Resources for Public Interest Disclosures
The Public Interest Disclosures Act 2022 (PID Act) provides a system to encourage public officials to report wrongdoings. As provided for under the PID Act, the NSW Information Commissioner is responsible for receiving complaints made as PIDs about government information contraventions, while the NSW Privacy Commissioner is responsible for receiving complaints made as PIDs about privacy contraventions. The Chief Executive Officer of the Information and Privacy Commission is also responsible for receiving reports made about the operations of the agency.
Under the PID Act, a public sector official can report:
- a government information contravention, which is defined as a failure to exercise functions in accordance with any provision of the Government Information (Public Access) Act 2009 (GIPA Act) to the Information Commissioner
- a privacy contravention, which is defined as a failure to properly fulfil functions under the Privacy and Personal Information Protection Act 1998 (PPIP Act), or Health Records and Information Privacy Act 2002 (HRIP Act) to the Privacy Commissioner
The information here will assist public officials in making a complaint to the Information Commissioner or Privacy Commissioner and to understand the process and procedures the Commissioner’s will apply in considering their complaint, as well as the information that may be of assistance in assessing the complaint.
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Public interest disclosures - frequently asked questions
This page address 13 frequently asked questions relating to Public Interest Disclosures.
Checklist for reporting a PID alleging a privacy contravention
The checklist above ensures that sufficient information is submitted for the Privacy Commissioner (PC) to decide on action to take on a reported privacy contravention
Flowchart - Public Interest Disclosure (PID) Decision Tree
This Flowchart provides insight into the decisions and stages of a Public Interest Disclosure once reported to the IPC.
What is serious wrongdoing? Privacy Contravention
This fact sheet provides a framework for public officials to report serious wrongdoing and for those reports to be properly dealt with is vital for maintaining the integrity of the public service.
NSW Ombudsman - Getting ready for the new Public Interest Disclosures Act 2022 (PID Act) - YouTube
The NSW Ombudsman has produced a series of videos containing fundamental information that every public sector worker in NSW needs to know about the new Act. For more information on the new PID Act, you can also visit the NSW Ombudsman website.
