Public Interest Disclosure

The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct and detrimental action by public officers and public bodies. It does so by providing certain protections for people who make a disclosure, or those who may suffer detrimental action in reprisal for making a disclosure. An essential component of this protection is to ensure that information connected to a protected disclosure, including the identity of a discloser and the contents of that disclosure, are kept strictly confidential.

A disclosure may be made about 2 things under the Act:

• improper conduct of public bodies or public officers; and
• detrimental action taken by public bodies or public officers in reprisal against a person for the making of a protected disclosure.

The Act provides definitions about improper conduct and detrimental action. For more information about what those terms mean, see the Council’s (PDF, 178KB)Public Interest Disclosures Policy(PDF, 344KB) (PDF, 178KB) (see further below about “how to make a disclosure” about how to access or obtain a copy of those procedures). You may also find more information about protected disclosures from the website of the Independent Broad-based Anti-corruption Commission (“IBAC”): 

IBAC - Public Interest Disclosures

If the Council believes a disclosure may be a public interest disclosure (protected disclosure) made in accordance with the Act, it will notify the disclosure to the IBAC for assessment. The IBAC will then deal with the disclosure. 

Any individual natural person (eg, not an organisation or company) may make a disclosure under the Act. The individual could be a person within the organisation, or any member of the public externally. Individuals may also make a joint disclosure.

Disclosures may be made in a number of ways set out in the Act, including anonymously, in writing or orally. You need not identify the person or body about whom the disclosure is made in order to make a disclosure under the Act. 

As required under the Act, Mansfield Shire Council has established procedures to facilitate and encourage the making of disclosures under the Act and how the Council handles any such disclosures received.  These procedures can be found in Council's Public Interest Disclosures Policy(PDF, 357KB) , and contains detailed information about who can receive disclosures, for example, the Council, the IBAC and the Ombudsman, and how you can go about making such disclosures to us or to those bodies.

If you are not able to access an online copy or would like a copy sent to you, please contact Council's General Manager Community and Corporate Services, Dena Vlekkert, so that a copy of our Policy can be provided to you.

Mansfield Shire Council takes its obligations under the Act seriously. This includes the requirement to protect the identity of the discloser and the matters disclosed by a discloser. Maintaining confidentiality in relation to protected disclosure matters is crucial, among other things, in ensuring reprisals are not made against a discloser. It is a criminal offence under the Act to disclose information connected with a disclosure made in accordance with the Act, including the identity of the discloser. The penalties for breaching confidentiality obligations include financial penalties and imprisonment.