Make a Public Interest Disclosure

Submit a PID online

If you need help using the portal, wish to have a public interest form sent to you, or you want to make a public interest disclosure by phone, please call 1800 518 197(opens in a new window). We will try to call you back within one business day.

If you have difficulty speaking English, you can get help from the Translating and Interpreting Service on 131 450.

Improper conduct includes:

• corrupt conduct
• conduct that would be a criminal offence
• serious professional misconduct
• dishonest performance of public functions
• intentional or reckless breach of public trust
• intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body
• a substantial mismanagement of public resources
• a substantial risk to the health or safety of one or more persons
• a substantial risk to the environment
• conduct of any person that adversely affects the honest performance of a public body or public officer or that is intended to adversely affect the effective performance of a public body or public officer for a specified benefit, or conduct that constitutes a conspiracy or attempt to engage in improper conduct.

Improper conduct does not include conduct which is trivial.

Detrimental action includes:

• action causing injury, loss or damage
• intimidation or harassment
• discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action
• inciting or permitting someone else to take the above action.

A public interest disclosure may be made about:

Public bodies, including:

• public sector bodies (including public service bodies, public entities and special bodies)
• incorporated or unincorporated bodies established under an Act for a public purpose, including universities
• the Electoral Boundaries Commission
• a council (established under the Local Government Act 2020)
• a body performing a public function on behalf of the State or a public body or public officer (for example, a regulatory function or a publicly funded function).

Public officers, including:

• public servants, including Integrity Oversight Victoria and IBAC officers
• local government councillors and council employees
• university employees and teachers
• Victoria Police personnel
• Members of Parliament, including ministers
• ministerial officers, parliamentary advisers and officers, electorate officers
• judicial officers, including coroners, members of the Victorian Civil and Administrative Tribunal, associate judges, judicial registrars
• statutory office holders, including the Auditor-General and the Victorian Ombudsman, and the Director of Public Prosecutions
• the Governor, Lieutenant-Governor or Administrator of the State.

The conduct of any person:

• that adversely affects the honest performance of a public body or public officer
• that is intended to adversely affect the effective performance of a public body or public officer and results in that person or an associate of the person getting a specified benefit, or
• that could be a conspiracy or attempt to engage in improper conduct.

A public interest disclosure cannot be made about:

• a court
• an investigating panel
• a member of an investigating panel.

• IBAC or IBAC officers
• Integrity Oversight Victoria or Integrity Oversight Victoria officers
• a Public Interest Monitor.

If the subject of your public interest disclosure is not listed above you may make your disclosure to:

• IBAC
• the Victorian Ombudsman
• Integrity Oversight Victoria
• a public service body (if you are a member, officer or employee of that public service body)
• a council or Chief Municipal Inspector if it relates to the conduct of a council or of a member, officer or employee of a council
• a council or Chief Municipal Inspector if you are a member, officer or employee of that council unless it is required to be made to another entity under Section 14 or 17(3) or relates to a member of Parliament.

We can receive a public interest disclosure about:

• IBAC or an IBAC officer
• a Public Interest Monitor
• a Victorian Ombudsman officer
• a Victorian Auditor General’s Office officer
• the Chief Examiner or an Examiner appointed under section 21 of the Major Crime (Investigative Powers) Act 2004
• a Judicial Commission of Victoria officer, other than a judicial member of the Board of the Judicial Commission of Victoria
• the Parliamentary Workplace Standards and Integrity Commission or a Parliamentary Workplace Standards and Integrity Commission officer
• a council or a member, officer or employee of a council
• any other Victorian public officer or Victorian public body, unless required to be made to another entity under Section 14 or 17 of the PID Act.

We cannot receive public interest disclosures about:

• Integrity Oversight Victoria or one of our officers
• a court
• an investigating panel or a member of an investigating panel.

