Providing information and Public Interest Disclosures

Remaining anonymous and being protected by the Public Interest Disclosure Act 2012

You may wish to make a Public Interest Disclosure (PID). Please carefully consider the information about Public Interest Disclosures when making your decision.

If you wish to provide general information that may be of assistance to the Office of Special Investigator (OSI) please send it to info@osi.vic.gov.au.

What kind of Public Interest Disclosure is properly made to the Office of the Special Investigator?

A Public Interest Disclosure relating to a member of Victoria Police personnel and conduct arising from, or out of, the use of Nicola Maree Gobbo as a human source must be made to the Office of the Special Investigator, the Independent Broad-based Anti-Corruption Commission or to Victoria Police.

Any person may make a Public Interest Disclosure to the Office of the Special Investigator about the conduct of serving or former members of Victoria Police.

A Public Interest Disclosure about the conduct of Victoria Police personnel can also be made to the Independent Broad-based Anti-Corruption Commission or to Victoria Police. In the event the OSI receives unrelated or misdirected Public Interest Disclosures, they will be forwarded to IBAC for assessment.

How can I lodge a Public Interest Disclosure with the Office of the Special Investigator?

A Public Interest Disclosure may be submitted to the Office of the Special Investigator by mail, via email or by telephone.

• By mail:
  Attention of the Public Interest Disclosure Coordinator
  The Office of the Special Investigator,
  PO Box 16235
  Collins Street West VIC 8007
  
• Via email: disclosure@osi.vic.gov.au

What happens when information is submitted to the Office of the Special Investigator?

If the Office of the Special Investigator receives information from a member of the public about the conduct of a member of Victoria Police personnel, but it is not clear whether or not that person intends to make a Public Interest Disclosure, the Office of the Special Investigator will ask for clarification and refer the person to this policy (as long as the information has not been provided anonymously).

If the person making the disclosure indicates that their intention is to make a Public Interest Disclosure, the Office of the Special Investigator is required to refer the matter to the IBAC for assessment.

A disclosure is not a Public Interest Disclosure if the person making it expressly states in writing that it is not a Public Interest Disclosure. Consequently, the disclosure is not required to be referred to, or assessed by, the IBAC.

When a Public Interest Disclosure is submitted directly to the IBAC or referred to it by another entity such as the OSI, the IBAC must assess the Public Interest Disclosure to determine whether it is a Public Interest Complaint.

The IBAC must refer a Public Interest Complaint to the OSI if it considers that the subject matter of the Public Interest Complaint is relevant to the performance of the OSI’s duties and functions, and it would be more appropriate for the OSI to investigate the Public Interest Complaint rather than the IBAC.

In the case of a Public Interest Complaint relating to the conduct of a member of Victoria Police personnel arising from, or out of, the use of Nicola Maree Gobbo as a human source, the IBAC may only refer the Public Interest Complaint to the OSI for investigation.

For the purposes of deciding whether to refer a Public Interest Complaint to the OSI, the IBAC may consult with the OSI.

When referring a Public Interest Complaint to the OSI, the IBAC may provide any relevant information it has but is required to consult the person who made the Public Interest Complaint and obtain their consent prior to disclosing any information that is likely to lead to their identification.

Investigation of Public Interest Complaints referred to the OSI

The OSI has a duty to investigate every Public Interest Complaint that the IBAC refers and has established procedures with respect to the investigation of Public Interest Complaints.

Information about the investigation and outcome of a Public Interest Complaint

A person who has made a Public Interest Complaint referred to the OSI by the IBAC may request information about the investigation of that complaint from the OSI. Such a request should be directed to the OSI PID Coordinator. Upon receipt of a request, the OSI may give the person the requested information.

On completing an investigation, if the OSI knows the identity of the person who made the Public Interest Complaint the OSI must inform them of the outcome of the investigation.

However, the OSI is not permitted to disclose information about the investigation or the outcome of it if the OSI considers that disclosure of the information would:

• not be in the public interest or the interests of justice
• put a person’s safety at risk
• prejudice an investigation under the Special Investigator Act 2021, the IBAC Act or an investigation by Victoria Police
• otherwise contravene a secrecy provision.

PID complaints about OSI officers

Any PIDs received by the OSI regarding OSI employees, will be referred to the Victorian Inspectorate.

The Victorian Inspectorate will receive and determine complaints regarding any employee of the OSI and any conduct by any person who was at the time an employee of the OSI.

Breaches

Any breaches of this procedure must be brought to the attention of the Chief Executive Officer of the OSI, in writing as soon as the breach is discovered.

Employees of the OSI are bound by the PID Act and the SI Act in relation to complaints made to and by employees of the OSI.