Rights and responsibilities

The PID Act sets out what your rights and responsibilities are under the Act. These are explained in more detail in the PID guidelines.

Your rights

  • Immunity from civil or criminal liability as a result of making a disclosure
  • Immunity from disciplinary and other action
  • Immunity for any breach of duty of secrecy or confidentiality
  • To be informed of the action taken with respect to your disclosure and the outcome of any investigation
  • Protection of your identity
  • Protection at the workplace
  • Protection from reprisals
  • Legal remedies for acts of victimisation

Your responsibilities

  • You must believe on reasonable grounds that the information you disclose is or may be true
  • You must not disclose information that might identify or tend to identify the person about whom the disclosure has been made
  • You must keep the information you have disclosed completely confidential, otherwise you will forfeit your protection under the Act
  • You must assist a person investigating the disclosure by supplying any information on request

Rights and responsibilities in full

The PID Act sets out what your rights and responsibilities are under the Act.

Rights

If you choose to make a public interest disclosure you will not as a result:

  • incur any civil or criminal liability
  • be liable to any disciplinary action under State law
  • be liable to be dismissed or have your services dispensed with or otherwise terminated
  • be liable for any breach of a duty of secrecy or confidentiality or any other applicable restriction on disclosure.

If you choose to make a public interest disclosure you may have the right to take civil proceedings if you are subject to detrimental action as a result of making the disclosure.

If you choose to make a public interest disclosure then your identity will not be disclosed except in accordance with the Act. Disclosure of your identity may be required in the course of the investigation or in taking action in some circumstances.

If you choose to make a public interest disclosure then you will have the right to be informed of the progress and outcome of the investigation and action taken as a result.

Responsibilities

If you choose to make a public interest disclosure:

  • you are only protected if you believe on reasonable grounds that the information to be disclosed is or may be true
  • you will commit an offence, and lose the protection of the Act, if you know the information to be false or misleading in a material particular or are reckless about whether the information is false or misleading in a material particular
  • you will forfeit the protection given by the Act if you disclose the information other than under the Act—that is, if you provide the information to the media or a person who is not a proper authority
  • you will forfeit the protection given by the Act if you fail, without reasonable excuse, to assist a person investigating the matter to which the information relates, by supplying any information requested
  • you may commit an offence if you disclose information that might identify or tend to identify anyone as a person about whom a disclosure of public interest information has been made.

Page last updated 4 October 2012