Overview

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Overview
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Public Interest Disclosure Act

• Commences 31 July 2009.
• It is the NT Whistleblowing legislation.
• Creates the Commissioner for Public Interest
  Disclosures.
• independent statutory officer
• Information Commissioner / Commissioner for PIDs

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Overview of Process

• Person makes a public interest disclosure.
• Assessed by Commissioner for PIDs.

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Assessment Step 1
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Assessment Step 2
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Assessment Step 3
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Overview of Process

• Person makes a public interest disclosure.
• Assessed by Commissioner for PIDs.
• Investigated by Commissioner for PIDs.

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Investigation

• Subject to the principles of natural justice
• No bias
• Opportunity to comment.
• Must be conducted in private.
• Otherwise, manner of investigation up to
  Commissioner for PID.

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Investigation Process

• The Chief Executive of the public body is
  notified.
• Commissioner for PID can
• Enter premises and require reasonable assistance
  to do so
• Request information
• Orally, on the spot
• By written notice, within a reasonable time
• Require a person to attend for an interview.
• Offence not to comply.
• Offence to provide misleading information.

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Investigation Process

• Offence to obstruct / hinder investigation.
• Commissioner required to conduct interview in
  private.
• Need to observe confidentiality so as to avoid
  hindering the investigation / obstructing it
  being conducted in private.

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Overview of Process

• Person makes a public interest disclosure.
• Assessed by Commissioner for PIDs.
• Investigated by Commissioner for PIDs.
• Internal report issued to public body.
• Public body has reasonable time to implement
  recommendations of internal report.
• If inadequate implementation, the Commissioner
  for PIDs issues public report, tabled in
  Parliament.

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Reprisals
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What is an act of reprisal?

• If you do something to
• try to stop someone from reporting improper
  conduct to the Commissioner or
• try to stop them cooperating with the
  investigation or
• get back at someone for having cooperated with
  the investigation or having spoken to the
  Commissioner
• you may be committing an act of reprisal.

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It is an offence

• If your actions in committing a reprisal
• cause someone injury, loss or damage or
• are experienced as intimidation or harassment or
  
• result in a person being discriminated,
  disadvantaged, or adversely treated in relation
  to their employment, career, profession, trade or
  business
• then you may have committed an offence punishable
  by up to two years imprisonment.

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You may have to paycompensation

• Court may order you to pay costs of harm.
• Who pays?
• If act of reprisal in the course of employment,
  then arguably the public body.
• If not, then the individual who caused the harm.

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FAQ

• How does suing for a reprisal fit with workers
  comp (suing under the Workers Rehabilitation and
  Compensation Act)?
• What if I need to performance manage / discipline
  someone for genuine reasons?
• What if I dont know someone disclosed to the
  Commissioner how would I know to treat them
  with special care?

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Relocation
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New relocation provision

• A person can request relocation because of
• an act of reprisal or
• an apprehended act of reprisal.
• Request made to Chief Executive.
• Reviewed by
• OCPE if public sector employee
• Commissioner for PID if not public sector
  employee.

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Case Study
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Dan Lisa

• L learns D is about to disclose about her friend
• L questions Dan every 1-2 days, tries to persuade
  him not to disclose.
• L knows D sometimes sees a psychologist and in
  frustration she shares this with other co-workers
  and wonders whether he is unstable.
• D dreads the thought of coming to work and facing
  Lisas questions. When he learns L told
  co-workers about personal therapy, D is very
  upset.

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Dan Lisa

• Could Lisas behaviour be a reprisal?
• Yes, because she is intimidating and harassing
  Dan to discourage him from reporting.
• No. Her behaviour might upset him but it doesnt
  cause him harm in a way that would be a
  reprisal.
• Yes, but only because she suggested he was
  unstable, and that was misleading.
• No, because Lisa is a co-worker at Dans level.

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Dan Lisa

• Could Lisas behaviour be a reprisal?
• Yes, because she is intimidating and harassing
  Dan to discourage him from reporting.

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More Information
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www.blowthewhistle.nt.gov.au
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Contact Details

• 1800 250 918
• blowthewhistle_at_nt.gov.au
• www.blowthewhistle.nt.gov.au

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What next?

• Go to our website to learn more about the Act.
• Raise awareness with managers in your public body
  about the Act.
• Encourage / require employees in your public body
  (or unit) to do the training modules.
• Contact us to provide training for your area.