Public Interest Disclosures
Reports about fraud, corruption and other misconduct
Melton City Council is committed to creating and upholding the highest ethical standards, in everything we do. A key part of this commitment is encouraging and facilitating the making of reports and disclosures of improper conduct, about public sector officers and bodies.
Council does not tolerate fraud, corruption or misconduct by its officers, councillors, contractors or other related third parties and will investigate reports of such behaviour, in a timely, confidential and professional manner. More information on how Council will process a Public Interest Disclosure can be found in Council’s Public Interest Disclosure Procedure below.
Council takes proactive steps to monitor compliance with ethical standards but may be assisted by disclosures and reports from both internal and external sources.
You may be safeguarded by protections when making a disclosure which is a Public Interest Disclosure. These protections include not being subject to any reprisal arising by way of administrative process for making the disclosure.
Please note, these protections may not apply, when you are making a report of suspected fraud, corruption or other misconduct, which is not a Public Interest Disclosure.
What is a Public Interest Disclosure?
A Public Interest Disclosure is a disclosure that is made in accordance with Part 2 of the Public Interest Disclosures Act 2012.
To be a Public Interest Disclosure, the Disclosure must be made by a natural person (a corporation or a business cannot make a Public Interest Disclosure); and show or tend to show (or the Discloser must reasonably believe that the Disclosure shows or tends to show):
a) that a person, a public body (such as Council), or a public officer (including a Council employee or contractor or Councillor) has engaged in, is engaging in, or proposes to engage in Improper Conduct; or
b) that a public body (such as Council) or a public officer (including a Council employee or contractor or Councillor) has taken, is taking or proposes to take Detrimental Action against a person in reprisal for making a Public Interest Disclosure.
Council will require supporting information to investigate an allegation or fraud, corruption or other misconduct. This is referred to as a ’reasonable belief’ of the reporting person. A ‘reasonable belief’ must be based in something more than a mere allegation or conclusion unsupported by any further facts or circumstances. Council will most often be unable to investigate an allegation which does not have supporting information. If you submit a Public Interest Disclosure, this will be referred to the Public Interest Disclosure Coordinator.
What is a report of fraud, corruption or other misconduct?
Reports made to Council about suspected fraud, corruption or other misconduct are those which may not meet the criteria of a Public Interest Disclosure. These may include reports from a business, or where there is a lack of supporting information, or if the person making the report does not wish the report to be assessed as a Public Interest Disclosure.
When making a report of suspected fraud, corruption or other misconduct to Council, you will be required to nominate whether it is a Public Interest Disclosure, or not.
For more information on which protections may apply to your report or disclosure, you may wish to contact: integrity@melton.vic.gov.au or seek independent legal advice.
How do I make a Public Interest Disclosure or report?
Will my disclosure or report be kept confidential?
Yes. All disclosures and reports will be dealt with and kept strictly confidential by experienced Council Integrity staff. When making a report or disclosure, you will have the choice to remain anonymous – but providing your contact details will allow us to seek more information if needed, and your details may be shared with other agencies as authorised or required by law.
Can I contact anyone else instead?
A report or disclosure may be made directly to IBAC (Independent Broad-based Anti corruption Commission) or the Victorian Ombudsman:
IBAC
North Tower
Level 1, 459 Collins Street
Melbourne VIC 3000
ibac.vic.gov.au
Phone: 1300 735 135
The Victorian Ombudsman
Level 2, 570 Bourke Street
Melbourne VIC 3000
ombudsman.vic.gov.au
Phone: 1800 806 314
Please note: if the report or disclosure relates to:
- Councillors - the report or disclosure must be made direct to IBAC or the Victorian Ombudsman
- the Public Interest Disclosure Coordinator - the report or disclosure should be made to the Chief Executive Officer at officeofceo@melton.vic.gov.au
- the Chief Executive Officer - the report or disclosure should be made to the Public Interest Disclosure Coordinator