A new Public Interest Disclosure Policy will be considered by Murrindindi Shire Council at its meeting at Yea on Wednesday (Jan. 22).

Changes in legislation, effective January 1 this tear require government agencies to update their policies and procedures related to the former Protected Disclosures Act 2012

The legislated changes under the revised Act aim to improve access for individuals wanting to report acts of improper conduct or detrimental action.

The key changes include:

• definitions have been expanded to increase the protection of individuals. Under the revised Act, detrimental action no longer has to be deemed ‘substantial’
• a broader range of disclosures can be made, including acts of serious professional misconduct
• new pathways for disclosures have been included. The Act takes a ‘No wrong door approach’ for disclosures made to the wrong agency (misdirected disclosures). Under the revised legislation, agencies must assist the discloser and liaise with the right agency to facilitate the process

• the establishment of the new Integrity and Oversight Commission to monitor the performance of Victorian integrity agencies.

“Overall, the changes in the Act seek to remove barriers for disclosers and as a result, increase transparency and accountability of public officials,” says a report to Councillors.

The revised Public Interest Disclosure Policy builds on the strengths of its predecessor the ‘Protected Disclosures Policy’ to ensure Council encourages the disclosure of improper conduct or detrimental action in confidence, and that any disclosure is managed in line with the current statutory requirements in the Act.

These changes will ensure that we continue to facilitate a safe and robust process for the receipt and management of disclosures of improper conduct and protect the welfare of those who provide information.

In order to give effect to the changes to the Act, the following changes have been made to the policy:
• the Policy has been re-titled ‘Public Interest Disclosures’;
• the list of definitions has been updated to allow a broader range of disclosures of improper conduct to be made and increase protection of disclosers from detrimental action;
• the roles and responsibilities section has been reviewed to improve role clarity and accountability;
• a new section ¡§misdirected disclosures¡¨ has been included to comply with the ‘o wrong door’ rovision in the Act; and
• a new email address Disclosures@murrindindi.vic.gov.au with restricted access has been created to enhance privacy and confidentiality of disclosures.

“The Policy supports Council¡¦s focus on ensuring a strong culture of integrity and accountability, aimed to mitigate the risk of acts of fraud, corruption, serious misconduct and substantial mismanagement of resources.

“This report relates to Council Plan 2017-2021 Our Promise strategic objective to ensure we deliver the best possible outcomes in all that we do,” says the report.

“By adopting the policy and making it available to all employees and members of the public, Council is meeting its obligations under the Act, and promoting an ethical and accountable culture. The review ensures relevance to current legislation and reflects Council practices.

“Breaches of the Act may give rise to civil liabilities and on occasion criminal penalties. By reviewing the Policy in line with the revision of the legislation, Council maximises its capacity to defend claims of vicarious liability,” the report says.