1. Purpose and intent of the policy
To ensure that Moyne Shire Council, as a public body subject to the Public Interest Disclosures Act 2012 (“the Act”) upholds the requirements of the Act. The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct of public officers and public bodies, including the council, its staff, employees, and councillors, and the taking of detrimental action in reprisal for making disclosures under the Act.
2. Introduction
The Moyne Shire Council is committed to the aims and objectives of the Act. It recognises the value of transparency and accountability in its administrative and management practices. The council does not tolerate improper conduct by the organisation, its employees, officers, or councillors, nor the taking of reprisals against those who come forward to disclose such conduct. The council recognises the courage it takes to come forward and make disclosures under the Act and encourages those who have legitimate concerns to raise them and to receive the protections available to disclosers under the Act.
3. Who this policy applies to
This policy applies to all members of the public, contractors, councillors, committee members, volunteers, and employees of Moyne Shire Council.
This policy applies to disclosures made to the council before the date of this policy, whether the disclosure is referred to as a “protected disclosure” (before 1 January 2020) or as a public interest disclosure (from 1 January 2020).
4. Definitions
Detrimental action
Is defined in the Public Interest Disclosures Act 2012 and provided in full in the Public Interest Disclosures Procedure.
Discloser
A person who makes a disclosure that may be a PID.
Disclosure
Any complaint, concern, matter, allegation, or disclosure (however described) that may be a PID.
Guidelines
The guidelines published by the IBAC under s57 of the Public Interest Disclosures Act as at January 2020 .
IBAC
Independent Broad-based Anti-corruption Commission .
IBAC Act
Independent Broad-based Anti-corruption Commission Act 2011 .
Improper conduct
has the meaning given in section 4 of the Public Interest Disclosures Act 2012, and outlined in full in the Public Interest Disclosures Procedure .
PID
Public interest disclosure .
Public interest disclosures coordinator
The representative of Moyne Shire appointed to manage the internal reporting system and maintain oversight of the public interest disclosures system.
Public interest disclosures officer
the representative of Moyne Shire appointed to manage and provide advice on the operation of the policy, procedure, and Act, and whom can receive disclosures
The Act
The Public Interest Disclosures Act 2012
5. Policy details
What can disclosures be about?
Under the Act, disclosures can be made about “improper conduct” engaged in by the council, its employees and councillors (as well as other public bodies and public officers). Disclosures may also be made about “detrimental action” taken (or suspected may be taken) in reprisal against a person connected with a disclosure made under the Act.
The conduct or action being disclosed may have taken place, still be occurring, or is believed will occur or be engaged in.
The Act provides definitions of “improper conduct” and “detrimental action”. For more information about what those terms mean, see the council’s Public Interest Disclosures Procedures (PID Procedures). For more information about the council’s PID Procedures, including how to obtain a copy, see section “How to make a disclosure” below. You may also find more information about public interest disclosures on the website of the Independent Broad-based Anti-Corruption Commission. What is a public interest disclosure? | IBAC (opens in new window)
Who can make a disclosure?
Any individual (or group of individuals) may make a disclosure under the Act. Companies and businesses may not make disclosures. A member of the public, or an officer of another body or an employee, member or councillor of Moyne Shire Council may all make disclosures under the Act.
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.
In addition, the Act requires the council’s chief executive officer to notify the IBAC of any matter which they suspect on reasonable grounds involves corrupt conduct that has occurred or is occurring.
How to make a disclosure
The council’s PID Procedures, established under s 58 of the Act, set out how to make a disclosure to the council and provide information about how to make a disclosure to other bodies that can receive disclosures under the Act, such as the IBAC and the Victorian Ombudsman.
The PID Procedures are available at: Public interest disclosures (moyne.vic.gov.au).
If you are not able to access an online copy or would like a copy sent to you, please contact customer service in person at Princes Street, Port Fairy, by post at PO Box 51, Port Fairy VIC 3284, (03) 5568 0555 or by email to the official email address of the public interest disclosures coordinator, or public interest disclosures officer, listed in the “For more information” section.
To ensure the Moyne Shire can meet its obligations for confidentiality under the Act, submissions should not be made to any other email, including general contact emails.
Council’s role
If the council receives a disclosure made in accordance with the requirements of the Act, it will notify the disclosure to the IBAC for assessment. The Act governs how the council must interact with the IBAC or any other investigating entity to which the IBAC has referred the disclosure. For more information about how the IBAC handles disclosures, see What happens to your complaint | IBAC (opens in new window)
The council is also committed, and required by the Act, to proactively ensure that it protects the welfare of disclosers and people connected with a disclosure. These obligations may differ depending on whether those individuals are members of the public or an employee or member of the council. Detailed information about how the council handles welfare management of relevant individuals under the Act is set out in the council’s PID Procedures.
Confidentiality
Moyne Shire Council takes its confidentiality obligations under the Act seriously. This includes the requirement to protect the identity of a discloser and persons connected with a disclosure (including persons who are the subject of allegations). Maintaining confidentiality in relation to public interest disclosures matters is crucial, among other things, to help protect against detrimental action being taken against a discloser. It is a criminal offence under the Act to disclose information which could lead to the identification of persons connected with a public interest disclosure, and of information connected with that disclosure. The penalties for breaching confidentiality obligations include significant financial penalties and imprisonment.
For more information
The council has appointed Alison Toohey, manager governance and corporate planning, as the council’s public interest disclosures officer to handle enquiries about its obligations under the Act.
If you wish to obtain further information about council’s public interest disclosures policy or procedures, or if you wish to arrange a confidential meeting to discuss any matters of concern, Alison may be contacted in person at Princes Street, Port Fairy, by post at PO Box 51, Port Fairy VIC 3284, by telephone on (03) 5568 0571 or alison.toohey@moyne.vic.gov.au.
A copy of the council’s PID Procedures can also be accessed council’s website
6. Relevant legislation / references
Public Interest Disclosures Act 2012
Public Interest Disclosures Regulations 2019
Independent Broad-based Anti-corruption Commission Act 2011
IBAC’s Guidelines for making and handling protected disclosures (January 2020)
IBAC’s Guidelines for protected disclosure welfare management (January 2020)
IBAC’s Making a Complaint to IBAC Fact sheet (January 2024)
Public Interest Disclosures Procedures
Codes of Conduct
Disciplinary Policy
Risk Policy
Fraud and Corruption Control Policy
Complaint Handling Policy
Procurement Policy
7. Gender impact assessment
A gender impact assessment is being undertaken
8. Human rights charter
This policy does not impact negatively on any rights identified in the Charter of Human Rights and Responsibilities Act 2006 (Vic).
9. Policy owner
Manager Governance and Corporate Planning