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Whistleblowers

What is a whistleblower?

A whistleblower is someone who brings improper conduct by a public body or official to public attention, so that it can be investigated. A whistleblower will often come forward because of a sense of public duty and personal ethical standards. Anyone may 'blow the whistle', including members of the public and employees of government departments.

The Victorian Government is committed to open, honest and accountable government. It will not tolerate improper or corrupt conduct within the Victorian public service. Reprisals against people who come forward to disclose such conduct are also unacceptable.

The Whistleblowers Protection Act 2001

The Act is designed to protect people who disclose information about serious wrongdoing within the public sector and to
make sure these matters are properly investigated and resolved. It ensures public organisations are responsible and accountable.

According to the Act, you can make a disclosure about improper conduct within public bodies such as government departments and statutory authorities, local councils, government-appointed boards and committees, government-owned companies, universities and TAFE colleges, public hospitals, state-funded residential care services, health services contractors and correctional services contractors.

You cannot make a disclosure about courts, boards, tribunals, commissions or other bodies over which a judge, magistrate or legal practitioner presides who is appointed by virtue of a statutory requirement.

Members of the judiciary, the Director of Public Prosecutions, the Auditor-General, the Ombudsman, the Director of Police Integrity, the Special Investigations Monitor, the Chief Examiner or an examiner under the Major Crime (Investigative Powers) Act 2004, the Electoral Commissioner, or parliamentary and judicial staff are also exempt from the Act.

If you have concerns about conduct in an excluded public body or by one of these officials, you may wish to contact the Victorian Ombudsman’s office to discuss your concerns.

What happens next?

If your disclosure is made in the correct way to the correct public body (or to the Ombudsman), it is a 'protected disclosure'. The person making it is protected from civil or criminal liability, defamation and reprisals.

The public body receiving the protected disclosure considers whether it is also a 'public interest' disclosure. These disclosures show that a public officer or public body has engaged in, or proposes to engage in, improper conduct or reprisals against a person who has made a protected disclosure. The whistleblower will be notified whether the disclosure is determined as a public interest disclosure.

The public body must determine whether the disclosure is a public interest disclosure within 45 days after receiving it, and must notify the whistleblower of the outcome within 14 days.

If it is a public interest disclosure, the Ombudsman must generally investigate or refer the disclosure to the public body to investigate. The whistleblower will be informed of the outcome of the investigation.

If the disclosure is substantiated, the findings must be reported to the relevant public officer or to the relevant Minister. The public body concerned must try to prevent the conduct from continuing or occurring again, and may attempt to remedy any harm or loss arising from the conduct. The relevant officer may also be disciplined, and the Ombudsman and the whistleblower must be notified of the investigation's findings and any action taken.