Draft Reporting Directions

LG Leader March 2019

Our readers are familiar with the requirements of the ICAC Directions and Guidelines. It is, therefore, important to note that the ICAC has recently issued Draft Reporting Directions and Public Interest Disclosure Guidelines (Draft) under both the Independent Commissioner Against Corruption Act 2012 and the Public Interest Disclosure Act 2018 (noting that this latter Act, whilst having been assented to, is not yet in operation). The Draft is open for consultation until the close of business on 5 April 2019.

What do you need to know about the Draft?

  • it will replace the current Directions and Guidelines which operate under the ICAC Act;
  • it will operate as a product of the ICAC in two parts being directions under the ICAC Act and guidelines under the PID Act;
  • all public officers must be familiar with both the directions and the guidelines;
  • public officers will continue to be subject to mandatory reporting obligations where he/she reasonably suspects corruption in public administration or serious or systemic misconduct or maladministration in public administration exists, but now subject to the exception unless the public officer knows that the matter has already been reported (for corruption to the OPI and for misconduct or maladministration to the OPI or the Ombudsman);
  • the Draft continues to provide guidance to assist in understanding the reporting guidelines, what is meant by ‘serious’ or ‘systemic’, the formation of a reasonable suspicion and how to report to the OPI;
  • the Draft explains the two types of public interest information (1. environmental and heath, and 2. public administration) and what amounts to a “public interest disclosure”;
  • the “relevant authority” for the receipt of a public interest disclosure is, variously, elected members, the council CEO and other council employees;
  • “public officers” (as defined in Schedule 1 to the ICAC Act) who make relevant disclosures are eligible for protections under the PID Act;
  • a public officer who makes a report to the OPI under the ICAC Act will also be making an appropriate disclosure of public administration information under the PID Act sufficient to, ordinarily, invoke the protections of the PID Act.

To better understand the obligations and protections under both the ICAC Act and the PID Act (and, if you wish to make a submission) please access the Draft here.

If you require training and/or assistance with the Procedures under the PID Act, please click here to see our offering.

For more information please contact Michael Kelledy on 08 8113 7103 or email mkelledy@kelledyjones.com.au.