///

Public interest disclosure policy

The Office of the Health Ombudsman (OHO) is committed to upholding an honest, ethical and accountable culture. All public sector employees, including OHO employees, have a positive duty to report wrongdoing, as required by the Code of Conduct for the Queensland Public Service and the Crime and Corruption Act 2001. The OHO recognises the important role public interest disclosures (PID) can play in identifying wrongdoing. By making a PID, a discloser is contributing to an ethical workplace culture and supporting the performance of the OHO or their respective government entity.

The OHO will take steps to ensure the OHO fulfils its obligations under the PID Act:

to promote the public interest by facilitating PIDs of wrongdoing in the public sector
to ensure PIDs are properly assessed, investigated, and dealt with
to ensure appropriate consideration is given to the interests of persons who are the subject of a PID (subject officer)
to afford protection from reprisals to persons making PIDs.

Policy

Expand all +

Purpose

Application

Legislative provision

Roles and responsibilities

Health Ombudsman

The Health Ombudsman has overarching responsibility to ensure the OHO is compliant with the PID Act by:

appointing a PID coordinator/s to oversee the OHO’s PID management program
ensure proper records are kept of all disclosures, in accordance with s29 of the PID Act.

PID Coordinator

The Health Ombudsman has appointed two PID coordinators with sharing responsibility for different PIDs managed by the OHO:

The Executive Director, Assessment and Resolution (A&R) is the PID Coordinator typically responsible for matters relating to PIDs identified in health service complaints, notifications and other matters.
The Executive Director, Corporate and Strategic Services (CSS) is the PID Coordinator with responsibility for PIDs made related to the OHO or its staff.

PID coordinators act as a principal point of contact with the Office of the Queensland Ombudsman (the oversight agency) and must ensure:

the OHO maintains a management program for PIDs made to the OHO, consistent with any standard made under section 60 of the PID Act
public officers of the OHO who make PIDs are given appropriate support by the OHO
public officers from outside the OHO who disclose information to the OHO that may constitute a PID are also to be given appropriate support by the OHO which, depending on the circumstances, may include referring the PID to a more appropriate proper authority
PIDs made to the OHO are properly assessed, and when appropriate, either properly investigated and dealt with, or alternatively, referred to a more appropriate proper authority
appropriate action is taken in relation to any wrongdoing that is the subject of a PID made to the OHO
public officers of the entity are offered protection from reprisals by the OHO or other public officers of the OHO
all relevant policies and procedures are published on the OHO website and are readily accessible to the public.

PID Coordinators must report to the Health Ombudsman and other Executive Directors (if appropriate) any systemic issue identified and any significant issue to inform improvements to service delivery, business processes and internal controls.

In circumstances where a PID Coordinator identifies a personal conflict of interest, the Health Ombudsman should be consulted.

Assessment of PIDs in complaints

Executive Directors, Directors, and Managers are responsible for conducting assessments of PIDs in health service complaints, notifications, and other matters; determining whether a matter constitutes a PID, and if identified to be a PID, determining the most appropriate course of action for dealing with it.
However, only Directors and above are authorised to make a decision to retain a PID.

Executive Directors

In addition to the above, Executive Directors will:

raise awareness with staff about PIDs and encourage reporting of wrongdoing
model a culture that all employees are required to conduct their duties to the highest professional and ethical standards and always act in the public interest in accordance with the Code of Conduct for Queensland Public Service
ensure appropriate communication and awareness strategies are in place to educate employees about disclosures, and staff in their division complete all required training, monitoring ELMO training compliance reports on a regular basis, including the induction of new staff to their division.

PID support officer

A PID Support Officer is an officer of the OHO, appointed by the PID Coordinator with responsibility for providing support to a discloser, subject officer, or witness who is involved in the management of a PID.

RaPID reporting of PIDs

The Manager, Resolution and Referrals acts as a support to the A&R PID Coordinator and is responsible for the reporting of PIDs identified in health service complaints, notifications and other matters to the Queensland Ombudsman via the RaPID portal, as directed by the A&R PID coordinator.

If a PID relates to the OHO or its staff, the CSS PID Coordinator will be responsible for RaPID reporting.

All employees

All employees of the OHO are broadly responsible for:

reporting suspected wrongdoing to a proper authority
maintaining appropriate confidentiality
assisting in investigation of a disclosure by providing all relevant information, if requested
undertaking their duties to the highest professional and ethical standard and ensure that they are familiar with this policy and all related procedures, and remain current with all relevant ELMO learning modules.

With respect to the management of PIDs in the context of a health service complaint, notification, or other matter, all employees are also responsible for:

identifying and documenting where a disclosure of information may constitute a PID
escalating a potential PID to the delegate for assessment
ensuring any potential PID is managed in accordance with this policy and the Managing corrupt conduct in health service complaints, information and notifications procedure.

What is a public interest disclosure?

