1 Organisational Commitment

Policy

Public Interest Disclosure Policy 2013

1 Organisational commitment The Public Service Commission (PSC) is committed to the development, implementation and maintenance of a management program for public interest disclosures (PIDs). The PSC recognises the important role disclosers play in identifying wrongdoing and danger. By making a PID, a discloser is contributing to an ethical workplace culture and supporting the performance of the Commission.

PSC Chief Executive and Executive Management Team are committed to

 ensuring PIDs are properly assessed, investigated and dealt with  providing support and protection to disclosers  ensuring appropriate consideration is given to the interests of person who are the subject of a PID  maintaining PID procedures and systems, including advice and training for managers and staff.

2 Purpose of policy To establish the PSC’s arrangements and responsibilities for managing public interest disclosures and assist employees and others to report wrongdoing under the Public Interest Disclosure Act 2010 (PID Act).

3 Legislative and policy basis This policy has been prepared to comply with the requirements s.28 of the Public Interest Disclosure Act 2010 (PID Act) and Public Interest Disclosure Standard No 1. This policy should be read in conjunction with Public Interest Disclosure Act 2010; the Public Sector Ethics Act 1994 and the Code of Conduct for the Queensland Public Service, and the Crime and Misconduct Act 2001.

4 Application/scope This policy applies to:

 all employees of the PSC, whether full-time, part-time, temporary or casual; and  any member of the public who seeks to make a public interest disclosure to the PSC, in accordance with the PID Act. 5 Definitions Term Meaning public interest A PID is a report about suspected wrongdoing or danger. For a report to be disclosure (PID) considered a PID, and gain the protections of the PID Act, the discloser must have reasonable grounds for believing there is wrongdoing or danger (or have information that tends to indicate wrongdoing) and make a report to a proper authority. The PID includes all information and help given by a discloser to a proper authority for the disclosure. public sector entity The PSC is a public sector entity under the PID Act. Other examples of public sector entities identified by the PID Act include departments, local governments and universities. proper authority Under the PID Act, every public sector entity is a proper authority if the disclosure is about the conduct of that entity or its employees. Any agency with the power to investigate or remedy the PID matter is also a proper authority. For example, the Crime and Misconduct Commission (CMC) is a property authority for disclosures about official misconduct. Any Member of Parliament is a proper authority.

These definitions are adapted from the PID Act. For complete definitions, refer to the Act.

6 Roles and responsibilities Role Responsibility

Commission Chief PSC’s compliance with PID Act obligations. Executive, PSC

Deputy PSC PID Co-ordinator: Commissioner,  Responsible for coordination of the PSC’s PID processes including reporting Workforce Strategy PIDS to the oversight body, the Queensland Ombudsman and Performance,  Responsible for monitoring the investigation and resolution of PIDs and PSC managing support and protection for disclosers.

PSC executive  Maintain an ethical culture and lead by example (for example, make a PID management, through appropriate channels when wrongdoing is identified) managers and  Raise awareness with staff about PIDs and encourage staff to report supervisors wrongdoing  Respond to a reported PID using the PSC’s established process  Support disclosers and minimise the risk of reprisal  Notify the PSC PID coordinator if they believe any staff member is suffering detriment as a result of making a PID  Maintain confidentiality and keep appropriate records PSC employees  Act ethically  Report suspected wrongdoing or danger to a proper authority and maintain appropriate confidentiality

Member of the public  May disclose information about the conduct of officers of the PSC regarding a substantial and specific danger to the health or safety of a person with a disability; substantial and specific danger to the environment; or reprisal.

7 How PIDs can be made Any person (including a PSC employee) may make a PID about PSC employee’s conduct that may be:  a substantial and specific danger to the health or safety of a person with a disability  a substantial and specific danger to the environment  reprisal.

PSC employees may also make PIDs about:  official misconduct or maladministration that adversely affects a person’s interests in substantial and specific way  a substantial misuse of public resources  a substantial and specific danger to public health or safety.

Employees are encouraged to report PIDS internally to their direct manager or the Deputy Commissioner, Workforce Strategy and Performance. Employees may choose other internal reporting pathways including reporting to another PSC manager or executive or the Commission Chief Executive. Employees may also choose to report PIDs externally to another appropriate authority as first step, or if dissatisfied with the PSC’s response to a disclosure.

Members of the public are encouraged to report PIDs regarding PSC employees to the Deputy Commissioner, Workforce Strategy and Performance. Members of the public, may choose to report PIDs externally to another appropriate entity as a first step, or if dissatisfied with the PSC’s response to a disclosure.

PID information Ideally, PID information should include:  the name and job title of the person who is the subject of the disclosure  information about relevant events, dates and places  the names of people who may be able to provide additional information  other information relevant to the disclosure.

