Whistleblowers Protection Act
The
Whistleblowers Protection Act 2001 is designed to protect people who disclose information about serious wrongdoing within the Victorian public sector and to provide a framework for the investigation of these matters.
Information on this page
What are the objectives of the Act?
The key objectives of the Act are to:
- promote a culture in which people feel safe to make disclosures
- protect these people from recrimination
- provide a clear process for investigating allegations, and
- ensure that investigated matters are properly dealt with.
What is a whistleblower?
A whistleblower is any person who makes a report or allegation, known as a disclosure, about improper conduct by public bodies or public officers. The Act defines improper conduct as:
- corrupt conduct
- a substantial mismanagement of public resources
- conduct involving substantial risk to public health or safety, or
- conduct involving substantial risk to environment.
The Act requires that the above conduct would, if proved, be a criminal offence or constitute reasonable grounds for dismissal.
It is an offence for a person to take detrimental action against another person in reprisal for making a protected disclosure. A person may also make a disclosure about a detrimental action. Detrimental action includes:
- action causing injury, loss or damage
- intimidation or harassment, or
- discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action.
Department of Transport policy and procedures
The Department of Transport has established its own set of procedures for managing disclosures made pursuant to the Whistleblowers Protection Act 2001. These procedures are available for
download (PDF, 103 KB, 17 pp.). The procedures are based on the Ombudsman of Victoria's
Whistleblowers guidelines.
Contacts
Within the Department of Transport contact:
The Protected Disclosures Coordinator
GPO Box 2797
Melbourne VIC 3001
Phone: (03) 9095 4503
Alternatively you may wish to contact the Ombudsman:
The Ombudsman Victoria
Level 9, 459 Collins St (North Tower)
Melbourne VIC 3000
Phone: (03) 9613 6222
Toll free: 1800 806 314
Website:
www.ombudsman.vic.gov.au
For further information see the
Whistleblowers Protection Act information on the Department of Justice website.