Who can make a public interest disclosure?

Making a public interest disclosure

The OHO supports the disclosure of information of wrongdoing because:

reporting and dealing with allegations of wrongdoing contributes to the integrity of the OHO and the broader public sector
outcomes as a result of finalised PIDs investigations undertaken by the OHO can identify improvements to OHO systems, policies and procedures
the public’s trust in public administration is supported by robust processes in place for reporting of wrongdoing.

PIDs can be made by employees of the OHO, other public sector employees, and, in some circumstances, members of the public.

A discloser is not required to self-identify that they are making a PID. They may make a PID to multiple entities, but such entities must be deemed as ‘proper authorities’ under the PID Act.

Where information that may constitute a PID is disclosed to the OHO by another public sector employee or member of the public, the OHO will take steps to ensure the disclosure is managed by the most appropriate proper authority. In circumstances where it is considered a more appropriate proper authority exists, the OHO will conduct a risk assessment and consult with the discloser (where practicable) prior to any referral and will only proceed with referral if considered appropriate and safe to do so.

How to make a public interest disclosure

A PID may be made in any way, including anonymously. The PID should include as much information as possible about the suspected wrongdoing5 including:

who was involved
what happened
when it happened
where it happened
whether there were any witnesses or other people involved, and if so, who they were
any evidence that supports the PID
any further information that may assist an investigation of the PID.

The discloser (if not anonymous) should include their contact details so that they can be informed of the PID process and contacted where required. A PID can still be made if all the above information is not available.

Who can a public interest disclosure be made to?

PIDs made by and/or about OHO staff

PID Coordinator (Executive Director, Corporate and Strategic Services):
Post: PO Box 13281, George Street, Brisbane, Qld, 4003
Phone: 07 3158 1379
Email: PIDs@oho.qld.gov.au

Health Ombudsman: Where the disclosure relates to the PID Coordinator or another conflict exists, the PID may be addressed to the Health Ombudsman.
Post: PO Box 13281, George Street, Brisbane, Qld, 4003

Manager: OHO employees can also make a PID to their manager.

External authorities including:

the Crime and Corruption Commission if it concerns corrupt conduct
the Office of the Queensland Ombudsman if the PID involves maladministration
other relevant agencies, depending on the information disclosed, include the Queensland Audit Office, Department of Child Safety, Seniors and Disability Services, Office of the Public Guardian, Department of Environment and Science, a Member of the Legislative Assembly (MP) or a Chief Judicial Office of a court or tribunal.

PIDs lodged in the context of a health service complaint

For public sector employees outside of the OHO, a PID may be made to the appropriate PID officer in their agency, department, or hospital and health service.

For both public sector employees and eligible members of the public, a PID may also be made to a proper authority, which may include the OHO, to whom a PID may be lodged when submitting a health service complaint or notification to the OHO, via:
Phone: 133 646
Web: www.oho.qld.gov.au/make-a-complaint
Email: Complaints@oho.qld.gov.au
Post: PO Box 13281, George Street, Brisbane, Qld, 4003.

The management of PIDs in the context of health service complaints is overseen by the OHO’s second PID Coordinator, Executive Director, Assessment and Resolution.

False or misleading information

It is an offence under the PID Act to intentionally make a false or misleading statement intended to be acted upon as a PID. An employee who makes a false or misleading statement may be subject to disciplinary action.

Making a PID does not stop the discloser from facing disciplinary or criminal action if the discloser has been involved in wrongdoing. A manager may take reasonable management action in relation to an employee who has made a PID only if the manager’s reasons for taking the action do not include the fact that the employee has made a PID.

What to expect after a public interest disclosure has been made?

Once a discloser has lodged a PID, the OHO will conduct an assessment of the disclosure in accordance with the PID Act, this policy, its related procedures, and the Queensland Ombudsman’s PID standards. The assessment will determine whether the PID is:

not requiring further action
further action and/or investigation is required
it is appropriate to refer the PID to another proper authority under the PID Act6 (such as the government entity to whom the conduct relates, the Queensland Police Service, or Crime and Corruption Commission).

The discloser will be advised in writing upon receipt of the disclosure of the action to be taken and the result once action has been taken by the OHO. If the OHO deems that no action is to be taken or the disclosure is not a PID, the discloser will be informed in writing of that decision.

Confidentiality

The OHO is committed to maintaining the confidentiality of all parties involved in the PID process, including disclosers, witnesses, and individuals who are the subject of a PID. This commitment helps to reduce the risk of reprisal, protect the reputation of individuals in cases where allegations are not substantiated, and uphold the integrity of the PID process.

However, there are specific circumstances under which the OHO may need to disclose the identity of a discloser, including:

to provide natural justice to subject officers, and reprisal is unlikely
to comply with the PID Act, a regulation, or other Act
to comply with court orders, legal directives or court proceedings
to protect the health and safety of a person.