A disclosure need not include all this information to be considered a PID. For example, a PID may include information about an event and date with the names of the officers unknown. Disclosures may be made in any way, including verbally (in person or by telephone) or in writing (by letter, email or memo). Disclosers are encouraged to provide contact details so the PSC can provide support and feedback. Anonymous disclosures will be accepted and the PSC is committed to assessing and, where appropriate, investigating anonymous PIDs where sufficient information has been provided. Anonymous disclosers are advised that declining to provide name and contact information means it may not be possible to keep the discloser informed of progress in handling the disclosure; or offer the PID Act protections. A person who has made a PID to the PSC may disclose to a journalist the information disclosed in the PID if the PSC:  decided not to investigate or deal with the disclosure or  investigated but did not recommend taking any action in relation to the disclosure or  has not notified the discloser within 6 months of the disclosure being made whether or not the disclosure was to be investigated or dealt with.

(Refer to 17. Further Information for direction to additional PID resources)

8 False or misleading information It is an offence under the PID Act to intentionally make a false or misleading statement intending it be acted upon as a public interest disclosure. It is an indictable offence which carries a maximum penalty of 2 years imprisonment or a fine. A PSC employee who makes a false or misleading statement may be subject to disciplinary action.

9 Taking action The PSC will decide how to deal with a disclosure.

Disclosures will be assessed as:  not warranting further action or  requiring further investigation or  being a matter for referral to an another proper authority (e.g. the CMC)

Where further investigation is undertaken, the PSC is committed to taking action on the findings of that investigation.

10 Support and feedback to disclosers A discloser will be:  informed that the disclosure has been received  informed about the action the PSC will take (or if no action is to be taken, informed of that) and  if action is taken, informed about the outcome of that action. The PSC will initiate and coordinate support for a discloser. For a discloser who is an employee, this may include appointment of a mentor, confidante or other support officer to assist the discloser and referral to the employee assistance program or arranging for other professional counselling. Disclosers seeking additional support as a result of making a disclosure are urged to contact the Deputy Commissioner, Workforce Strategy and Performance.

11 Confidentiality PSC managers will treat PID information confidentially. This includes:  the fact a disclosure has been made  any information that may identify you or any person who may be the subject of a disclosure  the actual information that has been disclosed  information relating to the disclosure that, if known, may cause detriment. While the PSC places a high value on protecting confidentiality, the disclosure’s identity may become known through:  the process of providing natural justice to the subject officer  responding to a court order or legal directive (e.g. subpoena, notice to produce, direction by a parliamentary committee)  in court proceedings.

Where such processes may lead to the discloser’s identity becoming known, the PSC will advise the discloser.

A discloser is encouraged to keep information about the disclosure confidential as a protection against their identity becoming known and possible reprisal for the PID.

The PID Act sets strict requirements for PID record management and confidentiality. A breach of those requirements is a criminal offence.

12 Protection of disclosers The PSC is committed to protecting disclosers from detriment, such as unfair treatment, harassment; or victimisation as a result of making a PID. When a disclosure is made, the PSC will assess the risk of reprisal and offer the discloser appropriate support. If a discloser believes detrimental action has been taken in connection with a PID, or a manager identifies possible detrimental action, this should immediately be reported to the PSC PID Co-ordinator (Deputy Commissioner, Workforce Strategy and Performance) so that the matter can be assessed and, where appropriate, additional support action implemented. Making a PID does not protect the discloser from disciplinary or criminal action if the discloser has been involved in improper conduct. A discloser remains subject to reasonable management action in regard to their work conduct.

13 Responding to reprisals Where reprisal action is identified, the PSC will act to protect the discloser. The nature of the protection is dependent upon the circumstances and seriousness of the reprisal. Any employee found to have engaged in reprisals will be the subject of disciplinary action.

14 Rights of subject officers Officers who are the subject of a PID are entitled to confidentiality and for the investigation of the disclosure to be undertaken in an objective way and considered by an impartial decision-maker. A PID subject officer may seek assistance from their legal representative or union. The Employee Assistance Program is also able to offer advice and support.

15 Record keeping and reporting The PSC will ensure that all record keeping and reporting will be done in accordance with the legislative and administrative requirements of the PID Act. 16 Review The PSC welcomes comments that can improve this policy. Feedback should be addressed to the Executive Director, Legislation and Policy Branch. The PSC will review this policy annually and or as the need arises.

17 Further information PSC specific: Public Service Commission’s Model Processes for Making and Managing a PID

General resources: Thinking about blowing the whistle? A guide for individuals, Public Service Commission/Crime and Misconduct Commission/Queensland Ombudsman, available at www.ethics.qld.gov.au

Has one of your staff blown the whistle? A guide for managers or supervisors, Public Service Commission/Crime and Misconduct Commission/Queensland Ombudsman, available at www.ethics.qld.gov.au

PID Factsheets at www.ombudsman.qld.gov.au

18 Document management Approved Ian Maynard - Commission Chief Executive 12 February 2013

This is PSC PID Policy 2013 (version 1). It replaces the previous PSC PID Policy.