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Procedures for Whistleblowers

If you have a Whistleblower complaint that involves an agency funded by the department, you can either contact CIIRu or the Ombudsman directly for advice.

Who is a Whistleblower?

A Whistleblower is any person who makes an allegation about improper or corrupt conduct by staff or funded agency of the Department of Human Services.

Protection for Whistleblowers

The Whistleblowers Protection Act 2001 (The Whistleblower Act) creates mechanisims to protect whistleblowers against detrimental action, such as violence, intimidation and discrimination.

To receive the protections in the Whistleblower Act, a whistleblower's allegation must be formally assessed as a 'Protected Disclosure'. That is:

• the allegation must be about improper conduct or detrimental action;
• the conduct must be in regard to a public officer's official role; and
• the whistleblower must believe on reasonable grounds that the conduct occurred.

The allegation must also relate to 'improper conduct'. Improper conduct is any of the following:

• corrupt conduct;
• substantial mismanagement of public resources;
• conduct involving substantial risk to public health or safety; or
• conduct involving substantial risk to the environment.

Furthermore, the conduct must be serious enough that, if proved, it would be a criminal offence, or would constitute reasonable grounds for the dismissal of the officer.

What the Ombudsman can do

After reviewing a whistleblower's allegation, the Ombudsman may conduct an investigation. The Whistleblower will then be advised of the outcome of the investigation, and of any action taken where it is found that improper conduct has occurred.

Alternatively, the Ombudsman may refer the matter to another body for investigation, such as the Auditor-General. It may also be necessary to ask the authority complained about to make inquiries.

Obtaining Advice

If you require further information about making a whistleblower's complaint, you can:

• consult the Ombudsman's Whistleblowers Guidelines on the Ombudsman's website, www.ombudsman.vic.gov.au (external link),
• contact the Protected Disclosure co-odinator on 1300-131-431,
• refer to the departments Whistleblower guidelines.