This guide provides information and guidance on making a protected disclosure.

The Protected Disclosures (Protection of Whistleblowers) Act 2022 (or PDA) is about disclosing serious wrongdoing – sometimes called ‘whistle-blowing’ – and explains the procedures to be followed when making a disclosure, as well as the protections available to those who do make a disclosure.

  • If you’re concerned about serious wrongdoing in your workplace, the Ombudsman is able to provide you with information and guidance.

 

  • Contents
What is the Protected Disclosures Act? 4

What is serious wrongdoing? 4

Who is protected? 5

When is my disclosure protected? 6

What protections do I have? 7

Confidentiality 7

Immunity from civil, criminal and disciplinary proceedings 8

Protection from retaliatory action or unfavourable treatment 9

How do I make a protected disclosure? 10

Who can I disclose to? 10

Internal procedures for your organisation_ 11

What should I disclose? 12

What happens when I make a protected disclosure? 12

What can I do if I believe my disclosure is not being addressed? 13

Special rules for international relations and intelligence and security information_ 13

International relations information_ 14

Intelligence and security information_ 14

Referral of protected disclosures 14

Appropriate authorities 14

What can the Ombudsman do? 15

Information and guidance_ 15

What other guidance can the Ombudsman provide? 16

Receiving protected disclosures 16

How does the Ombudsman protect confidentiality? 17

How to contact the Ombudsman_ 17

Ready to make a protected disclosure? 17

Appendix 1. Some key appropriate authorities 18

Commissioner of Police_ 18

Controller and Auditor-General 18

Director of the Serious Fraud Office (SFO) 18

Inspector-General of Intelligence and Security 18

Ombudsman_ 19

Parliamentary Commissioner for the Environment 20

Independent Police Conduct Authority (IPCA) 20

Solicitor-General 20

Public Service Commission_ 20

Health and Disability Commissioner 21

Other appropriate authorities 21

 

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