Implement a public interest disclosure management program
Section 28 of the Public Interest Disclosure Act 2010 (PID Act) requires public sector entity chief executive officers to:
- establish reasonable procedures for dealing with PIDs and
- ensure the agency’s PID procedure is published on a website readily available to the public.
The PID procedure must ensure that:
- the entity has a PID management program that conforms with the PID Standards
- PIDs made to the entity are properly assessed and investigated
- persons who make PIDs are given appropriate support and protected from reprisal
- appropriate action is taken in relation to any wrongdoing that is the subject of a PID.
PID standards
Section 60 of the PID Act allows the Queensland Ombudsman to make standards about how public sector entities:
- facilitate the making of PIDs
- perform their functions under the PID Act
- protect people who make PIDs from reprisal.
The Queensland PID Standards came into effect on 1 March 2019 and are binding on all public sector entities. Public Interest Disclosure Standard No. 1/2019 - Public Interest Disclosure Management Program (PDF 168.4KB) sets out the minimal systems and procedures that public sector entities should have in place to meet their obligations under the PID Act, including the requirements for a compliant PID management program.
Public interest disclosure management program
In practice, a PID management program is usually a part of an organisation’s ethical and integrity framework. PID management is closely connected with an entity’s Code of Conduct, corruption prevention activities and complaints management system.
A PID management program ensures a framework is in place to facilitate the receipt and management of PIDs. It encompasses organisational culture, policy and procedures, delegation of responsibilities and commitment to regular training and communication.
There is no ‘one size fits all’ PID management program. An agency’s program will be influenced by the entity’s nature, size and geographic spread, as well as the level of PID management capacity developed within the organisation. PID Standard 1/2019 provides details of what must be done, but does not specifically instruct how it may be achieved.
A PID management program should include an organisational commitment to:
- encouraging the reporting of wrongdoing and supporting disclosers
- appointing a PID Coordinator for the entity with responsibility to the chief executive officer for the PID management program
- providing officers of the entity who may receive PIDs (referred to as a ‘proper authority’ under the PID Act) with information about their responsibilities
- ensuring officers of the entity with the responsibility for assessing, investigating or dealing with PIDs have appropriate delegations
- implementing a communication strategy to ensure that employees receive information about the entity’s PID procedure and PID management program
- providing all employees access to training about how to identify wrongdoing and how to make a PID
- arranging specialised training for the PID Coordinator and PID Support Officer/s (who plays a key role in supporting disclosers)
- analysing information obtained from PIDs to identify systemic issues and trends and inform improvements to service delivery, personnel management, business processes and internal controls.
It is essential the entity:
- document the PID management program
- communicate the PID management program on a website accessible to the public and in a manner accessible to all employees of the entity
- effectively oversee the PID management program to ensure consistent and fair application of the PID Act and management of PIDs.
Public interest disclosure procedures
The PID Act and PID standard 1/2019 require that entities have a PID procedure. The procedure must:
- be consistent with the principles in the PID Act
- commit the agency’s management to acting on reports of suspected wrongdoing and providing support to disclosers
- set out the process for reporting wrongdoing
- explain how the entity will assess PIDs, communicate with disclosers and keep records
- give information about the support and protections available to disclosers, and in particular about how confidentiality will be managed
- link to other relevant policies and procedures
- identify rights of review
- be published on a public website and be readily accessible.
Agencies with a complaint management function
For entities with a legislative complaint management function, the PID procedure should set out how the entity will identify, assess and manage PIDs received part of their statutory function, as well as how they will deal with PIDs made by employees and others about the entity.
Procedure resources