Public sector employees have stronger whistleblower protections than private sector employees at both State and Commonwealth levels.

Victorian public sector employees can make a protected disclosure about a Victorian public body or public officer under the Protected Disclosure Act 2012 (Vic) on the basis that a person, public officer or public body has engaged, is engaging or proposes to engage in improper conduct.

“Public bodies” and “Public Officers” can include government departments and agencies, statutory authorities, local councillors, universities, public hospitals and government appointed boards and committees.

“Improper conduct” includes corrupt conduct, a criminal offence or conduct that would constitute reasonable grounds for dismissal. Depending on the public body or public officer concerned, a protected disclosure can be made to a nominated person within the public body, Independent Broad based Anti-Corruption Commission (IBAC) or the Victorian Ombudsman.

Protection afforded to Victorian public sector employees includes:

  • the ability to sue a person for damages or to seek an injunction against them if they take detrimental action in reprisal for a protected disclosure
  • immunity against civil or criminal liability or administrative process, including disciplinary action for making the disclosure
  • immunity against any penalty that may arise from disclosing information that would otherwise breach confidentiality provisions
  • a privilege against a defamation action
  • recourse to court ordered remedies for reprisal action.

Criminal charges can also be brought against any person or body that reveals the identity of the person who made an assessable disclosure or the contents of an assessable disclosure.

Commonwealth public sector employees are able to make a protected disclosure under the Public Interest Disclosure Act 2013 (Cth) if there has been “disclosable conduct” by either an agency, a public official in connection with their position or an officer or employee of a contracted service provider. “Disclosable conduct” can include conduct that contravenes a Commonwealth, state or territory law, is corrupt, perverts the course of justice or is an abuse of public trust.

Commonwealth public sector employees who make a protected disclosure may receive protection from civil and criminal liability and support and protection from any reprisal as a consequence of the disclosure.

Protection afforded to Commonwealth public sector employees includes:

  • protection of the discloser’s identity
  • immunity from civil, criminal or administrative liability
  • support and protection from reprisal
  • recourse to court ordered remedies for reprisal action.