Public Interest Disclosures

The Public Interest Disclosures Act 2022 (NSW) encourages the reporting of serious wrongdoing in the NSW public sector. It sets out how public interest disclosures are made, managed and investigated, and provides protections for people who make disclosures in accordance with the Act.

A Public Interest Disclosure (PID) can be made about serious wrongdoing in the NSW public sector. Under the Public Interest Disclosures Act 2022 (NSW), serious wrongdoing includes:

• Corrupt conduct – dishonest or improper conduct by a public official.
• Serious maladministration – conduct involving substantial mismanagement or unreasonable action in carrying out official functions.
• Serious waste of public money – the uneconomical, inefficient or ineffective use of public resources.
• Government information contravention – a serious failure to comply with laws relating to access to, or management of, government information.
• Privacy contravention – a serious breach of privacy legislation.
• Local government pecuniary interest contravention – a serious breach of the rules relating to councillors' or designated persons' pecuniary interests under the Local Government Act 1993.

Not every complaint or workplace concern is a Public Interest Disclosure. General customer service complaints, requests for service, or employment grievances are generally managed through Council's existing complaints or grievance processes unless they involve serious wrongdoing as defined by the Act.

Under the Public Interest Disclosures Act 2022 (NSW), a Public Interest Disclosure (PID) can generally be made by a public official.

A public official includes:

• Council employees.
• Councillors.
• Volunteers.
• Contractors and subcontractors working for or on behalf of Council.
• Individuals undertaking work experience or apprenticeships with Council.
• Other people who perform public official functions for or on behalf of Council, as defined by the Act.

A disclosure must relate to serious wrongdoing and be made in accordance with the requirements of the Public Interest Disclosures Act 2022 (NSW).

Note: Members of the public can still report concerns about Council's services or conduct through Council's complaints or customer request processes. However, these reports are not generally Public Interest Disclosures unless they meet the requirements of the Act.

If you are a public official and wish to report suspected serious wrongdoing, you should make your disclosure to one of Council's nominated disclosure officers or another person authorised to receive Public Interest Disclosures under the Public Interest Disclosures Act 2022 (NSW).

A disclosure can generally be made:

• In writing (including by email).
• Verbally.
• Through another reporting method authorised by Council.

When making a disclosure, provide as much relevant information as possible, including:

• A description of the suspected serious wrongdoing.
• The names of any individuals involved (if known).
• When and where the conduct occurred.
• Any supporting information or documents that may assist.

Council will assess the information provided and determine whether it is a Public Interest Disclosure under the Public Interest Disclosures Act 2022 (NSW) and how it should be managed.

Need help? If you are unsure whether your concern is a Public Interest Disclosure or who to report it to, please contact Council for confidential advice before making your disclosure.

Public Interest Disclosures Policy

Arrangement with SINC Solutions

Parkes Shire Council has entered into an arrangement with SINC Solutions under section 81(3) of the Public Interest Disclosures Act 2022 (NSW).

Under this arrangement, SINC Solutions may exercise the function of dealing with voluntary public interest disclosures by investigating relevant serious wrongdoing on behalf of Council.

This arrangement does not authorise SINC Solutions to receive voluntary public interest disclosures or to provide training under the PID Act, unless otherwise stated. Investigations conducted under this arrangement will be undertaken in accordance with the Public Interest Disclosures Act 2022 (NSW) and applicable NSW Ombudsman guidelines.

Parkes Shire Council remains responsible for compliance with the Public Interest Disclosures Act 2022 (NSW), including the protection of people who make public interest disclosures from detrimental action.