Making A PID

Public officials (disclosers) who suspect wrongdoing within Australian government agencies can raise their concerns under the PID Act. Allegations made under the PID Act are public interest disclosures (PIDs).

The PID scheme promotes integrity and accountability for Australian Government agencies, including NIC agencies within our jurisdiction, by encouraging public officials (disclosers) to speak up about suspected wrongdoing. The wrongdoing can have taken place at any time. The scheme protects the confidentiality of disclosers and provides statutory protections against reprisals for both disclosers and witnesses.

Agencies, including NIC agencies are required to act when a disclosure is made. Agencies are also required to keep disclosers informed of actions taken under the scheme in response to their disclosure.

Under the PID Act, NIC agencies within our jurisdiction report their actions to us. Other agencies report to the Commonwealth Ombudsman (Ombudsman).

The Ombudsman provides general information applicable to all agencies about how agencies handle and manage PIDs, the types of conduct which may be the subject of a PID and the process of making a disclosure.

We have a role in receiving, allocating and investigating PIDs about the conduct of NIC agencies (inclusive of those NIC agencies where our jurisdiction is limited to their intelligence functions). You can find information about what agencies are within our jurisdiction above.

PIDs regarding NIC agencies within our jurisdiction can be made directly to the IGIS, or allocated to the IGIS for investigation by the receiving agency.

If a PID is made directly to us, we will carefully consider the most appropriate course of action. This may include allocating the matter to the concerned agency for investigation (following consultation with the agency), the Inspector-General investigating the disclosure under the PID Act or using our separate investigative powers under the IGIS Act.

Our responsibilities under the PID Act also include the following with reference to NIC agencies in our jurisdiction:

• an agency handling a PID must keep us informed of its progress and follow-up actions. There are specific timeframes within which the agency must provide notice to us of such disclosures
• monitoring the actions of agencies to ensure they comply with the PID scheme
• assisting current and former public officials in relation to the operation of the PID Act
• receiving and investigating complaints about the handling of public interest disclosures by agencies
• promoting education and awareness about the PID scheme within agencies. 

Under the PID scheme, disclosures can be made by current or former 'public officials'. This is a broad term which includes all Commonwealth employees (which includes the staff of the NIC agencies). Potential disclosers can also be deemed to be 'public officials' in certain circumstances.

Conduct which may be the subject of a PID includes, but is not limited to:

• a contravention of the law
• corruption
• perverting the course of justice
• maladministration
• an abuse of public trust
• falsifying scientific research
• wastage of public money
• conduct that is a danger to health, safety or the environment.

Information that is unlikely to meet the threshold of a PID includes information related to:

• the proper activities of NIC agencies within our jurisdiction
• disagreements that relate only to government policy (and related expenditure)
• the actions of parliamentarians
• personal work-related conduct unless it either could constitute reprisal, is of such a significant nature it would undermine public confidence in the agency or would have other significant implications for the agency. 

For PIDs about the AFP, AUSTRAC, or the Department of Home Affairs which are not related to their intelligence functions please contact the agency or the Commonwealth Ombudsman for further assistance. 

Disclosers can make a PID in relation to a NIC agency to an authorised officer belonging to that agency, or to us. Authorised officers are responsible for receiving, assessing and allocating PIDs.

Current NIC agency staff that meet the definition of a public official can also make a PID about their NIC agency to an authorised officer through their supervisor.

See the Ombudsman’s website for general information about how agencies handle and manage PIDs.

It is best to make a PID directly to the NIC agency concerned in the first instance wherever possible. If you believe it is not appropriate for the NIC agency to handle the disclosure, or you fear reprisal action, you can make a PID to us.

If you are concerned about making a PID about a NIC agency within our jurisdiction you can contact us to discuss your options:

• Email us at PID@IGIS.gov.au
• Call us on (02) 6141 4555.

To make a PID directly to us, contact our team via the following contact options:

• Email:  PID@IGIS.gov.au
• Phone: (02) 6141 4555
• Post: 3-5 National Circuit, Barton, ACT 2600 

Individuals who are current or former 'public officials' are covered by the protections in the PID Act when making a disclosure to us.

A disclosers' identity will be kept confidential as far as practicable. It is an offence to provide identifying information about a discloser without their consent, unless there is authority to do so under the PID Act or another Commonwealth law.

Disclosers, potential disclosers, and other persons have immunity from civil, criminal or administrative liability – including disciplinary action – for making a PID, or for providing information or assistance in connection with handling a PID. It is a criminal offence to take, or threaten to take, reprisals against a discloser because they have, or even could, make a PID.

We have a responsibility to ensure NIC agencies within our jurisdiction comply with the PID scheme. This includes ensuring NIC agencies comply with the requirement to protect disclosers from reprisals. We will examine how the NIC agency has managed a PID in any case where it is claimed that the discloser suffered from reprisals.

All public officials and former public officials are able to make a public interest disclosure under the PID Act about the Office of the Inspector-General of Intelligence and Security.

Public interest disclosures relating to the Office of the Inspector-General of Intelligence and Security can be made in the following ways:

Email: OIGISInternalPID@igis.gov.au 

Mail:
Public Interest Disclosure Authorised Officer
c/o The Office of the Inspector-General of Intelligence and Security
3-5 National Circuit, Barton, ACT 2600

(To protect your identity, it is important that your correspondence includes the words "to be opened by the addressee only")

Phone: (02) 6141 4555
(Please ask to speak to an Authorised Officer about a public interest disclosure)

Further information about public interest disclosures can be found on the Ombudsman's website.

To make a PID directly to us, contact our team via the following contact options:

• Email:  PID@IGIS.gov.au
• Phone: (02) 6141 4555
• Post: 3-5 National Circuit, Barton, ACT 2600