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What are Public Interest Disclosures?

A public interest disclosure is a report of improper conduct or detrimental action within the Victorian public sector (VPS). Previously known as Protected Disclosures, they are now called Public Interest Disclosures (PIDs).

Under the Public Interest Disclosures Act 2012 (Vic) (PID Act), people who report improper conduct and detrimental action in the VPS are offered legal protection. Once a report is investigated it becomes known as a Public Interest Complaint. These complaints are sometimes referred to as ‘whistleblower’ complaints.

The Independent Broad-based Anti-corruption Commission (IBAC) plays a central role in the administration of the PID Act. Extensive information and resources to assist individuals and organisations to make, receive and understand protected disclosures is available on IBAC's website.

Records of improper conduct or detrimental action within the public sector, regardless of whether or not they become public interest complaints, must be managed in accordance with the recordkeeping standards issued by PROV. 

How should records of Public Interest Disclosures be managed?

The PID Act sets out confidentiality provisions which organisations and staff are required to comply with. These provisions exist to ensure that the content of the disclosure, and the identity of the person who made it, are kept confidential.

Records that attract the confidentiality provisions of the PID Act must be stored and handled in such a way that prevents unlawful disclosure. 

If you are unsure about whether any records your organisation holds are subject to these provisions, it is recommended that you seek advice from IBAC or the applicable investigating body.

IBAC requires public interest disclosures to be captured and managed in secure information management systems.

The Victorian Protective Data Security Framework developed by the Office of the Victorian Information Commissioner (OVIC) should be used to identify, assess and manage security risks regardless of whether your organisation is required to apply it or exempt.

Under OVIC's framework, organisations are required to use valuation criteria to determine the value of the official information they hold, and to identify the appropriate protective marking to be assigned reflecting the confidentiality of the information. The outcome of this assessment will inform what security measures should be applied to protect the information.

Controls must be designed and applied to processes and systems to ensure that PID records (and associated complaints records) are protected from unauthorised activity and can be trusted as credible evidence. See PROS 25/02 Create Capture and Control Standard for further information.

Records of improper conduct and detrimental action should be stored securely to protect the reporter's identity and the details of the situation, whether or not a formal investigation takes place.

This includes:

  • keeping mobile devices secure
  • ensuring that digital and physical records are stored securely, with appropriate controls in place
  • ensuring that only those with the appropriate security clearance are able to identify, access and view the records
  • if records are scanned or printed, ensuring a digital copy does not remain in the hard drive of the scanning/printing device
  • avoiding file and folder names that identify individuals or disclose sensitive information.

The PROS 07/01 Retention and Disposal Authority for Records of Common Administrative Functions specifies that ‘investigations into disclosures made under the Whistleblowers Protection Act 2001 (Vic)’ are permanent records, which must be retained as State Archives.

As the Whistleblowers Protection Act has been repealed and replaced by the PID Act, PROS 07/01 should be applied to records relating to the PID Act in the same way as it applies to records relating to the Whistleblowers Protection Act.

Material in the Public Record Office Victoria archival collection contains words and descriptions that reflect attitudes and government policies at different times which may be insensitive and upsetting

Aboriginal and Torres Strait Islander Peoples should be aware the collection and website may contain images, voices and names of deceased persons.

PROV provides advice to researchers wishing to access, publish or re-use records about Aboriginal Peoples