The public interest disclosure scheme supports the reporting and investigation of allegations of serious wrongdoing in the ACT Government.
Public Interest Disclosure Act 2012
The Public Interest Disclosure Act 2012 provides a way for people to report disclosable conduct, an ensures they are protected and treated respectfully throughout the process.
Disclosable conduct means an action, policy, practice or procedure of a public sector entity or public official that:
- is maladministration (results in substantial mismanagement of public resources or funds, or substantial mismanagement in the performance of official functions); or
- results in substantial danger to public health or safety or the environment.
Disclosable conduct does not include an action, policy or procedure that relates to a personal work-related grievance of the person disclosing the conduct.
Making a public interest disclosure
A disclosure of disclosable conduct (also referred to as a 'public interest disclosure') can be made by anyone. Individuals can submit an allegation orally or in writing and anonymously if they prefer. A disclosure may be made to:
- a Disclosure Officer (see contact details below); or
- a Minister; or
- if the person is a public official for a public sector entity—
- the person’s manager; or
- for a public sector entity that has a governing board—a member of the board; or
- a public official of the entity who has the function of receiving information of the kind being disclosed or taking action in relation to that kind of information.
Further information is available from the ACT Integrity Commission.
For information on fraud and corruption see the TCCS Fraud and Corruption Prevention Plan 2022-24 (Word 494.6 KB) which outlines the responsibilities of employees and details the Directorate's position when dealing with suspected fraud and corruption.
Contact us
The Public Interest Disclosure Act 2012 specifies certain people that can receive an allegation (report of disclosable conduct). These include those nominated to be a Disclosure Officer.
The nominated Disclosure Officers for the directorate are:
Frequently asked questions
Can I make an anonymous disclosure?
Yes, Transport Canberra and City Services accepts anonymous disclosures. However, where an anonymous disclosure is made, the discloser will not be kept informed of progress on the disclosure, nor will Transport Canberra and City Services be able to provide them with protection.
Where an ACT public servant has information and feels they cannot discuss it with someone from within TCCS, they should inform the ACT Integrity Commissioner, Public Sector Standards Commissioner, the Head of Service or a Disclosure Officer from another ACTPS entity.
What is a public interest disclosure?
Sometimes matters are so serious that they sit outside the normal complaint or feedback system. When these are identified or disclosed, it becomes apparent that these matters fall within a category called a public interest disclosure. This is a process within government to deal with matters of a serious nature, which it is in the interest of the public to resolve.
The Public Interest Disclosure Act 2012 identifies what is and what is not a public interest disclosure. A public interest disclosure is not a mechanism for solving a personal grievance.
A public interest disclosure includes activity by an ACT public sector employee or entity that:
- is illegal;
- is a substantial misuse or waste of public money or resources;
- is misconduct;
- is maladministration that adversely affects a person’s interest in a substantial or specific way;
- presents a substantial and specific danger to the health or safety of the public; or
- presents a substantial and specific danger to the environment.
What must a directorate do under the Public Information Disclosure Act?
Each directorate has the following responsibilities:
- declare at least one Disclosure Officer;
- keep the list of Disclosure Officers current;
- make information on public interest disclosure procedures accessible;
- notify the Commissioner of any disclosures;
- determine whether to investigate a disclosure or whether a matter needs to be referred to another entity for investigation;
- keep the discloser and other parties informed during the process in accordance with the timeframes and other requirements in the Act; and
- take action if the disclosable conduct is proven.
What are the procedures for lodging a disclosure?
The procedures are outlined in the Public Interest Disclosure Guidelines 2019 (Commissioner’s Guidelines).
These guidelines explain and support public interest disclosure arrangements and assist individuals who wish to make a disclosure, as well as ensure that directorates have arrangements in place to consider disclosures and take appropriate action on public interest disclosures. The Commissioner’s Guidelines include:
- what is a public interest disclosure;
- who can make a public interest disclosure;
- protection for people who make disclosures;
- who can receive a public interest disclosure and what they must do with the information disclosed;
- who will be responsible for determining whether an investigation is required and how it should be conducted;
- who is the decision-maker in relation to public interest disclosures, and what actions may be undertaken in response to a public interest disclosure;
- who is responsible for keeping the discloser informed; and
- avenues of review available against a public interest disclosure decision.
What is the role of the Disclosure Officer?
The role of the Disclosure Officer is to receive the disclosure and to inform the TCCS Senior Executive Responsible for Business Integrity (SERBIR) of the disclosure. The SERBIR will advise the ACT Integrity Commission of the disclosure and complete the initial disclosure assessment. In the absence of the SERBIR, a Disclosure Officer can also complete the initial disclosure assessment.
What happens when the investigation is completed?
Once an investigation is complete, the Disclosure Officer (usually the SERBIR) will decide on an appropriate course of action. The SERBIR will advise the discloser of the outcomes of the disclosure and ensure that appropriate action occurs.
All decisions made under the Public Interest Disclosure Act 2012 are subject to review. If the discloser is dissatisfied with how TCCS has handled the public interest disclosure, they can seek clarification from the Disclosure Officer (internal review), or a formal review by the Commissioner for Public Administration or the ACT Ombudsman. This process is detailed in the Commissioner’s Guidelines.
