How to make a protected disclosure

The Protected Disclosures Act 2012 (the Act) encourages and facilitates people making disclosures of improper conduct by public bodies or public sector employees, and protects persons who make those disclosures.

The Department of Economic Development, Jobs, Transport and Resources (DEDJTR) is committed to the aims and objectives of the Act. It recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.

DEDJTR will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to the person who is the subject of the disclosure.

Purpose of the Protected Disclosure Act

The purpose of the Act is to:

  • encourage and facilitate disclosures of improper conduct by public officers and public bodies, and detrimental action taken in reprisal for a person making a disclosure under this Act.
  • provide protections for persons who make those disclosures or who may suffer detrimental action in reprisal for those disclosures.
  • provide confidentiality of the content of those disclosures and the identity of persons who make those disclosures.

Who can make a disclosure?

  • Any individual or group of individuals.
  • A disclosure cannot be made by a business or company.

How do I make a disclosure?

  • You can make a disclosure verbally, either in person or by phone leaving a voicemail message, or in writing, by email or letter (not by fax).
  • You can make an anonymous disclosure.

To whom can I make a disclosure?

The Act only allows certain people and entities to receive disclosures and their ability to receive disclosures depends upon whom the disclosure is made about. As such, DEDJTR may only receive disclosures about the department or its public sector employees.

If your disclosure is made to a person or entity that is unable to receive your disclosure, it may not attract the protection of the Act. Therefore, it is important to determine if you are making your disclosure to the correct public body or person.

If in doubt, disclosures should be made to IBAC, unless the disclosure is about IBAC or one of its officers, in which case it should be made to the Victorian Inspectorate.

Disclosures of improper conduct by DEDJTR or its employees should be made to the Protected Disclosure Coordinator:

James Kelly  
Executive Director, Ministerial and Portfolio Services
Department of Economic Development, Jobs, Transport and Resources   
1 Spring St, Melbourne, Victoria 3001   
T: 03 839 26978 | M: 0439 420 977 | E: james.kelly@dtpli.vic.gov.au  

Disclosures of improper conduct by DEDJTR or its employees may also be made to:

  • the Secretary of the department.
  • the manager or supervisor of the person who is the subject of your disclosure.
  • if you are an employee of the department, your manager or supervisor.

Disclosures may also be made directly to the Independent Broad-based Anti-Corruption Commission (IBAC):

Independent Broad-based Anti-Corruption Commission
Level 1, North Tower 459 Collins Street
Melbourne Victoria 3000
Telephone: 1300 735 135
Website: www.ibac.vic.gov.au

Where can I get more information?

DEDJTR's procedures for the management and handling of Protected Disclosures are currently under review and will be posted here once finalised. Any enquiry concerning the department's procedures should be directed to the Protected Disclosure Coordinator.

More information on the Act and IBAC's procedures are available on the IBAC website.