Public Interest Disclosure Procedure

Purpose

The Queensland Reconstruction Authority (QRA) is committed to fostering an ethical, transparent culture. In pursuit of this, QRA values the disclosure of information about suspected wrongdoing in the public sector so that it can be properly assessed and, if necessary, appropriately investigated.

QRA will provide support to an employee or others who make disclosures about matters in the public interest. This Procedure demonstrates this commitment and ensures that practical and effective procedures are implemented which comply with the requirements of the Public Interest Disclosure Act 2010 (Qld) (PID Act).

By complying with the PID Act, QRA will:

promote the public interest by facilitating public interest disclosures (PIDs) of wrongdoing
ensure that PIDs are properly assessed and, where appropriate, properly investigated and dealt with
ensure appropriate consideration is given to the interests of persons who are the subject of a PID
ensure protection from reprisal is afforded to persons making PIDs.

As required under the PID Act, the Chief Executive Officer (CEO) will implement procedures to ensure that:

any public officer who makes a PID is given appropriate support
PIDs made to QRA are properly assessed and, where appropriate, properly investigated and dealt with
appropriate action is taken in relation to any wrongdoing which is the subject of a PID
a management program for PIDs made to QRA, consistent with the standards issued by the Queensland Ombudsman, is developed and implemented
public officers who make PIDs are offered protection from reprisal by QRA or other public officers of QRA.

Process

PID Management Program

The CEO has overall responsibility for ensuring that QRA develops, implements and maintains a PID management program. The QRA PID management program encompasses:

commitment to encouraging the internal reporting of wrongdoingsenior management endorsement of the value to QRA of PIDs, training and awareness, and the proper management of PIDs
a communication strategy to raise awareness among employees about PIDs and QRA’s PID procedure
a training strategy to give employees access to training about how to make a PID, information on the support available to a discloser, and advice on how PIDs will be managed
specialist training and awareness about PIDs for senior management and other staff who may receive or manage PIDs, disclosers or workplace issues relating to PIDs
the appointment of a specialist officer/unit to be responsible for issues related to the management of PIDs
ensuring effective systems and procedures are in place so that issues and outcomes from PIDs inform improvements to service delivery, business processes and internal controls
regular review of the Public Interest Disclosure Procedure and evaluation of the effectiveness of the PID management program.

The CEO has designated the following roles and responsibilities for managing PIDs within QRA:

Roles and responsibilities

Role	Responsibilities	Officer or business unit
PID Coordinator	principal contact for PID issues within QRA document and manage implementation of PID management program review and update PID procedure annually maintain and update internal records of PIDs received report data on PIDs to Queensland Ombudsman assist PID Decision Maker to determine if the information received constitutes a PID undertake risk assessments in consultation with disclosers and other relevant officers liaise with other agencies about referral of PIDs allocate Support Officer to PID matter	Governance and Performance Team
PID Decision Maker	determine if the information received constitutes a PID determine how the matter should be dealt with e.g. through investigation, through another appropriate process, refer to another agency provide acknowledgment of receipt of PID to discloser review and approve risk assessment allocate Investigator to the PID matter, if required review investigation report and determine whether alleged wrongdoing is substantiated Ensure appropriate action is taken in relation to wrongdoing that is substantiated	Chief Finance Officer
PID Support Officer	provide advice and information to discloser on QRAs PID procedure provide personal support and referral to other sources of advice or support as required facilitate updates on progress of investigation proactively contact discloser throughout PID management process	Governance and Performance Team
Investigator	conduct investigation of information in PID in accordance with terms of reference prepare report for PID Decision Maker	Delegated by the CFO as required

Why make a PID?

Employees who are prepared to speak up about public sector misconduct, wastage of public funds, suspected unlawful activity or danger to health, safety or the environment can be the most important sources of information to identify and address problems in public sector administration. QRA supports the disclosure of information about wrongdoing because:

implementing systems for reporting and dealing with wrongdoing contributes to the integrity of QRA
the outcomes of PIDs can include improvements to systems that prevent fraud and other economic loss to QRA
the community’s trust in public administration is strengthened by having strong processes in place for reporting wrongdoing.

When making a PID the discloser receives the protections provided under the PID Act, including:

confidentiality – the discloser’s name and other identifying information will be protected to the extent possible
protection against reprisal – the discloser is protected from unfair treatment by QRA and employees of QRA as a result of making the PID
immunity from liability – the discloser cannot be prosecuted for disclosing the information but is not exempt from action if they have engaged in wrongdoing
protection from defamation – the discloser has a defence against an accusation of defamation by any subject officer.

What is a Public Interest Disclosure?

