Public Interest Disclosure - naming Responsible Officers

LG Leader September 2019

The Statutes Amendment (Attorney-General’s Portfolio) (No 2) Bill 2019 (‘the Bill’) has now passed both House of Parliament and is awaiting assent. The Bill amends section 12 of the Public Interest Disclosure Act 2018 (‘the Act’), requiring a council to have a Procedure in place.

Whilst this now will provide a definitive position for councils, it was always our advice that given the roles and responsibilities for employees and Council members created under the Act, a council should have such a Procedure in place.

Whilst delivering training and advising in this area, we have ascertained some uncertainty amongst councils regarding whether a Responsible Officer under the Act must be personally named in a council’s Procedure.

To be clear, there is no requirement for a council’s Procedure to include the names of the Responsible Officers.

While sub-section 12(3) of the Act provides that the CEO ‘must ensure that the name and contact details of each responsible officer of the … council are made available to officers and employees of the … council’’ there is no requirement that the names of the Responsible Officers be made available to the public ‘at large’.  Further, while Guideline 4 of the Public Interest Disclosure Guidelines (as prepared by the ICAC) sets out the matters that are required to be included in the Procedure (in addition to those contained in section 12(5) of the Act), they do not require that a Responsible Officer be personally named.

All that is required under section 12 of the Act (and Guideline 4), is that the CEO make the name and contact details of the Responsible Officers known to the officers and employees of the Council, and while the Responsible Officers are to be identified (by reference to positions or individuals) as having certain responsibilities under the Procedure, there is no requirement that they be personally named. Identification by position is sufficient.

For more information, please contact Natasha Jones on 08 8113 7102 or at njones@kelledyjones.com.au.