LPLC Public Interest Disclosure policy approved 16 September 2020.
The Public Interest Disclosures Act 2012 (Vic) (PID Act) encourages and facilitates making disclosure of improper conduct of public bodies or public officials, and protects people making a Public Interest Disclosure – a process commonly known as ‘whistleblowing’.
Protections include keeping the identity of the person reporting improper conduct confidential and protecting them from reprisals including bullying, harassment or legal action.
LPLC is committed to transparency and accountability. LPLC does not tolerate improper conduct, misconduct or reprisals against persons who disclose such conduct.
We support the making of disclosures revealing improper conduct and will take all reasonable steps to protect people making disclosures from detrimental action taken in reprisal against them. We are also committed to affording natural justice to the person the subject of the disclosure.
A Public Interest Disclosure is a disclosure by a natural person of information showing or tending to show improper conduct or detrimental action by LPLC or its Committee members, staff or contractors.
A Public Interest Disclosure can also be made about detrimental action that may be engaged in by LPLC, a Committee member, employee or contractor of LPLC.
Detrimental action includes harassment or discrimination or other adverse action taken against the discloser in reprisal for having reported the alleged improper conduct.
Improper conduct includes:
(a) corrupt conduct
(b) criminal offences
(c) serious professional misconduct
(d) dishonest performance of public functions
(e) intentional or reckless breach of public trust
(f) intentional or reckless misuse of information
(g) substantial mismanagement of public resources
(h) substantial risk to health or safety of a person
(i) substantial risk to the environment
(j) conduct of any person that adversely affects the honest performance by a public officer of their functions; and
(k) 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.
Any person (including a member of the public) can make a Public Interest Disclosure about improper conduct by public bodies and public officers. This includes a person who is a member, officer or employee of a public body or public officer.
A company or a business cannot make a Public Interest Disclosure – it must be made by an individual or a group of individuals.
A Public Interest Disclosure of improper conduct against LPLC, its Committee members, employees or contractors must be made directly to the Independent Broad-based Anti-corruption Commission (IBAC).
The PID Act does not permit a Public Interest Disclosure to be made directly to LPLC.
A Public Interest Disclosure to IBAC may be made in a number of ways set out in the PID Act, including anonymously, in writing or orally.
Level 1, North Tower
459 Collins Street
GPO Box 24234
Melbourne VIC 3000
If you make a Public Interest Disclosure to IBAC about an LPLC officer or employee, you do not need to let LPLC know.
If IBAC decides that your Public Interest Disclosure is not a disclosure about improper conduct or detrimental action, IBAC may refer your disclosure to the Department of Justice & Community Safety or to LPLC to deal with under the Department’s or LPLC’s complaints handling procedures.
The PID Act contains protections for persons who make a Public Interest Disclosure, including (but not limited to) immunity from liability, protection from defamation and protection from detrimental action in reprisal for making a protected disclosure.
The protections apply whether IBAC determines that the disclosure is a Public Interest Complaint or not.
LPLC will maintain confidentiality of any Public Interest Disclosure of which it becomes aware, and of all related communications, in accordance with its legal obligations.
For further information on reporting corruption and improper conduct and IBAC’s Public Interest Disclosure processes please contact IBAC (using the contact details above) or visit IBAC’s website at https://www.ibac.vic.gov.au/reporting-corruption.
Alternatively, if the conduct about which you are concerned is not corruption, improper conduct or detrimental action, you may can make a complaint directly to LPLC via LPLC’s complaints management process at https://lplc.com.au/about-us/feedback/complaints/.
Approved 16 September 2020