Making a protected disclosure

Information for NSW public officials

It is important for public officials to report wrongdoing in the NSW public sector. However, many public officials fear they may suffer in their workplace as a result. To encourage public officials to report misconduct and protect them from reprisals, the government introduced the Protected Disclosure Act 1994.

A protected disclosure can be made to the ICAC about corrupt conduct, to the NSW Ombudsman about maladministration or to the Auditor-General about substantial and serious waste of public money. A protected disclosure must show, or tend to show, one of these activities.  

Under the Protected Disclosures Act, it is an offence to take detrimental action against a person who makes a protected disclosure.  

Any public official who voluntarily discloses information about a relevant form of wrongdoing is protected under the Act. A disclosure is considered voluntary even if the code of conduct obliges you to report the matter.  

However, if you have a legal responsibility to report corrupt conduct as a result of the work you do, or the agency you work for, the disclosure is not considered voluntary and therefore does not qualify for protection under the Act. For example, principal officers of NSW public authorities have a legal obligation to report corrupt conduct under the ICAC Act.