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Complaints made by public servants or public officers

The Public Interest Disclosures Act 1994 (PID Act) provides that public servants officials who wish to report serious wrong doing in public sector agencies can do so on a confidential basis. Under the PID Act complaints or allegations made by public servants or public officials are called disclosures. The PID Act also provides for such persons to be protected against reprisals for making such disclosures.

The PID Act requires and emphasizes that public agencies be pro-active in fulfilling their obligations under the PID Act. Heads of public authorities must therefore ensure that their staff know how to report serious wrongdoing to someone who can do something about it. Action can be taken against those who threaten or carry out reprisals against reporters. Monitoring and enforcement of the PID Act has been assigned to the NSW Ombudsman. The Ombudsman is responsible for ensuring that the NSW public service agencies implement the PID Act effectively.

Under the PID Act the Inspector of the ICAC is a public official to whom a complaint can be made about serious wrong doing by the ICAC or its officers. The Inspector cannot deal with complaints of wrongdoing by officers of any other agency. The Inspector's Statement of Commitment to the PID Act and the Policy and Procedures developed by the Office of the Inspector of the ICAC to manage any disclosures made under the PID Act to the Inspector is set out below: 

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