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:
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