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Friday, April 24, 2026

Whistleblower regime for public officials: Overview of the Public Interest Disclosure Act 2013 - Lexology

The Public Interest Disclosure Act 2013 (Cth) (PID Act) protects public officials who make public interest disclosures in accordance with the PID Act. This article provides a summary of the legislative framework to help you understand the Act.

Overview: What is a public interest disclosure?

Under section 26 of the PID Act, a disclosure is a ‘public interest disclosure’ if:

  • the disclosure is made by a person who is, or has been, a ‘public official’ (see definition here);
  • the disclosure is made in regards to ‘disclosable conduct’ of the kind outlined here;
  • the disclosure is made:
    • within the government, to an authorised internal recipient or a supervisor, concerning suspected or probable illegal conduct or other wrongdoing; or
    • to anybody, if an internal disclosure of the information has not been adequately dealt with, and if wider disclosure satisfies public interest requirements; or
    • to anybody, if there is substantial and imminent danger to health or safety; or
    • to an Australian legal practitioner for purposes connected with the above matters; and
  • any further requirements, as set out in the table here are met.

Should a public interest disclosure be made out under the PID Act, a number of protections are afforded to the disclosing party, which include:

Who can make a public interest disclosure?

A public interest disclosure can be made by any current or former ‘public official’.

A ‘public official’ is broadly defined in section 69 of the PID Act and includes:

  • staff...


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