a whistleblower disclosure that involves an agency funded by the department, you can contact either the DPI Protected Disclosure Coordinator ("PDC") or the Ombudsman directly for advice.

Why would I want to be a whistleblower?

An individual receives the protections of the Act if their allegation satisfies the definition of a protected disclosure. These protections include:

• The right to sue for damages or to stop action in reprisal;
• Immunity from liability for breaching confidentiality provisions in other Acts;
• Immunity from civil and criminal liability and disciplinary action for making a disclosure;
• Ombudsman/Department is required not to reveal identity of a whistleblower.

The Act requires the department to establish procedures for the protection of a whistleblower from reprisal for making protected disclosure. This may include the appointment of a welfare manager to monitor the needs of the whistleblower and to provide advice and support.

Keeping the whistleblower’s identity confidential assists the department in minimising the risk of reprisals. If you have made a disclosure, it is in your own interests to keep disclosures confidential by only discussing related matters with authorised persons within the department, such as the PDC, or officers of the Ombudsman's office.

What happens if I become a whistleblower?

Once a disclosure is made to the department, the PDC must assess whether the allegation meets the criteria of Part 2 of the Act to be a protected disclosure. To meet these criteria, you must have reasonable grounds for the belief that a public officer or public body has engaged in improper conduct. Improper conduct is conduct that if proved, would be a criminal offence, or would constitute reasonable grounds for the dismissal of the officer.

If Part 2 of the Act is satisfied, the PDC must then reach a conclusion as to whether the disclosure also satisfies Part 4 of the Act for it to be a public interest disclosure. To satisfy Part 4 of the Act, your disclosure must show or tend to show that the officer or the department has engaged, is engaging or intends to engage, in improper conduct.

When the PDC has reached their conclusion they will contact you and advise the outcome and details of what will happen next. Allegations determined to be public interest disclosures will be referred to the Ombudsman for determination. Only matters determined by the Ombudsman as public interest disclosures can be investigated under the Act.

Where the PDC concludes that your allegations are not a public interest disclosure, you may request that the matter be referred to the Ombudsman for reconsideration. Allegations that are not considered to be public interest disclosures may still need to be investigated and responded to by the department under the department's normal complaints process. Alternatively, you can refer the matter to the Ombudsman for consideration as a complaint under the Ombudsman Act 1973.

Disclosure process

I need more information

Please contact:

DPI Protected Disclosure Coordinator

Department of Primary Industries 1 Spring Street Melbourne Vic 3001 Telephone: (03) 9658 4012

Ombudsman Victoria

Level 9 North Tower 459 Collins Street Melbourne Vic 3000 Telephone: 1800 806 314

If you would like to receive this information/publication in an accessible format (such as large print or audio) please call the Customer Service Centre on 136 186, TTY 1800 122 969, or email customer.service@dpi.vic.gov.au.