Changes to Victoria’s whistleblower legislation came into effect on 1 January, with public sector agencies urged to update their policies and procedures in response to the changes.
Chief Executive at the Independent Broad-based Anti-corruption Commission (IBAC), Alistair Maclean said IBAC was working with departments and agencies to help them interpret the changes.
“These changes affect how improper conduct and corruption in the Victorian public sector can be reported, and the protections available to those who report,” Mr Maclean said.
“They aim to better accommodate and encourage disclosures about wrongdoing in public office,” he said.
Mr Maclean said under the new legislation, the terms Protected Disclosure and Protected Disclosure Complaint had been replaced with the terms: Public Interest Disclosure (PID); and Public Interest Complaint (PIC).
He said the changes would make it easier for ‘whistleblowers’ to make a disclosure.
“It’s important public sector bodies have adequate policies, procedures and systems for staff to make a disclosure, and for receiving, assessing and safely handling disclosures.”
Mr Maclean said the new legislation worked to improve access for those making PIDs and flexibility for agencies investigating PIDs.
“The legislation allows a broader range of disclosures to be made, with more independent expert bodies able to investigate disclosures,” he said.
“It also introduces a flexible ‘no wrong door’ approach to ensure disclosures aren’t excluded if they are inadvertently sent to the wrong body.”
He said the new legislation also provided: a lower threshold for making PIDs to IBAC; increased flexibility and alternative pathways for investigating agencies to handle PIDs and PICs; and modified confidentiality arrangements.
He said IBAC’s research found that Victorians feared victimisation if they reported suspected corruption.
“This finding shows more needs to be done to ensure that people know protections are available if they report suspected public sector corruption and police misconduct.”
“Public sector agencies can build a willingness to report wrongdoing through positive, affirming messaging to staff and all portfolio agencies, valuing those who come forward,” Mr Maclean said.
Further information on the legislation is available on IBAC’s website at this PS News link.
