Making a public interest disclosure

Western Health is committed to transparency and accountability. If you suspect serious misconduct or corruption involving a Western Health board member, staff member, officer or volunteer, you can report it safely and confidentially.

You can make a confidential disclosure directly to the Independent Broad-based Anti-corruption Commission (IBAC).

• You can make your disclosure by telephone, in person or in writing (email, ordinary post and personal delivery). You cannot make a disclosure by facsimile.
• You can remain anonymous by using unverifiable email addresses, anonymous phone calls or refuse to identify yourself if you meet IBAC officers. If you make a disclosure on behalf of someone else, then you are the "notifier" and may be protected, but not the other person. This encourages everyone to make proper disclosures.

Please note: You should contact IBAC if you are also worried that someone might take some detrimental action (such as a reprisal) against you, because you have made a disclosure or are co-operating in an investigation.

For more information on making a disclosure, visit IBAC’s website.

• IBAC will manage your disclosure in accordance with its own guidelines and processes. After its investigation IBAC must provide you with information about the results of its investigation, including any recommendations and action IBAC will take.
• Your disclosure of improper conduct to IBAC may be determined and assessed by IBAC to be a Public Interest Complaint under Section 26 of the Public Interest Disclosure Act 2012 (Vic) (“the PID Act”).
• If your disclosure is assessed and determined by IBAC not to be a Public Interest Complaint, your disclosure may be referred back to Western Health for investigation and so your identity may be made known to Western Health.

Find out more about the complaints process at IBAC.

• The PID Act protects you if you have reasonable grounds to believe the information you have supports your disclosure of improper conduct or detrimental action.
• If a disclosure is determined by IBAC not to be a Public Interest Complaint, IBAC may refer the disclosure to Western Health for investigation, which means your identity as a discloser may be made known to Western Health. The protections set out in Part 6 of the PID Act apply whether or not the disclosure is assessed and determined by IBAC to be a Public Interest Complaint.
• If you or any other person suffer detrimental actions as a reprisal for you making a disclosure, the PID Act sets out remedies that are available to you, in addition to the penalties that may be imposed for Western Health not protecting you.
• Western Health will only become aware that you are a discloser who may require protection when advised by IBAC. Western Health will keep all information it receives from IBAC confidential and will manage your welfare, and the welfare of any other relevant person in accordance with the PID Act.
• If you are a Western Health staff member, please know your welfare will be managed with care, led by a senior staff member from our People & Culture team.
• If you are not a Western Health staff member, we will arrange reasonable support and protection for you. We will take into account the likelihood of any detrimental action against you or any other relevant person as a reprisal for your disclosure.

Your disclosure will not be a public interest disclosure and will not be protected if:

• it is already known by others (i.e. it is in the public domain)
• it is a mere assertion, allegation or conclusion (i.e. it cannot be investigated)
• there are no reasonable grounds to believe your information supports your disclosure.

If you make a disclosure to IBAC in accordance with their guidelines and processes, you are protected by law. 

This means you are:

• protected from claims of defamation
• protected from breaking confidentiality laws
• protected as soon as you make your disclosure (and those protections remain in place even if IBAC determines that your disclosure does not amount to a Public Interest Complaint).

You will not be protected from liability if:

• you knowingly provide false or misleading information
• you repeat your disclosure to someone other than IBAC
• you tell others that IBAC has decided to investigate or refer your disclosure.

You will also not necessarily be protected just because you make a disclosure to IBAC. You may remain liable for your own conduct, even when your conduct has been disclosed.

If your disclosure is assessed and determined by IBAC to be a Public Interest Complaint, your identity will be kept confidential. 

Please note that details of you and your disclosure may need to be used by IBAC for its investigation, and our staff may need to disclose information to IBAC when required to assist IBAC.

No one can use the Freedom of Information Act 1982 (Vic) to obtain documents relating to your disclosure, or any documents that would likely lead to your identification. We will contact IBAC first, before considering any application made to Western Health under the Freedom of Information Act 1982 (Vic).

The Public Interest Disclosure Coordinator is responsible for:

• providing general advice about the operation of the PID Act and for integrity agencies such as IBAC
• ensuring Western Health complies with the PID Act
• liaising with IBAC during investigations
• supporting disclosers and protecting identities
• providing copies of the PID Procedure on request.

Email: integrity@wh.org.au

Please note: The Public Interest Disclosure Coordinator is the Executive Director of Strategy, Partnerships and Corporate Governance. If the Executive Director is conflicted, the Chief Executive Officer will take on the role. 

Learn more about our executive team on the Western Health Executive page. 

If your concern does not involve misconduct or corruption but you would still like to make a complaint about Western Health, you can do so via our Feedback page.

Additional protections

Western Health also protects anyone who makes disclosures of information to the Inspector-General of Aged Care under relevant laws.

Further information

We encourage you to visit the IBAC website for more information about the protections available to you if you make a disclosure to IBAC.