Legal protections

You will receive the following legal protections for making a disclosure that is a public interest disclosure:

• protection from detrimental action taken or proposed to be taken against you or another person in reprisal for making a public interest disclosure, including (where possible) the opportunity to request a transfer of employment
• protection from committing an offence or for breaching any confidentiality obligations you might have with respect to the information you have provided within your public interest disclosure
• protection from civil or criminal liability or an action of defamation for making a public interest disclosure.

Limits on legal protections

You are still liable for any of your own conduct that you have disclosed.

Additionally, a number of the protections in the PID Act do not apply if you knowingly provide false or misleading information within your public interest disclosure.

Also, a person who makes a disclosure is not protected against legitimate management action being taken in relation to them. Management action will not be legitimate if it is taken or proposed to be taken in revenge for the making of a public interest disclosure.

The PID Act imposes a number of confidentiality requirements in relation to the receipt and handling of assessable disclosures in an attempt to minimise the risks of revenge for making a public interest disclosure.

Breaching these confidentiality restrictions, without lawful excuse, is an offence.

The confidentiality restrictions and their exceptions are set out in section 52, 53 and 54 of the PID Act.

The 2 main confidentiality restrictions are:

1. The content of a public interest disclosure must be kept confidential

The PID Act prohibits the disclosure of the content, or information about the content, of any disclosure that has been assessed as a public interest disclosure.

This confidentiality restriction applies to a person or body that receives a public interest disclosure, or that is provided with information about a public interest disclosure by an investigating body who is assessing or investigating the disclosure.

This restriction does not apply to the discloser.

2. The identity of a person making a public interest disclosure must be kept confidential

The PID Act prohibits the disclosure of information that would be likely to lead to the identification of a person who has made a public interest disclosure.

This restriction applies to any person or body, other than the discloser.

Exceptions to confidentiality requirements

The above confidentiality restrictions/requirements do not apply where:

• a person or body discloses the confidential information for the purposes of exercising their functions under the PID Act
• the confidential information is disclosed by an investigating entity for the purpose of the exercise of functions under the Act that authorises that investigating entity to investigate the public interest disclosure
• IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee determines that the disclosure is not a public interest complaint
• the disclosure of confidential information is made by an investigating entity to Victoria Police where relevant to a Victoria Police investigation of criminal conduct
• the disclosure of confidential information is for the purpose of a proceeding for an offence or a disciplinary process under a relevant Act
• the disclosure of confidential information is necessary for the discloser to obtain legal advice or representation, interpretive services, the advice of a parent or guardian (for disclosers under 18 years), the advice of an independent person (for disclosers who are illiterate or have mental or physical impairments)
• the disclosure of confidential information is for the purpose of assisting the discloser to seek advice or support from a registered health practitioner or trade union or employee assistance program
• the disclosure of the confidential information is to WorkCover for a workers compensation claim or for an application to the Fair Work Commission
• the content, or information about the content of a public interest disclosure is disclosed in accordance with a direction or authorisation from the investigating entity that is investigating the public interest disclosure after it has been determined to be a public interest complaint
• the content, or information about the content of a public interest disclosure is disclosed for the purpose of taking lawful action (including a disciplinary process) in relation to the conduct that is subject of the disclosure
• the discloser gives prior written consent to disclose information that would be likely to lead to their identification as the person who made the public interest disclosure.

There are a number of offences (including criminal offences) for breaching obligations under the PID Act and Integrity Oversight Victoria Act 2011 (IOV Act). To ensure that you comply with the PID Act, IOV Act and other laws, it is important that you are aware of your legal obligations.

Making a false disclosure

It is a criminal offence under Section 72 of the PID Act to provide information that you know is false or misleading with the intention that the information be acted on as a public interest disclosure.

Making false claims

It is an offence under Section 73 of the PID Act to claim that a matter is the subject of a public interest disclosure or has been determined by IBAC or Integrity Oversight Victoria to be a public interest complaint, when you know that claim is false.

These offences carry a fine of up to 120 penalty units or 12 months imprisonment, or both.

Disclosing advice received from Integrity Oversight Victoria