Information for Members of Parliament, their role as a 'proper authority'

To be considered a Public interest disclosure (PID), a disclosure must be:

• an appropriate disclosure of public interest information (ss 12 and 13 of the Public Interest Disclosures Act 2010 (PID Act) 
• made to a proper authority (Division 2 of the PID Act).

An MP is considered a ‘proper authority’ to receive a PID, however for the purposes of the PID Act, an MP has no role in investigating the PID. 

MPs Referral of the PID

Under s 34 of the PID Act, an MP may refer a PID to another public sector entity if the member considers the referral entity has powers to investigate or remedy the matter.

In considering a referral to another entity, the referrer must conduct a risk assessment. Section 31(3) of the PID Act provides a PID must not be referred to another public sector entity if there is ‘an unacceptable risk that a reprisal would happen because of the referral’.

Parliamentary Standing Rules and Orders – Guidance on Protection of whistleblowers