How to make a protected disclosure

Making a protected disclosure to the ICAC
Making a protected disclosure to your own agency
Making a protected disclosure to another agency
Making a Protected Disclosure to an MP or journalist

Making a protected disclosure to the ICAC

If you are a NSW public official, you can make a protected disclosure about corruption to the ICAC.  You can either contact the ICAC or complete the Form for reporting corruption. If you are uncertain whether your matter concerns corrupt conduct, you can discuss this with ICAC by ringing (02) 8281 5999 or 1800 463 909 (toll free outside of metropolitan Sydney).

Once a matter is reported, the ICAC considers whether the Protected Disclosures Act applies to the information. The ICAC may seek further details to assist this consideration.

If you provide your name and contact details, the ICAC will confirm in writing that your information has been received. If you have not already given consent for your identity to be disclosed to another agency, you will be asked to indicate in writing whether or not you consent to being identified. Confidentiality is one of the protections available under the Act. Generally, your identity will be kept confidential even if you do consent to being identified .

It is important to note that the ICAC does not necessarily reveal the source of its information in the first instance, even if consent has been given. If disclosing a person’s identity appears necessary to properly examine a protected disclosure, the ICAC may disclose this identity.

You can provide information anonymously, but information is much more useful if contact details are provided. It is sometimes difficult for the ICAC to pursue a matter if further details can’t be obtained from you. Also, it may be more difficult to establish your entitlement to the protections available under the Act.

If the ICAC determines that the matter you raised should be treated as a protected disclosure, the Protected Disclosures Act requires the ICAC to advise you within six months about the intended action. The ICAC may decide to take direct action on the information you provided or may decide, in appropriate circumstances, to refer it to another agency.

What information does the ICAC need?

When reporting suspected corrupt conduct to the ICAC it is important to provide as much detail as possible. However, it is not necessary to gather evidence or to prove corrupt conduct has occurred.  

You can download the Form for reporting corruption, print out, complete and either post or fax back to the ICAC.  

Use the following checklist to help you prepare the information the ICAC will need. If you decide not to use the above form, it will assist if you have the following information ready when phoning or writing to the ICAC to make a report:  

• The name of your employer and your position title, if you are a NSW public official.     
• The names of the NSW public agencies or public officials you believe are acting corruptly. If you know the positions of the public officials involved, please also include them.
• A summary of the matter you are reporting. Please include names, dates, times, locations and any other information you believe relevant.
• If it is not apparent from your summary, please indicate how you became aware of the matter you are reporting.
• Are there other people who know about this matter and who could assist the ICAC? If so, please include their names and contact details and indicate whether they are aware that you have provided their details to the ICAC.
• Please indicate whether you have reported this matter to any other agencies. It will help if you include the names of any other agencies you have contacted about this, when you contacted them and their response.
• Do you have or know of any documents, records or other information that may be relevant? Please include any information on any documents or records that you believe will assist the ICAC. Note that you do not need to provide these documents to the ICAC. They will be requested if needed.
• Are any private citizens or companies involved? If so, please also include their names and contact details, if known, and any other information you believe may be relevant.

If the ICAC pursues the matter or decides to refer it to another agency, it may be necessary to identify you as the source of this information. Do you consent to your name and contact details being disclosed to another agency? Note that this could include the agency that is involved in the suspected corruption.

Making a protected disclosure to your own agency

You can make a protected disclosure to your own agency by following the procedure in your agency’s internal reporting procedures. This will identify who your disclosure officer is or who else in the organisation you can report to if your disclosure officer is not appropriate.

Making a protected disclosure to another agency

Maladministration involves serious misconduct that is contrary to law, unreasonable, unjust, oppressive, discriminatory or based on improper motives. If your matter is about maladministration, you can report this to the NSW Ombudsman.

Serious and substantial waste includes uneconomical, inefficient or ineffective use of resources which results in a significant loss or waste of public funds or resources. If your matter is about serious and substantial waste of public money, you can report this to the Audit Office of NSW.

If your information concerns corrupt conduct, maladministration or serious and substantial waste by a NSW police officer, please contact the Police Integrity Commission .

Making a Protected Disclosure to an MP or journalist

In certain circumstances, a public official can make a protected disclosure to a Member of Parliament or a journalist. These disclosures are only protected if all the following conditions apply:

• the public official making the disclosure must have already made the same disclosure to an investigating authority, such as the ICAC, Ombudsman, Auditor General or the Police Integrity Commission, or a nominated officer of a public agency as outlined in the Protected Disclosures Act 1994.
• the investigating agency, public agency or officer to whom the disclosure was made, or referred to, must have:
  
  • decided not to investigate; or
  • decided to investigate the matter but had not completed the investigation within six months of the disclosure being made; or
  • investigated the matter but not recommended any action; or
  • failed to notify the person making the disclosure, within six months of the disclosure, whether it will be investigated or not.
    
• the public official must have reasonable grounds for believing the disclosure is substantially true and the disclosure must be substantially true.