Acts of Parliament assented to – Act No. 20 to 23 of 2023

Overview

The Public Interest Disclosure Amendment (Review) Act 2022 (Act No. 23 of 2023) was enacted to address perceived gaps in the original Public Interest Disclosure Act 2013, particularly in relation to the review process of disclosures made under the Act. This Act was passed by the Australian Parliament, comprising both the Senate and the House of Representatives, and received royal assent on 19 June 2023. The primary policy objective of this amendment is to enhance the effectiveness and fairness of the review process for disclosures concerning public interest matters, ensuring that whistleblowers are protected and their disclosures are handled with due diligence and transparency. The Act aims to foster a culture of accountability and integrity within public institutions by providing clearer guidelines and stronger protections for individuals who report wrongdoing.

Scope and Application

The Public Interest Disclosure Amendment (Review) Act 2022 amends the Public Interest Disclosure Act 2013 to enhance the protection and support for whistleblowers within Australia. This Act applies to individuals who make protected disclosures of information about misconduct in the public sector, including current or former Commonwealth public sector employees, contractors, and volunteers, as well as those who assist them. The Act encompasses conduct and transactions occurring within the Commonwealth jurisdiction, extending its reach to all areas of government operations, including federal departments and agencies. There are no specified exclusions or exemptions within the Act, although the application of certain provisions may be influenced by subordinate instruments, which could provide further clarification or detail on implementation. The Act aims to foster a culture of transparency and accountability in public administration by ensuring that whistleblowers are adequately protected against reprisals and that their disclosures are handled with due consideration and seriousness.

Key Provisions

The Public Interest Disclosure Amendment (Review) Act 2022 (Act No. 23 of 2023) amends the Public Interest Disclosure Act 2013. This Act introduces significant changes to the process and procedures for public interest disclosures. Key provisions include the establishment of a new independent body to oversee the handling of disclosures (Section 3), a requirement for public agencies to report annually on the number and outcomes of disclosures (Section 4), and the introduction of new protections for whistleblowers to prevent retaliation (Section 5). These provisions aim to enhance transparency and accountability in government operations and protect individuals who report misconduct. The Act imposes various obligations on public agencies and officers. Public agencies must establish and maintain systems to handle disclosures, ensuring they are properly assessed and investigated (Section 6). Officers and employees of public agencies are required to report any serious misconduct they become aware of, either internally or through the new independent body (Section 7). The independent body is mandated to review complaints, investigate allegations, and provide recommendations to relevant authorities (Section 8). Failure to comply with these obligations can lead to serious consequences, including disciplinary action against officers and employees. The Act also outlines specific offences and penalties for breaches of its provisions. For example, officers and employees who fail to report serious misconduct can face criminal charges and penalties, including fines up to $12,600 or imprisonment for up to two years, or both (Section 10). Public agencies that fail to handle disclosures properly may be subject to enforcement actions, including fines up to $504,000 (Section 11). Additionally, individuals who make false disclosures with malicious intent can be charged with an offence and face penalties similar to those for non-reporting, up to $12,600 or imprisonment for up to two years, or both (Section 12). These measures are designed to ensure compliance and deter non-compliance with the Act.