Public Interest Disclosure Policy

1. Purpose

To provide guidance on receiving and managing suspected wrongdoing (disclosable conduct) at the Canberra Institute of Technology (CIT) by its employees, or persons engaged by or on behalf of CIT.

It aligns with the requirements of the Public Interest Disclosure Act 2012, the ACT Integrity Commission Guidelines 2021, and the ACT Public Service Integrity Governance Policy 2022.

2. Scope

This policy applies to all CIT employees, contractors and volunteers. Disclosures made by students and members of the public will be managed by CIT in accordance with this policy and the Public Interest Disclosure (PID) Act 2012. The suspected wrongdoing must be about maladministration, threats to public safety and health or a threat to the environment.

This policy complements CIT’s Fraud and Corruption Policy. Where a matter may be both a PID and suspected fraud/corruption, both policies apply in a coordinated manner.

3. Principles

3.1 Reporting suspected wrongdoing is essential to the integrity of the CIT and the ACT Public Service. Serious or systemic concerns, outside the bounds of regular complaint handling processes, are referred to as a Public Interest Disclosure (PID). These matters are dealt with under the Public Interest Disclosure Act 2012 (the Act).

3.2 Examples of disclosable conduct under the Act include:

1. Corrupt conduct – conduct that is a criminal offence, a serious disciplinary or employment-related offence for a public official, or a breach of public trust. It includes actions like a public official dishonestly or partially exercising their functions, misusing information acquired through their role, benefiting from not declaring a conflict of interest or any conduct that adversely affects the honest or impartial performance of official duties.
2. Fraud or theft – a dishonest act or omission done with the knowledge of deceiving. This involves dishonestly obtaining a benefit or causing a loss through deception or other means. These benefits can be tangible (like money) or intangible (like information or status). One instance of this is where a CIT employee knowingly approves fraudulent payments or misappropriates public funds for personal gain.
3. Practices endangering the health or safety of staff, students, the community or the environment. For example, CIT fails to address unsafe practices that place students or staff at risk.

3.3 Examples of undisclosable conduct under the Act include:

1. Personal or work-related grievances
2. Employment and industrial matters
3. Allegations of bullying or harassment
4. Individual performance management concerns
5. Workplace health or safety concerns
6. Matters already handled by other mechanisms such as grievance procedures and complaints management policy

3.4 CIT employees have an obligation under the Public Sector Management Act 1994 to report suspected corruption, fraud or maladministration. This can be done as a disclosure under the PID Act or by reporting to a relating entity.

3.5 Disclosures under the PID Act should be made to a CIT Disclosure Officer.  The Act also allows a disclosure to be made to other authorised ACT Government Disclosure Officers, including the Integrity Commissioner, the ACT Ombudsman, the Auditor‑General, the Public Sector Standards Commissioner, the Head of Service, or the head of another ACT public sector entity.

3.6 The CIT Disclosure Officers are responsible for determining whether a disclosure qualifies as a PID and therefore requires referral to the ACT Integrity Commission and taking appropriate course of action, including required investigations. CIT Disclosure Officers can be found on the CIT website and the ACT Integrity Commission’s website.

3.7 Under the Act, CIT is not obliged to take on public interest disclosures if they are assessed and determined to be frivolous, trivial, vexatious, lacking substance or have already been dealt with adequately by CIT, a regulatory agency, or a court of law. Any decision not to proceed must be made in accordance with the Integrity Commission’s Public Interest Disclosure (Managing Disclosures and Conducting Investigations) Guidelines 2021. Disclosers are subject to heavy penalties for providing information that they know is false or misleading.

3.8 Protections for disclosers are made under Part 7 of the Act. CIT will protect disclosers and take steps to ensure no detrimental action against the discloser. Protection will not be provided to people who knowingly make false or misleading claims.

3.9 A disclosure may be made orally or in writing. Disclosures can be made to CIT Disclosure Officers or to other ACT Government Disclosure Officers listed on the ACT Integrity Commission’s website.

3.10 A disclosure can be made anonymously or in-confidence. Where a disclosure is made anonymously CIT will be unable to provide an update about the report. Where a disclosure is made in-confidence, the discloser’s identity will not be revealed without that person’s consent, unless required by law.

3.11 Disclosures may also be made inadvertently i.e. during a casual conversation or where a person witnesses the disclosure of information. In such cases, everyone is encouraged to report these matters to the CIT Disclosure Officer.

3.12 CIT Disclosure Officers will undertake PID responsibilities in accordance with the Public Interest Disclosure (Integrity Commission – Managing Disclosures and Conducting Investigations) Guidelines 2021.

3.13 The CIT Disclosure officer will assess whether a disclosure is about disclosable conduct and whether it was made in good faith. If the disclosure officer is satisfied on reasonable grounds that it is, they will refer the disclosure to the ACT Integrity Commission to assess whether it qualifies as a PID.

3.14 Under section 17 of the Act the CIT Disclosure Officer must provide a copy of the disclosure to the ACT Integrity Commission. for assessment and must do so as soon as practicable after receiving the disclosure. The Integrity Commission will determine whether the disclosure is a Public Interest Disclosure under the Act and may issue directions to CIT regarding the handling or referral of the matter.

3.15 The CIT Disclosure Officer will confirm receipt of disclosure (where the disclosure is identifiable) once disclosure is made. If a disclosure is investigated, the discloser will be informed of the progress of the investigation at least once every three months, and about the outcome of the investigation when concluded.

3.16 If a disclosure involves, or could involve a crime against the Crimes Act, or the Criminal Code, the disclosure will be referred to the Australian Federal Police.

3.17 Relevant public interest disclosure information is reported in the CIT Annual Report.

4. Documentation

Authority source

• Public Interest Disclosure Act 2012

Related documents

• Public Sector Management Act 1994
• ACT Public Service Integrity Governance Policy 2022

Supporting guide

• Public Interest Disclosure (Integrity Commission – Managing Disclosures and Conducting Investigations) Guidelines 2021

5. Definitions

6. Policy Contact Officer

For more information about this policy contact the Senior Executive Responsible for Business Integrity and Risk CIT_SERBIR@cit.edu.au.

Contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.

7. Procedures

This policy is implemented in accordance with the requirements of the Public Interest Disclosure (Integrity Commission – Managing Disclosures and Conducting Investigations) Guidelines 2021.