Public interest disclosure

Changes to the Independent Commissioner Against Corruption Act 2012 (ICAC Act) came into effect on 7 October 2021, making the Office for Public Integrity (OPI) a standalone independent body and creating an Independent Commission Against Corruption. The ICAC Act is now the Independent Commission Against Corruption Act 2021. 

Our responsibilities to report corruption, misconduct and maladministration in public administration remain and reporting mechanisms have not yet changed. 

Reports can still be made to OPI. 

Under the changes, OPI and the Ombudsman must issue directions and guidelines about the reporting of corruption, misconduct and maladministration in public administration. 

Once they are published, our procedures for making an appropriate disclosure of public interest information and receiving and dealing with an appropriate disclosure of public interest information will be updated.

Please visit the Attorney-General’s Department website for more information about changes to the ICAC Act.

The Public Interest Disclosure Act 2018 (SA) (the PID Act) replaces the repealed Whistleblowers Protection Act 1993 (SA). The PID Act provides greater protection for informants and improves transparency and accountability in government and the public sector.

The PID Act applies differently to the following two types of public interest information:

• Environmental and health information means information that raises a potential issue of a substantial risk to the environment or to public health and safety.
• Public administration information means information that raises a potential issue of corruption, misconduct or maladministration in public administration. Corruption, misconduct or maladministration is defined in the Independent Commissioner Against Corruption Act 2012 (SA).

The Chief Executive's commitment

Our Chief Executive is committed to protecting informants and genuinely and efficiently acting on information provided in a public interest disclosure.

Our procedures outline the Chief Executive’s expectations in respect of the operation and implementation of the PID Act. The Chief Executive is responsible for ensuring compliance with these steps.

Obligations of public sector agencies

The PID Act clearly sets out the obligations on public sector agencies and its officers and employees to take action to protect informants. In accordance with the PID Act, our procedures also set out risk management steps for assessing and minimising detrimental action against people because of public interest disclosures and detriment to people against whom allegations are made in a disclosure.

How to protect yourself

To gain protection you must make an appropriate disclosure of public interest information in accordance with the PID Act.

How we will protect informants

We are committed to protecting people who make an appropriate disclosure of public interest information. The PID Act creates an obligation to maintain the confidentiality of all people who make an appropriate disclosure of public interest information.

In order to ensure that informants are protected, we will:

• provide support and information on the PID Act protections to the informant
• adopt and apply internal procedures that require compliance with Section 8(1) of the PID Act in relation to confidentiality
• store information about appropriate disclosures securely
• proactively recognise and address any potential detrimental outcomes that may be caused from the disclosure.

How to make an appropriate disclosure

You can make an appropriate disclosure of public interest information by:

Email:

esb.pid [at] sa.gov.au

OR

Post:

ESB Responsible Officer: Public Interest Disclosure
Education Standards Board
GPO Box 1811
Adelaide SA 5001

Mark the envelope private and confidential.

Before making a disclosure of information, please refer to the PID Act and PID guidelines to ensure your disclosure is appropriate and that you are aware of your rights and responsibilities.

When making the disclosure of information, if you are revealing your identity, you have rights about being kept informed. Please speak to the responsible officer about how you wish to be contacted by them.

The person receiving the public interest information must comply with the requirements set out under the PID Act and PID guidelines.

For more information:

• Office for Public Integrity
• Independent Commission Against Corruption
• Public Interest Disclosure Act 2018 (SA)

• Procedure: for a person who wants to make an appropriate disclosure of public interest information
• Procedure: for responsible officers and employees receiving and dealing with an appropriate disclosure of public interest information