Under the PID Act, any person can make a disclosure about a:

substantial and specific danger to the health or safety of a person with a disability
the commission of an offence, or contravention of a condition imposed under a provision of legislation mentioned in Schedule 2 of the PID Act, if the offence or contravention would be a substantial and specific danger to the environment
reprisal because of a belief that a person has made or intends to make a disclosure.

In addition, public sector officers can make a disclosure about the following public interest matters:

corrupt conduct
maladministration that adversely affects a person’s interests in a substantial and specific way
a substantial misuse of public resources
a substantial and specific danger to public health or safety
substantial and specific danger to the environment.

A discloser can have either a ‘reasonable belief’ that wrongdoing has occurred or provide evidence which tends to show the wrongdoing has occurred.

A disclosure amounts to a PID and is covered by the PID Act even if the:

discloser reports the information as part of their duties – such as an auditor reporting a fraud or an occupational health and safety officer reporting a safety breach
disclosure is made anonymously – the discloser is not required to give their name or any identifying information
discloser has not identified the material as a PID – it is up to QRA to assess information received and decide if it is a PID
disclosure is unsubstantiated following investigation – the discloser is protected when the information they provide is assessed as a PID, whether or not it is subsequently investigated or found to be substantiated.

Who can a PID be disclosed to?

A PID must be made to the ‘proper authority’ to receive disclosures of the type being made.

Disclosers are encouraged to make a disclosure to an appropriate officer of QRA first. If the matter is not resolved, or the discloser is concerned about confidentiality, the disclosure may be made to another appropriate agency.

Who to contact within QRA:	Other agencies that can receive PIDs:
Any person (including employees) can make a disclosure to: any person in a management position the Governance and Performance team the Chief Executive Officer	Disclosures can be made to an agency that has a responsibility for investigating the information disclosed: Crime and Corruption Commission (CCC) for disclosures about corrupt conduct including reprisal Queensland Ombudsman for disclosures about maladministration Queensland Audit Office for disclosures about a substantial misuse of resources Department of Families, Seniors, Disability Services and Child Safety for disclosures about danger to the health and safety of a child or young person with a disability or for disclosures about danger to the health and safety of a person with a disability Office of the Public Guardian for disclosures about danger to the health and safety of a person with a disability Department of the Environment, Tourism, Science and Innovation for disclosures about danger to the environment A Member of the Legislative Assembly (MP) for any wrongdoing or danger The Chief Judicial Officer of a court or tribunal in relation to a disclosure about wrongdoing by a judicial officer. Also, a person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal in accordance with section 44 of the PID Act. A complaint can be lodged with the Queensland Human Rights Commission.

Who to contact within QRA:

Other agencies that can receive PIDs:

Any person (including employees) can make a disclosure to:

any person in a management position
the Governance and Performance team
the Chief Executive Officer

Disclosures can be made to an agency that has a responsibility for investigating the information disclosed:

Crime and Corruption Commission (CCC) for disclosures about corrupt conduct including reprisal
Queensland Ombudsman for disclosures about maladministration
Queensland Audit Office for disclosures about a substantial misuse of resources
Department of Families, Seniors, Disability Services and Child Safety for disclosures about danger to the health and safety of a child or young person with a disability or for disclosures about danger to the health and safety of a person with a disability Office of the Public Guardian for disclosures about danger to the health and safety of a person with a disability
Department of the Environment, Tourism, Science and Innovation for disclosures about danger to the environment
A Member of the Legislative Assembly (MP) for any wrongdoing or danger
The Chief Judicial Officer of a court or tribunal in relation to a disclosure about wrongdoing by a judicial officer.
Also, a person may make a complaint under the Anti-Discrimination Act 1991 about a reprisal in accordance with section 44 of the PID Act. A complaint can be lodged with the Queensland Human Rights Commission.

A disclosure can also be made to a journalist if the following conditions have been met:

a valid PID was initially made to a proper authority, and
the proper authority:
- decided not to investigate or deal with the disclosure, or
- investigated the disclosure but did not recommend taking any action, or
- failed to notify the discloser within six months of making the disclosure whether or not the disclosure was to be investigated or otherwise dealt with.

A person who makes a disclosure to a journalist in these circumstances is protected under the PID Act. However, disclosers should be aware that journalists are not bound under the confidentiality provisions of section 65 of the PID Act.

