The Public Interest Disclosures Act 2022

What’s on this page?

This page contains information to assist agencies and public officials to understand the Public Interest Disclosures Act 2022 (PID Act).

This content is relevant from 1 October 2023.

The Public Interest Disclosures Act 2022 (PID Act) applies to all NSW public sector agencies.

The PID Act provides a framework for public officials to report serious wrongdoing in the public sector, and to be protected when they do so. Reports can be made to a disclosure officer within their agency, the head of an agency, a person’s manager and to disclosure officers within other agencies, such as integrity agencies.

Under the PID Act, ‘agency’ is defined to include public service agencies, local government authorities, public universities, integrity agencies, statutory bodies and local aboriginal land councils. A full list is available in section 16 of the PID Act.

Guidelines

The Ombudsman has published guidelines on the PID Act. These are designed to help agencies and their staff handle public interest disclosures and to meet their obligations under the PID Act.

The guidelines will also be useful for public officials who are considering making a report of serious wrongdoing.

The PID Advice team can be contacted for any additional advice about the PID Act by sending an email to pidadvice@ombo.nsw.gov.au.

What is a public interest disclosure?

Overview of the PID Act, the types of PIDs under the Act and how a PID can be made.

Core concepts in the PID Act

Core concepts in the Public Interest Disclosures Act 2022.

What is serious wrongdoing?

Information about the types of serious wrongdoing that can be reported under the PID Act.

Dealing with voluntary PIDs

Guidance on agency responsibilities regarding voluntary PIDs.

Dealing with mandatory PIDs

What a mandatory PID is, how agencies should deal with them, and the protections.

Dealing with witness PIDs

What a witness PID is, how agencies should deal with them and the protections provided.

Dealing with anonymous voluntary PIDs

Overview of the features of an anonymous voluntary PID and the responsibilities on agencies.

Deeming that a disclosure is a voluntary PID

Circumstances and factors to consider when deciding whether to deem that a report is a voluntary PID.

Protections under the PID Act

The protections available under the PID Act to the makers of voluntary, mandatory and witness PIDs.

Maintaining confidentiality when dealing with voluntary PIDs

Overview of the confidentiality requirements in the PID Act including PID handling strategies.

PIDs to Ministers, Members of Parliament and journalists

Making a voluntary PID to an MP or journalist and what agencies should do if a person has made a disclosure to an MP or journalist.

Updating the makers of voluntary PIDs and providing supports

Outlines the minimum requirements on agencies for updating the maker of a voluntary PID.

Entities and individuals providing services and exercising functions on behalf of an agency under contract or as volunteers

Guidance to agencies who engage contracted entities, individual contractors and volunteers.

Reporting to the Ombudsman

Explains the reporting and notification requirements on agencies.

Assessing a report of wrongdoing to identify if it is a voluntary PID

What an agency must do when they receive a disclosure that is or may be a voluntary PID.

Developing your PID Policy guideline

Model PID policy which agencies can adopt, as well as guidance for agencies on how to develop a PID policy.

Assessing and managing the risk of detrimental action

Overview of the PID Act, the types of PIDs under the Act and how a PID can be made.

Detrimental action offences and how to refer evidence of detrimental action offences

Outlines the minimum requirements on agencies for updating the maker of a voluntary PID.

Key obligations for agencies

The PID Act creates a number of obligations for agencies.

Training and awareness

Agencies must provide appropriate training to disclosure officers for the agency, which includes the head of agency, and managers of public officials associated with the agency.

The training must be provided:

  • Within a reasonable time after the person becomes associated with the agency and
  • No later than the day that is the later of:
    • 6 months after the commencement of the PID Act or
    • 3 months after the person commences in the relevant rol

Agencies can provide their disclosure officers and managers access to the NSW Ombudsman’s E-learning courses or provide their own face to face training.

We have developed some awareness materials for the public sector, that are available here.

Reporting

Agencies will have an obligation to report data about the voluntary PIDs they have received on a yearly basis, in an annual return, to the NSW Ombudsman.

Agencies must also notify us when certain events happen, like when they receive an allegation of detrimental action or when they decide not to investigate, or cease investigating, a public interest disclosure.

We are developing a new PID portal which will be available for agencies to use before the annual return is required in 2024.

In the meantime, agencies should access our guideline Reporting to the Ombudsman for guidance on the information to be reported in the annual return.

Protections against detrimental action

Under the PID Act, it is a criminal offence to take detrimental action against a person because you suspect, believe, or know that they have made a PID, or will make a PID.  Other protections under the PID Act include:

  • the right to seek compensation for injury, damage or loss suffered as a result of detrimental action being taken against them
  • the ability to seek an injunction to prevent, stop or remedy a detrimental action offence.

Agencies must conduct a risk assessment to assess the risk of detrimental action against the PID maker, whilst they are handling the PID and prior to referring the PID to another agency. Agencies must also take proactive action to protect a PID maker from detrimental action.

Public interest disclosures made before 1 October 2023

The PID Act 2022 commenced on 1 October 2023. Public interest disclosures made before 1 October need to be handled in accordance with the Public Interest Disclosures Act 1994  (PID Act 1994), unless the disclosure has been remade after 1 October 2023.

Agencies should refer to the transitional provisions when dealing with remade disclosures.

The Ombudsman’s guidance and resources for handling public interest disclosures under the PID Act 1994 resources can be found here.

Contacting the NSW Ombudsman’s PID team

If you would like information and advice about the PID Act, you can email us at pidadvice@ombo.nsw.gov.au

If you would like information about our engagement activities and about the release of our materials, please email pid@ombo.nsw.gov.au