Prior to any such disclosure, the OHO will consider the need for disclosure, as well as the risk of reprisal to the discloser in doing so. Disclosure of the discloser’s identify may only occur where the disclosure is considered essential, and the risk of reprisal to the discloser is unlikely.

Disclosers should be aware that provisions to protect confidentiality under the PID Act does not apply to people that are informed of the alleged wrongdoing outside of the PID process.

It should be noted that all those who receive confidential information because of their involvement in the PID process are bound by the same confidentiality provisions, including staff involved in the administration of the process, the discloser, subject individual/s, and witnesses.

Protections

Protections for disclosers

Disclosers (public officers and members of the public) should not suffer harm or detriment because they have reported wrongdoing, or someone believes they have reported wrongdoing. This action is called reprisal. Reprisal is an offence under the PID Act and allegations of reprisal will be assessed with appropriate action taken. This may include referral to the Crime and Corruption Commission or the Queensland Police Service.

The OHO is committed to applying the protections provided under the PID Act to ensure:

the discloser’s name and identity will be protected to the fullest extent possible
the discloser is protected from unfair treatment by the OHO and its employees as a result of making the PID
the discloser cannot be prosecuted for disclosing the information but is not exempt from action if they have engaged in wrongdoing
the discloser has a defence against an accusation of defamation by any officer who is the subject of the PID.

Even if a disclosure is found to be unsubstantiated after an investigation, the discloser is still protected under the PID Act, as long as the information they provided was made in good faith, regardless of whether it is investigated or substantiated.

Protections for others

It is not only for disclosers that are protected under the PID Act. Other individuals involved in the PID process, such as witnesses, individuals mistakenly believed to have made a PID, and those administering the PID process are also afforded protections to safeguard against reprisal, ensure confidentiality of personal information, and provide immunity from legal or disciplinary action for actions taken in good faith while performing duties under the Act. By extending these protections, the Act ensures the safety, wellbeing, and fair treatment of all individuals involved, fostering trust and participation in the PID process.

Supports

The PID Coordinators will consider the support needs of parties involved in the PID, including the discloser, subject officer/s, and any witnesses. Where considered necessary, PID Support Officer/s may be assigned by the PID Coordinator.

PID Support Officers proactively assist parties to access necessary information about the PID process and provide updates and support until the matter is finalised.

Rights of subject officers

A person who is the subject of a PID is entitled to confidentiality where appropriate, and reasonable and fair treatment. They are entitled to seek legal advice or assistance from their union representative.

Review rights

Decisions not to investigate or deal with PID

If the OHO decides not to investigate or deal with a PID, the discloser must be provided with written reasons for the decision. The discloser may then lodge a written request for review of this decision within 28 days of receiving the written decision.

Requests for review can be lodged:

PIDs about OHO and its staff
Attention of PID Coordinator (Executive Director, CSS):
Post: PO Box 13281, George Street, Brisbane, Qld, 4003
Email: PIDs@oho.qld.gov.au

PIDs in context of a health service complaint
Attention of PID Coordinator (Executive Director, A&R):
Post: PO Box 13281, George Street, Brisbane, Qld, 4003
Email: Complaints@oho.qld.gov.au

Complaints about PID management

While the PID Act does not provide disclosers with a formal right of review where the discloser is dissatisfied with how the OHO managed their PID or the PID investigation outcome, such concerns are able to be raised through the OHO’s internal complaints management policies:

OHO staff can raise their concerns under the OHO’s Individual Employee Grievances policy, available on the staff intranet.
External parties may raise their concerns under the Complaints about the OHO policy. More information about this policy is available on the OHO’s website.

External review

Should the discloser remain dissatisfied after exhausting the internal review, or the concerns relate to maladministration at the OHO, complaints can be escalated to the Office of the Queensland Ombudsman. The Queensland Ombudsman oversees public sector agencies and can investigate administrative decisions made regarding PID management to ensure they are lawful, fair, and reasonable.

Disclosures to journalists

Under the PID Act, a person may disclose information to a journalist if:

they have already made a valid PID to a proper authority (such as the OHO); and
the proper authority:
- decided not to investigate or deal with the disclosure; or
- investigated but did not recommend any action; or
- failed to notify the person within 6 months whether the disclosure would be investigated or dealt with.

If making a disclosure to a journalist, the information disclosed must be substantially the same as the original PID. Such a disclosure is still considered a PID under the Act, and the person retains the protections provided by the legislation.

It is important to note that journalists are not bound by the confidentiality provisions of the PID Act and are not considered part of the Act’s administration. As such, disclosers should carefully consider the potential loss of confidentiality before making a disclosure to a journalist.

Download Public interest disclosures policy (PDF 262KB)

Further information

Information about PIDs, including a guide and fact sheets for disclosers, is available from the Queensland Ombudsman's website.