If your complaint shows or tends to show that a councillor or member of council staff has engaged or proposes to engage in improper conduct, this could constitute a public interest disclosure.
Changes to the (PID Act) mean that we must notify the Independent Broad-based Anti-corruption Commission (IBAC) of the complaint and refer it to IBAC for assessment. After assessment, it can be referred back to us for investigation because the Chief Municipal Inspector is an investigating entity under the PID Act.
What legal protections do disclosers receive?
If your complaint is assessed as a public interest disclosure:
- your name will not be publicised
- you and your family, friends and colleagues will be protected from being fired or bullied for making a complaint
- you will receive protection from defamation and detrimental action in reprisal for making a public interest disclosure
- you will receive immunity from:
- civil or criminal liability as well as administrative action (including disciplinary action) for making the disclosure
- committing an offence under the Constitution Act 1975 (Vic) or any other Act that imposes obligations of confidentiality or otherwise restricts the disclosure of information
- breaching any other obligation (made by oath or rule of law or practice) requiring the maintenance of confidentiality or otherwise restricting the disclosure of information
Any complaint made to the Inspectorate is dealt with in strict confidence. We will also respond to your complaint as soon as practicable.
Reviewed 01 February 2020