aafcans-logo-orange
Facebook-f Twitter Instagram Google
AAFANS-Page-Header-Banners-General-Banner

Public Interest Disclosure

Policy statement

This policy applies to:

  • All current and former personnel
  • Individuals and organisations that provide goods or services under a Commonwealth contract or sub-contract and their officers or employees.

The purpose of the Public Interest Disclosure Act (PID Act) and the ASIC Whistleblower rights and protections under the Corporations Act 2001 is to promote the integrity and accountability of the Commonwealth public sector and ensure whistleblowers that come forward with concerns are protected, by:

  • Encouraging and facilitating the making of disclosures of suspected wrongdoing by public officials
  • Ensuring that public officials who make protected disclosures are supported and protected from reprisals for making a disclosure
  • Ensuring that disclosures are properly investigated and managed.

These two areas of legislation operate together and provide substantially the same protections.

The following tables detail who can make a report or disclosure, the type of information and disclosable conduct required to meet the protection requirements and whom it should be reported. 

 

What is an internal public interest disclosure?

When a public official (s69) (current or former)discloses information (s26)about disclosable conduct (s29)to an authorised internal recipient (s34)they receive protection
  • Public servants
  • Service providers under a Cwth contract
  • Defence Force members
  • Statutory office holders
  • Staff of Cwth companies
  • Temporary employees engaged through a recruitment agency.

Individuals taken to be public officials

The information tends to show, or the public official reasonably believes tends to show, disclosable conduct

Conduct engaged in by an agency, public official or contracted service provider

AND involves

  • illegal conduct
  • corruption
  • maladministration
  • abuse of public trust
  • deception relating to scientific research
  • wastage of public money

unreasonable danger to health or safety or to the environment

  • An authorised officer within the disclosing public official’s current or previous agency
  • An authorised officer of the agency that the disclosable conduct relates to

Protection from:

  • Reprisals
  • Exposure of their identity without consent (subject to some exceptions including if you act inconsistently with the protection)
  • Civil, criminal or administrative liability (s10)

The PID Act will not protect you:

  • if you knowingly disclose false or misleading information, or

from the consequences of your own wrongdoing which may be investigated as a result of the PID.

  1. An authorised internal recipient may be a public officer at the Commonwealth Ombudsman or IGIS (if the matter relates to an intelligence agency) if the discloser believes it is appropriate as they used to belong to the Commission or the matter relates to the Commission.

Criteria for protection as a whistleblower per ASIC:

CriteriaThe law requires
Your role

You MUST be a current or former:

  • Employee of the organisation your disclosure is about, or a related company or organisation
  • Officer (usually meaning a director or company secretary) of the organisation your disclosure is about, or a related organisation
  • Person (or employee of a person/entity) who has supplied goods and services to the organisation (or related organisation) your disclosure is about.  This can be either paid or unpaid and can include volunteers
  • Associate of the organisation, usually a person with whom the organisation acts in concert
  • Trustee, custodian or investment manager of a superannuation entity
  • Spouse, relative or dependant of one of the people above.

If one of the requirements above is met, you do not have to identify yourself or your role, and you raise your concerns anonymously.

The organisation your disclosure is about MUST be:

  • A company
  • A bank
  • A provider of general insurance or life insurance
  • A superannuation entity or trustee, or
  • An incorporated association or other body corporate that is a trading or financial corporation.  This includes not for profit organisations that trade in goods or services, lend or borrow money, or provide other financial services, and their trading or financial services make up a sufficiently significant proportion of their overall activities.

You MUST make your disclosure to:

  • A director, company secretary, company officer, or senior manager of the organisation, or a related company or organisation
  • An auditor, or a member of the audit team, of the organisation
  • An actuary of the organisation
  • A person authorised by the organisation to receive whistleblower disclosures
  • ASIC or the Australian Prudential Regulation Authority (APRA), or
  • Your lawyer, if disclosing to obtain legal advice or representation.

While you must make your disclosure to one these people or organisations, you can raise your concerns anonymously.

You MUST have reasonable grounds to suspect that the information you are disclosing about the organisation concerns:

  • Misconduct, or
  • An improper state of affairs or circumstances.

This information can be about the organisation, or an officer or employee of the organisation, engaging in conduct that:

  • Breaches the Corporations Act
  • Breaches other financial sector laws enforced by ASIC or APRA
  • Breaches an offence against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months, or
  • Represents a danger to the public or the financial system.

‘Reasonable grounds’ means that a reasonable person in your position would also suspect the information indicates misconduct or a breach of the law.

There are additional protections if your concerns relate to matters in the public interest or an emergency.

Whistleblowers may report to journalists or parliamentarians in limited circumstances such as in matters of public interest or emergencies.  These reports must have previously been reported to ASIC.  If you disclose your concerns to the public in another way, these protections do not apply.

The PID Act and whistleblower rights complement existing notification, investigation and complaint handling policies and procedures.  For example, where a public interest disclosure concerns suspected fraud, the investigation will be conducted in accordance with the Fraud policy.

These processes provide additional protections for disclosers and reporting obligations for agencies.

Who to contact with a Public Interest Disclosure or Whistleblower concern?

For further information regarding this policy or to make a disclosure, please refer to the Commonwealth Ombudsman website (at https://www.ombudsman.gov.au).

To report an internal matter, please contact AAFCANS’ Head of Governance & Risk or Managing Director who are the PID Officer and Deputy PID Officer respectively on 07 3155 5375 between 7.30am and 3.30 pm Monday to Friday or at pid@aafcans.gov.au.

AAFCANS commitment

AAFCANS is committed to ensuring the highest level of ethics in our organisation and support public interest disclosure.

We encourage any person who considers that they have witnessed wrongdoing to come forward and make a disclosure.

The welfare and safety of employees and customers is AAFCANS’ first priority.  Damage to our business through inappropriate conduct or wrongdoing must be addressed and corrected as soon as possible.

Tim Manic

Managing Director

RESPONSIBILITIES
Policy Manager: Head of Governance & RiskApproval Authority: Managing Director
Date of Publication: 16 April 2025Date to be Reviewed: 16 April 2027

Policy Word Version

PDF Version