The Public Interest Disclosures Act 1994 (Act) sets out a comprehensive framework for protecting public officials who disclose wrongdoing in accordance with the Act.

New reporting obligations under the Act will commence on 1 January 2012.

Public authorities will be required to prepare an annual report on their obligations under the Act within four months after the end of a reporting year. 

Public authorities will also be required to provide the Ombudsman with statistical information regarding their compliance with their obligations under the Act on a six monthly basis.

The report is to be provided to the Ombudsman within 30 days after the end of the relevant six month period or by such later time as the Ombudsman may approve. 

The information to be provided in the annual and six monthly reports is outlined in the Public Interest Disclosures Regulation 2011. Public authorities will need to collect this information from 1 January 2012. A copy of the regulation is provided as an attachment to this memorandum.

The reports will provide useful data to analyse whether the Act is operating effectively to protect public officials who disclose wrongdoing and whether public authorities are complying with the Act.

Heads of Government agencies should nominate officers who will be responsible for preparing the annual and six monthly reports and ensuring that the required information is collected from 1 January 2012.

Ministers should ensure that this memorandum is brought to the attention of all Government agencies within their portfolios.

Barry O’Farrell MP
Premier