How to make a PID

A discloser can make a PID in any way, including anonymously, either verbally or in writing. To assist in the assessment, and any subsequent investigation of a PID, disclosers are requested to:

provide contact details (this could be an email address that is created for the purpose of making the disclosure or a telephone number)
provide as much information as possible about the suspected wrongdoing, including:
- who was involved
- what happened
- when it happened
- where it happened
- whether there were any witnesses, and if so who they are
- any evidence that supports the PID, and where the evidence is located
- any further information that could help investigate the PID
provide this information in writing to complaints@qra.qld.gov.au or by mail.

Deciding whether a matter is a PID

If there is any doubt as to whether a matter is a PID, further information may be obtained to inform the decision. If doubt still remains, the matter will be considered and managed as a PID. Mere disagreements over policy do not meet the threshold for a PID under the PID Act.

It is an offence under the PID Act to intentionally give false or misleading information intending it be acted on as a PID. Employees may be subject to disciplinary action for intentionally giving false or misleading information in a PID, or during an investigation into a PID.

Where a discloser states they are making a PID, but it is assessed that the matter is not a PID, QRA will advise the discloser:

that their information has been received but was not assessed as a PID
the reasons for the decision
the review rights available if the discloser is dissatisfied with the decision and how to request review
any action QRA proposes to take in relation to the matter
any other options the discloser has in relation to the matter.

Assessing a PID

The disclosure will be assessed in accordance with the PID Act, the PID standards, QRA Public Interest Disclosure Procedure and any other relevant procedure(s).

Once the matter has been assessed as a PID, QRA will advise the discloser:

that their information has been received and assessed as a PID
the action to be taken by QRA in relation to the disclosure, which could include referring the matter to an external agency, or investigating
the likely timeframe involved
the name and contact details of the QRA support officer they can contact for updates or advice
of the discloser’s obligations regarding confidentiality
the protections the discloser has under the PID Act
the commitment of QRA to keep appropriate records and maintain confidentiality, except where permitted under the PID Act
how updates regarding intended actions and outcomes will be provided to the discloser
contact details for QRA’s Employee Assistance Program.

If the PID has been made anonymously and the discloser has not provided any contact details, QRA will not be able to acknowledge the PID or provide any updates.

Referring a PID

If QRA decides there is another proper authority that is better able to deal with the PID, the PID may be referred to that agency. This may be because:

the PID concerns wrongdoing by that agency or an employee of that agency
that agency has the power to investigate or remedy the matter.

Before referring the PID to another agency, QRA will conduct a risk assessment, and will not proceed with the referral if there is an unacceptable risk of reprisal.

It may also be necessary to refer the PID to another agency because of a legislative obligation, for example, referring a matter to the Crime and Corruption Commission where there is a reasonable suspicion that the matter involves or may involve corrupt conduct (as required by section 38 of the Crime and Corruption Act 2001).

The confidentiality obligations of the PID Act permit appropriate officers of QRA to communicate with another agency about the referral of a PID. Officers will exercise discretion in their contacts with any other agency.

The discloser will be advised of the action taken by QRA.

Risk assessment and protection from reprisal

Disclosers should not suffer any form of detriment as a result of making a PID. Upon receiving a PID, QRA will conduct a risk assessment to assess the likelihood of the discloser (or witnesses or affected third parties) suffering reprisal action as a result of having made the disclosure. This assessment will take into account the actual and reasonably perceived risk of the discloser (or witnesses or affected third parties) suffering detriment and will include consultation with the discloser.

A risk assessment will be undertaken if the discloser is anonymous on the basis of information available in the PID. The risk assessment will also take into account the risk to persons who may be suspected of making the PID.
Consistent with the assessed level of risk, QRA will develop and implement a risk management plan and arrange any reasonably necessary support or protection for the discloser (or witnesses or affected third parties).

QRA will regularly reassess the risk of reprisal while the PID is being managed, in consultation with the discloser, and review the risk management plan if required. In the event of reprisal action being alleged or suspected, QRA will:

attend to the safety of the discloser (or witnesses or affected third parties) as a matter of priority
review its risk assessment, risk management plan and any protective measures needed to mitigate any further risk of reprisal
manage any allegation of a reprisal as a PID in its own right.

Declining to take action on a PID

Under the PID Act, the QRA may decide not to investigate or deal with a PID in various circumstances, including:

the information disclosed has already been investigated or dealt with by another process
the information disclosed should be dealt with by another process
the age of the information makes it impractical to investigate
the information disclosed is too trivial and dealing with it would substantially and unreasonably divert QRA from the performance of its functions
another agency with jurisdiction to investigate the information has informed QRA that an investigation is not warranted.

If a decision is made not to investigate or deal with a PID, QRA will give the discloser written reasons for that decision.

If the discloser is dissatisfied with the decision, they can request a review by writing to the CEO of QRA within 28 days of receiving the written reasons for decision.

