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
Return to Top
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
Return to Top
General Introduction
VC Compliance Delegate
Kus Pandey, Director Governance and University Secretary
Compliance Coordinator
Sarah Frost, Strategic Project Lead
Business Units Impacted
Overview
This Act facilities disclosure by public officials of serious wrongdoing in or affecting the public sector. It provides protections for those involved in public interest disclosures (PIDs), helps to promote a culture in which PIDs are encouraged, and establishes an oversight regime and requirements for dealings with and reporting on PIDs.
Compliance Obligations
Return to Top
Awareness & Training
Description
The University needs to ensure public officials and PID Act responsible officers are aware of the various aspects of the PID Act, including the PID policy, protections under the Act, how and to whom to report, and their responsibilities (PID Act s 48).
Impacts
Negative impact on reputation
Breach Impact Financial:
The PID Act does not explicitly impose direct penalties on corporations.
The employer can be liable for damages for detrimental action taken by an employee (s 36).
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
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Sarah Frost, Strategic Project Lead
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
Audit and Risk Committee
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Reporting Wrongdoing at UNE Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Contractors
Description
The University must ensure that contracts meet the requirements of section 82 of the PID Act - that is, contractors must be made aware of their rights and obligations under the PID Act.
Impacts
Negative impact on reputation
Breach Impact Financial:
The PID Act does not explicitly impose direct penalties on corporations.
The employer can be liable for damages for detrimental action taken by an employee (s 36).
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
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Sarah Frost, Strategic Project Lead
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
Audit and Risk Committee
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Reporting Wrongdoing at UNE Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Dealing with voluntary PIDs
Description
Ensure that throughout the year the university has met its obligations in relation to dealing with voluntary PIDs under the PID Act. The primary obligations are:
- deal with voluntary PIDs in accordance with sections 49, 55, 56
- provide information to disclosers of voluntary PIDs as set out in s 59
- take steps to assess and minimise the risk of detrimental action (ss 61-62) - risk assessments should be undertaken
- ensure confidentiality of voluntary PIDs as set out in s 64, and
- take corrective action if serious wrongdoing is found (s 66).
Impacts
Breach Impact Financial:
The PID Act does not explicitly impose direct penalties on corporations.
Section 62 provides that an agency may be liable for damages if it fails to meet its risk management obligations under s 61 and a person suffers injury, damage or loss as a result of that failure. Onus of proof is on the agency.
The employer can also be liable for damages for detrimental action taken by an employee (s 36).
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
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Sarah Frost, Strategic Project Lead
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
Audit and Risk Committee
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Reporting Wrongdoing at UNE Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Notifications
Description
The University needs to notify the Ombudsman of certain reportable events under the PID Act (ss 34, 55, 81).
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
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Sarah Frost, Strategic Project Lead
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
Audit and Risk Committee
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Reporting Wrongdoing at UNE Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Policy
Description
The University must have a public interest disclosures (PID) policy that meets certain content requirements and is publicly available and 'prominent' on the website/intranet (PID Act ss 42-47)
Impacts
Negative impact on reputation
Breach Impact Financial:
The PID Act does not explicitly impose direct penalties on corporations.
The employer can be liable for damages for detrimental action taken by an employee (s 36).
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
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Sarah Frost, Strategic Project Lead
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
Audit and Risk Committee
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Reporting Wrongdoing at UNE Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Reporting
Description
The University needs to report to the Ombudsman on a financial year basis about public interest disclosures (PIDs) in the preceding 12 month period (PID Act s 78).
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
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Sarah Frost, Strategic Project Lead
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
Audit and Risk Committee
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Reporting Wrongdoing at UNE Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview