Compliance Framework
Compliance Driver
Public Interest Disclosures Act 2022 (NSW)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
NSW Ombudsman
Administrative Name
Public Interest Disclosures Unit
Administrative Address
Physical Address
Level 24
580 George Street
Sydney NSW
2000
Administrative Phone
02 9286 1000
1800 451 524
Administrative Email
pid@ombo.nsw.gov.au
Administrative Website
http://www.ombo.nsw.gov.au/what-we-do/our-work/public-interest-disclosures
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General Introduction
VC Compliance Delegate
Radha Thomas, Director Governance and University Secretary
Compliance Coordinator
Radha Thomas, Director Governance and University Secretary
Business Units Impacted
Overview
This Act seeks to provide protection for public officials who make reports/disclosures concerning corrupt conduct, maladministration and waste in the public sector. The University is a "public authority" under the Act, and is required to take every reasonable measure to ensure the confidentiality of the identity of a person who makes a protected disclosure. This Act prescribes a number of requirements that are to be followed by the University in the event that a protected disclosure is made.
Staff who make a public interest disclosure (PID) in accordance with the PID Rule and Procedure will be protected in accordance with the Act.Compliance Obligations
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Awareness & Training
Description
The University needs to ensure staff are aware of the PID Policy, protections under the Act and how and to whom to report.
Impacts
Negative impact on reputation
Breach Impact Financial:
The PID Act does not explicitly impose direct penalties on corporations
Breach Impact Non-Financial:
The Public Interest Disclosures Act 2022 (PID Act) in NSW includes criminal penalties for taking detrimental action against individuals who make public interest disclosures. This means that if someone is harmed, harassed, or discriminated against for reporting serious wrongdoing, the perpetrator can face criminal charges. It also allows for civil remedies, such as the recovery of damages and the ability to seek injunctions. This means that if someone is harmed, harassed, or discriminated against for reporting serious wrongdoing, the perpetrator can face criminal charges, and the victim can also pursue legal action to recover compensation for their losses and prevent further detrimental action.
Executive Liability: Yes - VC & CEO.
While the PID Act does not explicitly impose personal liability on directors and officers, they are responsible for ensuring their agency complies with the Act's provisions. Section 6(2) of the Act states that the head of an agency is responsible for ensuring the agency complies with the Act and the agency’s public interest disclosure policy .
Criminal Penalty/Offence: Yes.
Responsible Manager
Radha Thomas, Director Governance and University Secretary
Coordinating Officer
Radha Thomas, Director Governance and University Secretary
Coordinating Unit
Internal Audit
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Reporting
Description
The University needs to provide a statistical report on a 6 monthly basis on PIDs (public interest disclosures) report in the preceding 6 month period.
Impacts
Breach Impact Financial:
The PID Act does not explicitly impose direct penalties on corporations
Breach Impact Non-Financial:
The Public Interest Disclosures Act 2022 (PID Act) in NSW includes criminal penalties for taking detrimental action against individuals who make public interest disclosures. This means that if someone is harmed, harassed, or discriminated against for reporting serious wrongdoing, the perpetrator can face criminal charges. It also allows for civil remedies, such as the recovery of damages and the ability to seek injunctions. This means that if someone is harmed, harassed, or discriminated against for reporting serious wrongdoing, the perpetrator can face criminal charges, and the victim can also pursue legal action to recover compensation for their losses and prevent further detrimental action.
Executive Liability: Yes - VC & CEO.
While the PID Act does not explicitly impose personal liability on directors and officers, they are responsible for ensuring their agency complies with the Act's provisions. Section 6(2) of the Act states that the head of an agency is responsible for ensuring the agency complies with the Act and the agency’s public interest disclosure policy .
Criminal Penalty/Offence: Yes.
Responsible Manager
Radha Thomas, Director Governance and University Secretary
Coordinating Officer
Radha Thomas, Director Governance and University Secretary
Coordinating Unit
Internal Audit
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview