Receiving a report of serious wrongdoing

Managers and Disclosure Officers have responsibilities around receiving and managing reports of serious wrongdoing in circumstances where the report appears to be a public interest disclosure. These responsibilities are set out below and in more detail in the PID Act and the PID Policy.

Managers and Disclosure Officers need to recognise when a potential public interest disclosure has been reported to them. It will not always be obvious because the person making the report does not have to identify that their report is a public interest disclosure.

Managers and supervisors

If you are both a manager/supervisor and a Disclosure Officer, please refer to your Disclosure Officer responsibilities only.

Responsibilities of managers and supervisors

Step 1: Receive report

As a managers or supervisor, you are responsible for receiving reports of serious wrongdoing verbally or in writing from:

  • staff members you directly or indirectly supervise or manage, or
  • any individual volunteers, contractors or subcontractors you are responsible for overseeing
Step 2: Identify a report as a public interest disclosure

If you think a report may be serious wrongdoing,  and appears to be a public interest disclosure, you must take action under Steps 3 and 6.

Step 3: Encourage the reporter to complete the PID Reporting Form

Unless it is not appropriate or possible to do so, you should encourage the reporter to complete the internal reporting form to ensure all relevant information has been captured.

Step 4: Notify a Disclosure Officer

You must notify a Disclosure Officer as soon as possible after receiving a report, either by supporting the reporter while they make the report to the Disclosure Officer or referring the reporter directly to the Disclosure Officer.

You should refer the report to the Disclosure Officer that either you or the reporter are most closely associated with. However, if this person is involved in the wrongdoing, you can report it to any other Disclosure Officer.

Step 5: Keep records

You should keep a record, such as a file note, of how you received the public interest disclosure, the information provided to you and how you communicated to the Disclosure Officer. This should be kept it in a secure location.

Step 6: Support reporter

You have a responsibility to help support the staff member who has made by the report, including by keeping the report and identity of the staff member confidential, except to report it to a Disclosure Officer.

Managers are not responsible for assessing or investigating public interest disclosures.

Disclosure Officers

There are three categories of Disclosure Officers:

  • persons who are designated as such under the Public Interest Disclosures Policy 
  • persons are the most senior ongoing employee at each University and controlled entity worksite
  • persons who are University Council members, and/or Directors of controlled entities.

If you are a Disclosure Officer and have received a report of serious wrongdoing, there are list of actions you need to know.

Responsibilities of Disclosure Officers

Step 1: Receive report

Disclosure Officers are responsible for receiving reports of serious wrongdoing from public officials, either directly or through a manager or supervisor.

Public officials of other NSW public sector agencies may also make reports to you about those other agencies.

Step 2: Identify a report as a public interest disclosure

If you think a report may be about serious wrongdoing, and appears to be a public interest disclosure, you need to follow Steps 3 to 5.

Step 3: Notify the Disclosure Coordinator
You must notify the Disclosure Coordinator in writing as soon as possible, providing all relevant details of the report. The Disclosure Coordinator is the University’s General Counsel and can be contacted at: Daniel.bell@newcastle.edu.au or +61 2 4985 4082.
Step 4: Keep records

You should keep a record, such as a file note, of how you received the public interest disclosure, the information provided to you and how you communicated to the Disclosure Officer. This should be kept it in a secure location.

Step 5: Support reporter

You have a responsibility to help support the staff member who has made by the report, including by keeping the report and identity of the staff member confidential, except to report it to a Disclosure Coordinator.

Disclosure Officers are not responsible for assessing or investigating public interest disclosures.

Receiving a report FAQs

Serious wrongdoing is a broad term that includes a wide range of behaviours. The NSW Ombudsman has a useful guide on the meaning of serious wrongdoing.

Categories of serious wrongdoing include:

Corrupt conduct

Corrupt conduct in the PID Act has the same meaning as in sections 7, 8 and 9 of the Independent Commission Against Corruption Act 1988. It involves deliberate or intentional wrongdoing involving (or affecting) a public official or agency in NSW.

Serious maladministration

Conduct, other than conduct of a trivial nature, relating to a matter of administration that is unlawful, unreasonable, unjust, oppressive or improperly discriminative; or based wholly or partly on improper motives.

Government information contravention

A failure to exercise functions in accordance with the Government Information (Information Commissioner) Act 2009, or the Government Information (Public Access) Act 2009, or  the State Records Act 1998.

Privacy contravention

A failure (other than a trivial failure) to exercise functions in accordance with the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.

Serious and substantial waste of public money

A serious and substantial waste of public money includes any uneconomical, inefficient or ineffective use of resources, whether authorised or unauthorized, and which results in a loss of public funds or resources.

There are three types of public interest disclosures. All types of disclosures attract the special protections under the PID Act.

A voluntary public interest disclosure is a voluntary report made by a public official containing information which the public official honestly and on reasonable grounds believes shows or tends to show serious wrongdoing. A public official includes a University or controlled entity staff member or an individual contractors, volunteers or consultants that provide services on behalf of the University or a controlled entity. This type of disclosure is what most people think of as whistleblowing.

A mandatory public interest disclosure is where a person discloses information during an investigation (whether internal or external) of serious wrongdoing following a request or requirement of the investigator.

A witness public interest disclosure is a disclosure that has been made by a person because they have a legal obligation to make the report or because making that report is an ordinary aspect of their role or function in an agency.

In this case, you do not have any obligations under the PID Act or PID Policy to take any steps.

You can encourage the person to make a complaint or visit the reporting serious wrongdoing page, so that they can determine whether they wish to make a report through the proper process.

If you are not sure whether a report is a public interest disclosure you should treat it as a public interest disclosure anyway, or contact the Complaints team for confidential advice.

Once the Disclosure Coordinator receives the public interest disclosure, they, in conjunction with the PID team, will ensure it is handled in accordance with the PID Act and the PID Policy.

This includes to assess whether or not the disclosure is a public interest disclosure, investigating the disclosure and ensuring the reporter is afforded the benefit of the special protections under the Public Interest Disclosures Act 2022 (NSW) and the Public Interest Disclosures Policy.

More information

Find out more information about reporting serious wrongdoing or receiving a report of wrongdoing.

Contact the Complaints team Access the Public Interest Disclosures Policy