Protected Disclosure

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).

Council has established guidelines and procedures for reporting and investigating disclosures of improper conduct or detrimental action by Hobsons Bay City Council or its employees.

The guidelines and procedures also cover managing the welfare of any person who either makes a protected disclosure, is a witness in an investigation of a protected disclosure complaint or any person who is the subject of such an investigation.

Our statement of support for persons making protected disclosures

Council is committed to the aims and objectives of the Protected Disclosure Act 2012 (PD Act). It does not tolerate improper conduct by its employees, officers or members, nor the taking of reprisals against those who come forward to disclose such conduct.

Hobsons Bay City Council 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.

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

Who can make a disclosure?

Any member of the public or an employee of Hobsons Bay City Council can make a disclosure as long as they have grounds to believe that improper or corrupt conduct has occurred.

Disclosures can be made in writing, including emails, verbally in person, or over the phone.

Who is the complaint about?

For the disclosure to be responded to by the Hobsons Bay City Council, it must concern an employee, member or officer of the Hobsons Bay City Council. If the disclosure concerns an employee, officer or member of another public body, the person who has made the disclosure must be advised of the correct person or body to whom the disclosure should be directed. In such circumstances the person will generally be advised to make their disclosure to IBAC.

A disclosure about the Chief Executive Officer or a Councillor should be immediately referred to the Independent Broad-Based Anti-Corruption Commission (IBAC).

A disclosure about improper conduct or detrimental action by Hobsons Bay City Council or its employees, may also be made directly to IBAC.

Making a complaint?

Disclosures of improper conduct or detrimental action by Hobsons Bay City Council or its employees may be made to the following officers:




The Protected Disclosure Coordinator

Manager Governance and Local Laws

9932 1000

The Protected Disclosure Officer

Governance Coordinator

9932 1000

Welfare Manager

Director Corporate Services

9932 1000

All correspondence, phone calls and emails making a disclosure from internal and external persons will be referred to the Protected Disclosure Coordinator. All information 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.