Communication with disclosers

Under the PID Act, QRA must give reasonable information to a discloser. QRA will acknowledge receipt of the PID in writing as soon as practicable. The discloser will be provided with information that meets the requirements of the PID Act, and the standards issued by the Queensland Ombudsman, including:

the action that will be taken in response to the PID
the protections under the PID Act
confidentiality obligations of the discloser and the QRA
support arrangements.

QRA will maintain contact with the discloser and provide regular updates during the management of the PID.

In accordance with the PID Act, after finalising action in response to the PID, QRA will advise the discloser in writing of the action taken and the results of the action.

Confidentiality

While QRA will make every attempt to protect confidentiality, a discloser’s identity may need to be disclosed to:

provide natural justice to subject officers
respond to a court order, legal directive or court proceedings.

QRA will ensure that communication with all parties involved will be arranged discreetly to avoid identifying the discloser wherever possible. Disclosers should be aware that while QRA will make every attempt to keep their details confidential, it cannot guarantee that others will not try to deduce their identity.

Support for disclosers

QRA recognises that providing appropriate support to a discloser is an important feature of effective PID management.

An assessment will be undertaken to identify the support needs of the discloser. Where appropriate, a PID Support Officer will be assigned to the discloser. The PID Support Officer will assist the discloser to access information about PIDs, protections available under the PID Act and the PID management process. The PID Support Officer will proactively contact the discloser to offer support.

Information and support will be provided to the discloser until the matter is finalised.

Making a PID does not prevent reasonable management action. That means that the discloser will continue to be managed in accordance with normal, fair and reasonable management practices during and after the handling of the PID.

Investigating a PID

If a decision is made to investigate a PID, this will be done with consideration for the:

principles of natural justice
obligation under the PID Act to protect confidential information
obligation under the PID Act to protect officers from reprisal
interests of subject officers.

If as a result of investigation, the information about wrongdoing provided in the PID is substantiated, appropriate action will be taken.

Where the investigation does not substantiate wrongdoing, QRA will review systems, policies and procedures to identify whether there are improvements that can be made and consider if staff training is required.

Rights of subject officers

QRA acknowledges that for officers who are the subject of a PID the experience may be stressful. QRA will protect their rights by:

assuring them that the PID will be dealt with impartially, fairly and reasonably in accordance with the principles of natural justice
confirming that the PID is an allegation only until information or evidence obtained through an investigation substantiates the allegation
providing them with information about their rights and the progress and outcome of any investigation
referring them to the Employee Assistance Program for support.

Information and support will be provided to a subject officer until the matter is finalised.

Record-keeping

In accordance with its obligations under the PID Act and the Public Records Act 2023 (Qld), QRA will ensure that:

accurate data is collected about the receipt and management of PIDs
anonymised data is reported to the Office of the Queensland Ombudsman in their role as the oversight agency, through the PID reporting database.

Records about disclosures, investigations, and related decisions will be kept secure and accessible only to appropriately authorised people involved in the management of the PID.

