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If you wish to make a disclosure about improper or corrupt conduct on the part of VMIA or an employee or officer of VMIA, and wish for that disclosure to be protected, you must make the disclosure to the Independent Broad-based Anti-corruption Commission (IBAC).

What it’s about

The law provides particular protections to people who make a “public interest disclosure” (a process commonly known as “whistleblowing”) under the Public Interest Disclosure Act 2012 (Vic) (the PD Act). The purpose of these protections is to ensure that those making disclosures are not subject to detrimental action taken in reprisal against them.

VMIA is committed to transparency and accountability. VMIA does not tolerate improper conduct, misconduct or reprisals against persons who disclose such conduct.

You can help ensure that VMIA is free from corruption and serious misconduct by coming forward and providing information if you have concerns.

Here we explain the key concepts and procedures that apply to public interest disclosures.

What is a public interest disclosure?

A public interest disclosure is a report about:

  • ‘improper conduct’ by a public officer or body (or person trying to influence a public officer or body)’
  • ‘detrimental action’ taken, or threatened to be taken, by a public officer or body against a person in reprisal for a public interest disclosure.

Corrupt or improper conduct includes any of the following conduct by a public officer:

  • criminal offences
  • serious professional misconduct
  • dishonest performance of public functions
  • intentional or reckless breach of public trust
  • intentional or reckless misuse of information
  • substantial mismanagement of public resources
  • substantial risk to health or safety of a person
  • substantial risk to the environment
  • conduct of any person that adversely affects the honest performance by a public officer of their functions
  • conduct of any person that is intended to adversely affect the effective performance by a public officer of their functions for the benefit of the other person.
If the improper conduct you wish to make a complaint or report about does not fall into the above categories, you can make a complaint directly to VMIA through our workplace behaviour policy or the standard or complaints handling procedure, see Complaints Handling Policy.  

If the improper conduct you wish to make a complaint or report about does not fall into the categories listed, you can make a complaint directly to the VMIA through the standard complaints handling procedure (see https://www.vmia.vic.gov.au/contact-us/feedback).

Who can make a public interest disclosure?

Any person can make a disclosure about improper conduct by public bodies and public officers. This includes a person who is a member, officer or employee of a public body or public officer. However, the making of disclosure is not limited only to ‘internal’ disclosers.

A company or a business cannot make a disclosure. The disclosure must be by an individual or a group of individuals.

A disclosure can be made anonymously. A person can also make a disclosure in circumstances where they cannot identify the person or the organisation to which the disclosure relates.

How to make a public interest disclosure

Disclosures may be made in a number of ways set out in the Act, including anonymously, in writing or orally. VMIA cannot receive or be notified of public interest disclosures. If you wish to make a public interest disclosure, you should make it directly to the Independent Broad-based Anti-corruption Commission (IBAC).

In person:

IBAC Victoria
Level 1, North Tower
459 Collins Street
Melbourne
Victoria 3001

By mail:

IBAC Victoria
GPO Box 24234
Melbourne VIC 3000

Online: www.ibac.vic.gov.au
By phone: 1300 735 135

If IBAC decides that your complaint is not a disclosure about improper conduct or detrimental action, IBAC may refer you back to VMIA for your complaint to be dealt with in accordance with standard complaints handling procedures.

If you have made a complaint or disclosure to IBAC about a VMIA’s officer or employee, you do not need to let the VMIA know.

Protection for making a public interest disclosure

Any person within the scope of this policy is protected from detrimental action for making a public interest disclosure or cooperating with an investigation into one.

It includes intimidation, harassment and adverse treatment in relation to the person’s employment. Detrimental action is, or threatened to be, taken against a person because that person or another person has made, or intends to make a disclosure of has cooperated, or intends to cooperate, with the investigation of one.

A person who makes a disclosure that becomes a public interest disclosure is assured confidentiality and protection from reprisal and detrimental action.

If your complaint is assessed as a public interest disclosure, IBAC offer the following legal protections:

  • IBAC will never publicise your name
  • You and your family, friends and colleagues will be protected from being fired or bullied for making a complaint
  • You will receive protection from defamation and detrimental action in reprisal for making a public interest disclosure
  • You will receive immunity from: o Civil or criminal liability as well as administrative action (including disciplinary action) for making the disclosure
  • Committing an offence under the Constitution Act 1975 (Vic) or any other Act that imposes obligations of confidentiality or otherwise restricts the disclosure of information
  • Breaching any other obligation (made by oath or rule of law or practice) requiring the maintenance of confidentiality or otherwise restricting the disclosure of information. The protections apply regardless of whether IBAC has determined that it is a protected disclosure complaint.

The protections apply regardless of whether IBAC has determined that it is a protected disclosure complaint.

Need more information?

For further information on VMIA’s Public Interest Disclosures Procedures or Complaints Handling Procedures please contact:

Chief Risk Officer
Victorian Managed Insurance Authority
Level 10 South, 161 Collins Street
Melbourne VIC 3000
PO Box 18409
Collins Street East, VIC 8003

Phone: (03) 9270 6900