5.8 Whistleblower Protection Act
The Whistleblower Protection Act 2001 facilitates the making of disclosures about improper conduct by public bodies and public officials and provides a number of protections for those who come forward with a disclosure (‘whistleblowers’). It also provides for the investigation of disclosures that meet the definition, as detailed in the Act, of a ‘public interest disclosure’.
The main objectives of the Act are to:
- promote a culture in which whistleblowers feel safe to make a disclosure
- protect people who disclose information about serious wrongdoing within the public sector from recrimination or other adverse consequences
- provide a framework for investigating disclosed matters
- ensure that investigated matters are dealt with properly.
The Act recognises that improper or corrupt conduct by employees, officers or other staff within the public service should not be tolerated, neither should actions that involve reprisals against those who come forward to disclose such conduct.
The Act makes it clear that public interest disclosures are about serious wrongdoing. 'Improper conduct' is defined as:
- corrupt conduct
- substantial mismanagement of public resources
- conduct involving substantial risk to public health or safety
or - conduct involving substantial risk to the environment.
To further narrow the scope of the behaviour falling within the definition, the Act requires that the above conduct would, if proved, constitute:
- a criminal offence
or - reasonable grounds for terminating the services of the relevant public officer.
Every public body, including departments and their associated statutory authorities, must establish a set of written procedures for handling disclosures made under the Act. If you meet the definition of a ‘public body’ outlined below, your organisation is required to comply with the Act. Public bodies included in the Act are:
- all government departments and administrative offices
- statutory authorities
- municipal councils
- government appointed boards and committees
- government owned companies
- universities
- TAFE colleges
- public hospitals
- state funded residential care services
- health services contractors
- correctional services contractors.
The Act requires that by 1 January 2002, or as soon as practicable thereafter, public bodies as defined in the Act must establish procedures to:
- facilitate the making of disclosures under the Act
- investigate the disclosed matters
- protect the whistleblower from reprisals because of disclosures.
A complete copy of the Whistleblower Protection Act 2001 can be found at http://www.dms.dpc.vic.gov.au (external link) under the 'Victorian Law Today' section.
You may also view the Ombudsman’s guidelines in relation to the Act, which are available at http://www.ombudsman.vic.gov.au (external link)
The Department of Human Services has created its own whistleblower website that may provide valuable information. See http://www.dhs.vic.gov.au/whistleblowers (external link)