Definitions

Term	Definition
Administrative action	a) means any action about a matter of administration, including, for example: a decision and an act; and a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and the formulation of a proposal or intention; and the making of a recommendation, including a recommendation made to a Minister; and an action taken because of a recommendation made to a Minister; and b) does not include an operational action of a police officer or of an officer of the Crime and Corruption Commission.
Confidential information	a) includes — information about the identity, occupation, residential or work address or whereabouts of a person — (A) who makes a public interest disclosure; or (B) against whom a public interest disclosure has been made; and information disclosed by a public interest disclosure; and information about an individual’s personal affairs; and information that, if disclosed, may cause detriment to a person; and b) does not include information publicly disclosed in a public interest disclosure made to a court, tribunal or other entity that may receive evidence under oath, unless further disclosure of the information is prohibited by law.
Corrupt conduct	As defined in section 15 of the Crime and Corruption Act 2001 (1) Corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that— a) adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— a unit of public administration; or a person holding an appointment; and b) results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— is not honest or is not impartial; or involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and c) would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. (2) Corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that— a) impairs, or could impair, public confidence in public administration; and b) involves, or could involve, any of the following— collusive tendering; fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; evading a state tax, levy or duty or otherwise fraudulently causing a loss of State revenue; fraudulently obtaining or retaining an appointment; and c) would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.
Detriment	includes – a) personal injury or prejudice to safety; and b) property damage or loss; and c) intimidation or harassment; and d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and e) financial loss; and f) damage to reputation, including, for example, personal, professional or business reputation.
Disability	As defined in section 11 of the Disability Services Act 2006, for the purposes of this procedure: (1) A disability is a person’s condition that— a) is attributable to— an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or a combination of impairments mentioned in subparagraph (i); and b) results in— a substantial reduction of the person’s capacity for communication, social interaction, learning, mobility or self-care or management; and the person needing support. (2) For subsection (1), the impairment may result from an acquired brain injury. (3) The disability must be permanent or likely to be permanent. (4) The disability may be, but need not be, of a chronic episodic nature.
Disclosure	A person who makes a disclosure in accordance with the Public Interest Disclosure Act 2010.
Employee	Of an entity, includes a person engaged by the entity under a contract of service.
Investigation	For the purposes of this procedure, investigation includes any enquiry undertaken to establish whether the information provided in a PID can be substantiated, including a review or audit.
Journalist	A person engaged in the occupation of writing or editing material intended for publication in the print or electronic news media.
Maladministration	As defined in schedule 4 of the Public Interest Disclosure Act 2010, maladministration is administrative action that— a) was taken contrary to law; or b) was unreasonable, unjust, oppressive, or improperly discriminatory; or c) was in accordance with a rule of law or a provision of an Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory in the particular circumstances; or d) was taken— for an improper purpose; or on irrelevant grounds; or having regard to irrelevant considerations; or e) was an action for which reasons should have been given, but were not given; or f) was based wholly or partly on a mistake of law or fact; or g) was wrong.
Natural Justice	Natural justice, also referred to as ‘procedural fairness’ applies to any decision that can affect the rights, interests or expectations of individuals in a direct or immediate way. Natural justice is at law a safeguard applying to an individual whose rights or interests are being affected. The rules of natural justice, which have been developed to ensure that decision-making is fair and reasonable, are: avoid bias; and give a fair hearing. act only on the basis of logically probative evidence.
Organisational Support	For the purposes of this procedure, organisational support means actions such as, but not limited to: providing moral and emotional support advising disclosers about agency resources available to handle any concerns they have as a result of making their disclosure appointing a mentor, confidante or other support officer to assist the discloser through the process referring the discloser to the agency’s Employee Assistance Program or arranging for other professional counselling generating support for the discloser in their work unit where appropriate ensuring that any suspicions of victimisation or harassment are dealt with and maintaining contact with the discloser negotiating with the discloser and their support officer a formal end to their involvement with the support program when it is agreed that they no longer need assistance.
Proper Authority	A person or organisation that is authorised under the Public Interest Disclosure Act 2010 (Qld) to receive disclosures.
Public Officer	A public officer, of a public sector entity, is an employee, member or officer of the entity.
Reasonable belief	A view which is objectively fair or sensible.
Reasonable management action	Action taken by a manager in relation to an employee, includes any of the following taken by the manager— a) a reasonable appraisal of the employee’s work performance; b) a reasonable requirement that the employee undertake counselling; c) a reasonable suspension of the employee from the employment workplace; d) a reasonable disciplinary action; e) a reasonable action to transfer or deploy the employee; f) a reasonable action to end the employee’s employment by way of redundancy or retrenchment; g) a reasonable action in relation to an action mentioned in paragraphs (a) to (f); h) a reasonable action in relation to the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in relation to the employee’s employment.
Reprisal	The term ‘reprisal’ is defined under the Public Interest Disclosure Act 2010 (Qld) as causing, attempting to cause or conspiring to cause detriment to another person in the belief that they or someone else: has made or intends to make a disclosure; or has been or intends to be involved in a proceeding under the disclosure Act against any person. Reprisal under the Public Interest Disclosure Act 2010 (Qld) is a criminal offence and investigations may be undertaken by the Queensland Police Service.
Subject Officer	An officer who is the subject of allegations of wrongdoing made in a disclosure.
Substantial and Specific	Substantial means 'of a significant or considerable degree'. It must be more than trivial or minimal and have some weight or importance. Specific means “precise or particular”. This refers to conduct or detriment that is able to be identified or particularised as opposed to broad or general concerns or criticisms.

Review

This procedure will be reviewed within twelve months of the initial approval date, then at least once every three years, and as required to consider changes to relevant legislation, government policy and practices, changing trends, and feedback.

Document control

Version no.	Date	Approved by	Next scheduled review date
1.1	21 July 2020	Brendan Moon, CEO	July 2021
2.1	31 July 2021	Brendan Moon, CEO	July 2024
2.2	2 October 2026	Andrew Nehill, CFO	October 2029

Contact

For further information, please contact:

Corporate Services - Governance and Performance

Email: governance@qra.qld.gov.au

(QRA policy document reference: CM QRATF/20/34742. Last reviewed November 2026)