Public interest disclosures (PIDs) under the Public Interest Disclosure Act 2010 (Qld) are a common occurrence for many councils. That Act sets out strict obligations for councils to manage PIDs. Councils occasionally fail to manage PIDs promptly and diligently. However, councils should avoid overreacting to PIDs – stopping reasonable employment processes such as performance management or discipline, and rushing into a potentially unwarranted and expensive investigation which soaks up time and resources. Sometimes those actions are necessary, but understanding the obligations and options allows for informed decisions and an appropriate process. We support our clients to effectively manage PIDs, and some of our tips are below.
What is a PID?
Not every disclosure meets the definition of a PID.
Councillors and members of the public can make PIDs about four categories of issues.[1] Public officers can make PIDs about broader issues such as alleged corrupt conduct, maladministration,[2] or misuse of resources.
The discloser must have an honest and reasonable belief the disclosure shows the relevant issue, or provide information tending to show it. A council employee’s allegations about fraud, discrimination or bullying could all potentially be PIDs.
Council’s Key Obligations
Some critical obligations for councils managing PIDs are:
- Establish procedures: Procedures to assess disclosures, investigate disclosures when appropriate, support disclosers, and address any identified wrongdoing must be created.
- Reprisal Risk Management: Identify and manage reprisal risks, in tandem with managing psychosocial safety risks.
- Referral: If a PID is also an allegation of ‘corrupt conduct’, as defined in the Crime and Corruption Act 2001 (Qld), it generally needs to be referred by council to the Crime and Corruption Commission.
- Confidentiality: Strict confidentiality must be maintained over PIDs, subject to exemptions (e.g. to investigate the disclosure). Breaching confidentiality may constitute an offence.
- Records: Make and retain detailed records about council’s management of a potential PID. Even if council determines a disclosure is not a PID, that decision should still be recorded as this may later be the subject of dispute.
Avoiding PID Paralysis
Employees sometimes raise complaints to subvert or stop employment processes.[1] Each disclosure must be managed diligently. It is sometimes possible to continue an employment process while managing that employee’s disclosure. If managed expertly, with council’s decision-makers independent and insulated, prompt and compliant resolution of the PID and employment process can be achieved.
Importantly, bear in mind that:
- A PID is a shield against reprisal. It does not render a discloser immune to lawful and reasonable management action.
- Not every PID requires an investigation. A council may elect not to investigate or further deal with a PID where, for example:
- relevant information is too dated;
- it is too trivial, and dealing with it would substantially and unreasonably divert Council’s resources; or
- the matter has been investigated or dealt with by another process.
PID paralysis can be avoided. Disciplined PID management, supported by experienced advisors, will allow your Council to meet its obligations, protect disclosers, and mitigate operational disruptions.
Key takeaways
Councils should assess whether a disclosure truly meets the definition of a PID before acting. PIDs must be managed promptly and confidentially, with clear records and consideration of reprisal and psychosocial safety risks. It is not always necessary to investigate every PID, and reasonable management action can often continue alongside the process. Careful, informed management supported by experienced advisors helps ensure compliance while avoiding unnecessary disruption.
Please reach out to Cameron Dean or Bernard Dwyer from our Employment Relations and Safety Team if you have any questions.
[1] A substantial and specific danger toa disabled person’s health or safety, issues related to substantial and
specific environmental dangers covering two categories, and reprisals.
[2] This is a very broad category which includes ‘unreasonable’ Council administrative actions.
[3] For example, disciplinary action, performance management or redundancy
