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Frequently Asked Questions

What protection do I recieve as a Whistleblower?

The protections provided to the whistleblower once an allegation has been formally assessed as a protected disclosure are:

• immunity from civil and criminal liability and disciplinary action for making the disclosure;
• immunity from liability for breaching confidentiality provisions;
• protection from actions in defamation for the making of the disclosure;
• the right to sue for damages or to seek an injunction to stop actions in reprisal; and
• the identity of the whistleblower or information that would lead to the whistleblowers identification cannot be revealed.

Does information given by a witness during an investigation become a protected disclosure?

If information provided by a witness satisfies the criteria set out in Part 2 of the Act, it will become a protected disclosure. Protected disclosures provide that information provided in an interview must be kept confidential. Unauthorised disclosure of such information is an offence under section 22 of the Act.

What notification do whistleblowers receive about action taken in relation to a disclosure made?

The whistleblower must be notified of:

• whether or not the information provided amounts to a public interest disclosure,
• the findings of any investigation; and
• action taken where improper conduct has been found to have occurred.

Can the whistleblower appeal a decision not to investigate a disclosure?

When a whistleblower makes a disclosure to a public body, the public body will determine whether it is a public interest disclosure. If interpreted as a puiblic interest disclosure, it will be referred to the Ombudsman for final determination. If the public body finds the disclosure not to be a public interest disclosure, the whistleblower is advised of this and may then have the matter referred to the Ombudsman for reconsideration.

If a disclosure is made directly to the Ombudsman, or referred to the Ombudsman by a public body, the Ombudsman must decide whether it is a public interest disclosure. There is no appeal from this decision.

Allegations or complaints determined not to be a public interest disclosure may still need to be investigated and responded to by a public body under the complaints handling processes.