On 11 February 2013 the Protected Disclosure Act 2012 came into effect. The Protected Disclosure Act 2012 replaces the former Whistleblowers Protection Act 2001 and amends the Ombudsman Act 1973.
These reforms also include the establishment of the Independent Broad-based Anti-Corruption Commission (IBAC).
We are updating our website to reflect these changes. Please be aware that some of the information on our website may not be current. For further information, please contact Stephen Cooper, Manager Governance and Communication on 9932 1000.
Further information may also be obtained from the following websites:
Independent Broad-based Anti-Corruption Commission
Local Government Inspectorate
Our statement of support to the whistleblower
Hobsons Bay City Council is committed to the aims and objectives of the Act. It does not tolerate improper conduct by its employees, officers or members, nor the taking of reprisal against those who come forward to disclose such conduct.
We recognise the value of transparency and accountability in administrative and management practices and support the making of disclosures.
The Council will take all reasonable steps to protect individuals who make corrupt or improper conduct 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.
Who can complain?
Any member of the public or employee can complain as long as they have grounds to believe that improper or corrupt conduct has occurred.
- Conduct that is corrupt, a substantial mismanagement of public resources, or conduct involving substantial risk to public health or safety or to the environment;
- The conduct must be serious, if proved, a criminal offence or reasonable grounds for dismissal;
Example: An environmental health officer ignores or conceals evidence of illegal dumping of waste.
- Any person that affects the honest performance of a public officer or the functions of the public agency;
- A public officer performing his or her duties in a dishonest and inappropriate manner;
- An act by a public officer (former public officer or a public agency ) that amounts to a breach of public trust;
- A public officer (former public officer or a public agency) that misuses information or material acquired in the course of the performance of their official duties; or
- A person conspiring to attempting to engage in the above mentioned conduct.
Example: A public officer sells confidential information
Complaint against whom?
Complaints can be made against all public agencies and any public officers including council staff and councillors.
Making a complaint?
Within Hobsons Bay City Council disclosures of improper conduct or detrimental action by Council or its employees may be made to the following Officers:
All correspondence, phone calls and emails making a disclosure from internal and external whistleblowers will be referred to the Protected Disclosure Coordinator. All information or details will be treated and kept in the strictest of confidence.
Mark all correspondence to the attention of The Protected Disclosure Coordinator – CONFIDENTIAL to be opened by addressee only.