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Complaints made by public officials

The Public Interest Disclosures Act 1994 (PID Act) provides certain protections for public officials who report serious wrongdoing in public sector authorities. For example, it is a criminal offence for someone to harass, injure or discriminate against a person for making a public interest disclosure. Serious wrongdoing includes:

  • corrupt conduct
  • serious maladministration
  • serious and substantial waste of public money.

Under the PID Act the Inspector of the ICAC is an investigating authority to whom a disclosure can be made about serious wrong doing by the ICAC or its officers or an officer of the Inspector. The Inspector cannot deal with complaints of wrongdoing by officers of any other agency. The Inspector's Policy and Procedures to assess and manage any disclosures made under the PID Act to the Inspector are set out below:

A public official can make a public interest disclosure to the NSW Ombudsman about the Inspector if the person making it honestly believes, on reasonable grounds that the disclosure shows or tends to show that, in the exercise of a function relating to a matter of administration conferred or imposed on the Inspector, the Inspector has engaged or proposes to engage in conduct of a kind that amounts to corrupt conduct or maladministration or has seriously and substantially wasted public money. A disclosure about the Inspector to the NSW Ombudsman must be made in accordance with the procedures of the NSW Ombudsman. Please check the NSW Ombudsman’s website for its contact details and information about making a public interest disclosure to it.

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