Making a Public Interest Disclosure and Your Protections
Complaints about certain serious misconduct or corruption involving any of Western Health’s Board members, employees, officers, volunteers can be made directly to the Independent Broad-based Anti-corruption Commission (IBAC).
Independent Broad-based Anti-Corruption Commission (IBAC) Victoria
How to make a disclosure
If you or any person has a concern about "improper conduct" (such as serious misconduct or corruption) involving any of our Board members, employees, officers, volunteers, you are encouraged to disclose your concern to IBAC. You should also contact IBAC if you are worried that someone might take some detrimental action (such as a reprisal) against you, because you have made a disclosureor are co-operating in an investigation.
Your disclosure of improper conduct to IBAC may be determined and assessed by IBAC to be a Public Interest Complaint under Section 26 of the Public Interest Disclosure Act 2012 (Vic) (“the PID Act”). If your disclosure is assessed and determined by IBAC not to be a Public Interest Complaint, your disclosure may be referred back to WH for investigation and so your identity may be made known to WH
Find out more about the complaints process at IBAC.
Our obligations to you when you make a disclosure
The PID Act protects you if you have reasonable grounds to believe the information you have supports your disclosure of improper conduct or detrimental action.
If a disclosure is determined by IBAC not to be a Public Interest Complaint, IBAC may refer the disclosure to WH for investigation, which means your identity as a discloser may be made known to WH. The protections set out in Part 6 of the PID Act apply whether or not the disclosure is assessed and determined by IBAC to be a Public Interest Complaint.
If you or any other person suffer detrimental actions as a reprisal for you making a disclosure, the PID Act sets out remedies that are available to you, in addition to the penalties that may be imposed for WH not protecting you.
WH will only become aware that you are a discloser who may require protection when advised by IBAC. WH will keep all information it receives from IBAC confidential and will manage your welfare, and the welfare if any other relevant persons in accordance with the PID Act. If you are a WH staff member, your welfare management will be undertaken in consultation with our People & Culture team and may involve the appointment of a suitably senior and experienced member of our People & Culture team as a dedicated welfare manager for you. If you are external to WH, we will arrange for reasonable support in consultation with you. One factor in considering the extent of appropriate welfare management is the likelihood of any detrimental action against you or any other relevant person as a reprisal for your disclosure.
A copy of WH’s Public Interest Disclosures Procedure may be requested in confidence or anonymously by emailing [email protected]. The email address is monitored by the Executive Director Strategy, Partnerships and Corporate Governance and the Board Administration Officer.
What disclosures are not protected?
Your disclosure will not be a public interest disclosure and will not be protected if:
It is already known by others. That is because it is already in the public domain and has lost its protection
It is a mere assertion, allegation or conclusion. That is because it must be capable of being investigated
There are no reasonable grounds to believe your information supports your disclosure
Who may make a disclosure and how?
You can make your disclosure to IBAC directly by telephone, in person, in writing (email, ordinary post and personal delivery), or anonymously. You cannot make a disclosure by facsimile.
You can remain anonymous by using unverifiable email addresses, anonymous phone calls or refuse to identify yourself if you meet IBAC officers. If you make a disclosure on behalf of someone else, then you are the "notifier" and may be protected, but not the other person. That encourages everyone to make proper disclosures.
IBAC will manage your disclosures in accordance with its own guidelines and processes. After its investigation IBAC must provide you with information about the results of its investigation, including any recommendations and action IBAC will take.
Your protections from liability
You will be protected from liability if your disclosure is made to IBAC in accordance with IBAC’s guidelines and processes. That also includes protection from claims for defamation, or breaches of any legislation that requires confidentiality. You will be protected from the time you make your disclosure and that protection continues to apply even if IBAC determines that your disclosure does not amount to a Public Interest Complaint.
You will not be protected from liability if:
You knowingly provide false or misleading information.
If you repeat your disclosure to someone other than IBAC.
You tell others that IBAC has decided to investigate or refer your disclosure.
You will also not necessarily be protected just because you make a disclosure to IBAC - you may remain liable for your own conduct, even when your conduct has been disclosed.
Protecting your identity
If your disclosure is assessed and determined by IBAC to be a Public Interest Complaint, your identity will be kept confidential.
Please note that details of you and your disclosure may need to be used by IBAC for its investigation, and our staff may need to disclose information to IBAC when required to assist IBAC.
Access to your disclosure
No one can use the Freedom of Information Act 1982 (Vic) to obtain documents relating to your disclosure, or any documents that would likely to lead your identification. We will contact IBAC first, before considering any application made to WH under the Freedom of Information Act 1982 (Vic).
Public Interest Disclosure Co-ordinator
The Public interest Disclosure Co-ordinator is the contact point at WH for general advice about the operation of the PID Act and for integrity agencies such as IBAC.
This role is also responsible for WH’s compliance with the PID Act, liaising with IBAC in relation to any investigation by IBAC, maintaining confidentiality of information and records in relation to any disclosure or investigation, arranging welfare support and annual reporting (as a public body that is not an investigating entity). The Public interest Disclosure Co-ordinator will also provide a copy of WH’s Public Interest Disclosures Procedure on request by email to [email protected].
WH’s Public interest Disclosure Co-ordinator is the Executive Director Strategy, Partnerships and Corporate Governance, who can be contacted via [email protected].
In the event that the Executive Director Strategy, Partnerships and Corporate Governance is conflicted, the Chief Executive Officer shall be the Public interest Disclosure Co-ordinator. Information about the executive officers of WH is available on the Western Health website Western Health Executives.
Making a Complaint (that is not a Public Interest Disclosure) about Western Health to Western Health
Where you have a complaint about Western Health that would not meet the requirements for protection under the PID Act, you may still wish to make a complaint to Western Health directly here Making a complaint at Western Health.
Further Information
We encourage you to visit the IBAC website for more information about the protections available to you if you make a disclosure to IBAC: What is a public interest disclosure? | IBAC.
