Report improper conduct with public interest disclosure
Bayside City Council is committed to the aims and objectives of the Public Interest Disclosure Act 2012.
Bayside City Council does not tolerate improper conduct by our elected representatives or employees, nor take reprisals against anyone who comes forward to disclose this conduct.
We are authorised to receive disclosures that relate to the conduct of the Council or a member, officer or employee of Bayside City Council.
Disclosures that relate to Councillors must be made directly to the Independent Broad-based Anti-Corruption Commission (IBAC) or the Victorian Ombudsman.
Anyone can make a public interest disclosure to report improper conduct by Council, its staff, employees and Councillors.
To report improper conduct (public interest disclosure) you must believe, on reasonable grounds, that a Councillor or Council employee has engaged in, or proposes to engage in, improper conduct. The definition of improper conduct is specified by the following categories:
- Corrupt conduct
- Criminal offence
- 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 adversely affects the honest performance by a public officer or their functions for the benefit of the other person
To report improper conduct
There are 4 ways you can report improper conduct using the public interest disclosure process:
- 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
- Directly to the Victorian Ombudsman:
- call 9613-6222
- Directly to the Victorian Inspectorate
- call 8614-3225
- You can also contact Council about a disclosure:
- call Manager Governance – 9599-4327
- email: Director Corporate Services or Manager Governance
If we determine your report to be a Public Interest Disclosure, we will forward it to IBAC.
Disclosures can be made anonymously.
Public Interest Disclosure Procedures
Council’s position is supported by our Public Interest Disclosure Procedure which reinforces our obligations when receiving a disclosure. It establishes the governance structures necessary to support the making and handling of disclosure of improper conduct and/or detrimental action, in line with the guidelines of IBAC.
What protections are provided for people who make disclosures?
Protections apply to disclosures made in line with the requirements specified in the Public Interest Disclosure Act 2012. They apply from when the disclosure is made, regardless of whether the matter is referred to IBAC and includes the subsequent provision of any further information. These include:
- A person is not subject to civil/criminal liability or administrative action;
- A person is not committing an offence against any legal Act which imposes obligations of confidentiality or restrictions on information disclosure;
- A person is not breaching any other confidentiality obligation made by oath, rule or law or practice; and
- A person cannot be held liable for defamation in relation to information provided.
These protections do not apply if the disclosure provides information knowing it to be false or misleading, or falsely claims a matter is the subject of a protected disclosure.
Contact and additional information
For further information relating to Public Interest Disclosures contact Council’s Director Corporate Services who is Council’s Public Interest Disclosure Coordinator on 9599-4410.