Mount Alexander Shire Council is committed to the aims and objectives of the Public Interest Disclosure Act 2012.
The Act enables people to make disclosures about improper conduct within the public sector without fear of reprisal. The Act aims to ensure openness and accountability by encouraging people to make disclosures and protecting them when they do.
What is a Public Interest Disclosure?
A Public Interest Disclosure is a complaint of improper conduct by a public officer or body, which includes Councillors and Council staff.
Improper conduct includes corrupt conduct and other conduct that may be considered dishonest or a substantial departure from what would be expected of a public officer or body.
To report improper conduct you must believe, on reasonable grounds, that a Councillor or Council employee has engaged in, or proposes to engage in, improper conduct.
Improper conduct is defined as:
- corrupt conduct
- a criminal offence
- a serious professional misconduct
- dishonest performance of public functions
- intentional or reckless breach of public trust
- intentional or reckless misuse of information
- substantial mismanagement of public resources
- substantial risk to health or safety of a person
- substantial risk to the environment
- conduct of any person that adversely affects the honest performance by a public officer of their functions
- conduct of any person that is intended to adversely affect the effective performance by a public officer of their functions, for the benefit of the other person.
It is not a public interest disclosure if the complaint or allegation is already in the public domain.
A disclosure can be made by email, by mail, in persons or orally.
Email:
Email the disclosure to the Public Interest Disclosure Coordinator or officer clearly titled Public Interest Disclosure, at email: a.sheppard@mountalexander.vic.gov.au.
In person:
Deliver personally to Council offices at:
Civic Centre,
Corner Lyttleton and Lloyd Streets,
Castlemaine VIC 3450
By mail:
Mail and send, clearly labelled Public Interest Disclosure to:
PO Box 185,
Castlemaine. VIC 3450
Oral:
An oral disclosure to Council must be made in private and may be made in one of the following ways.
- in person at Council offices at Civic Centre, Corner Lyttleton and Lloyd Streets, Castlemaine
- by phone to one of the persons authorised to receive disclosures set out in this procedure, including by leaving a voicemail message on that telephone number or by some other form of non-written electronic communication. See Council contacts section for contact details.
If the disclosure is made orally, the person receiving the disclosure will make notes at the time recording the disclosure. Recording of the conversation will only be done with the disclosure’s permission or by giving prior warning the conversation will be recorded.
The Public Interest Disclosure Coordinator and/or Officer will determine whether the disclosure has been made to the right body and then whether the matter falls under the act.
A disclosure received by a direct or indirect manager, or the Chief Executive Officer will be referred to the Public Interest Disclosure Coordinator and/or Officer for further action.
The Public Interest Disclosure Coordinator or Officer:
- receives all disclosures, forwarded from Council’s Public Interest Disclosure Officers or other employees authorised to receive a public interest disclosure
- impartially assesses the allegation and consider whether it is a disclosure required to be notified to the IBAC for assessment under section 21 of the act
- is the contact point for general advice about the operation of the act, and for integrity agencies such as the IBAC
- is responsible for ensuring Council carries out its responsibilities under the Act, any regulations made pursuant to the Act and any guidelines issued by the IBAC
- establishes and manages a confidential filing system
- takes all necessary steps to ensure the identity of the person making a Public Interest Disclosure and the identity of the person who is the subject of the disclosure are kept confidential
- liaises with the Chief Executive Officer regarding a disclosure
- is responsible for arranging any necessary and appropriate welfare support for the discloser, including appointing a Welfare Manager to support the discloser and to protect them from any reprisals
- where appropriate and in accordance with these procedures, undertakes the role of the Welfare Manager to support the discloser and to protect them from any reprisals
- advises the discloser, appropriately and in accordance with the act, on the progress of the disclosure and the stage reached at a given time.
If you do not wish to report your disclosure to Council, you can report improper conduct using the public interest disclosure process via the following means as well:
- Directly to the Independent Broad-based Anti-corruption Commission (IBAC):
- Call 1300 735 135 to request a form to be sent to you
- Complete the IBAC complaint form online
- Download the complaint form from the IBAC website and submit it by email or post.
For more information on reporting improper conduct, you can watch the video My local council: if something is not right, who do I complain to?. This is a video developed by IBAC.
- Directly to the Victorian Ombudsman:
- Call 03 9613 6222
- Email: ombudvic@ombudsman.vic.gov.au
3. Directly to the Victorian Inspectorate:
- Call 03 8614 3225
- Email: info@vicinspectorate.vic.gov.au