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Reporting improper or corrupt conduct

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 “protected disclosure” (a process commonly known as “whistleblowing”) under the Protected 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 protected disclosures.

What is a protected disclosure?

A protected disclosure is a complaint or a report about the conduct of public bodies or public officers that is “improper conduct.” Public officers include members, officers and/or employees of the VMIA.

Improper conduct includes:

Type of conduct 

Meaning

Corrupt conduct

Conduct that would, if proved beyond reasonable doubt at trial, constitute:
A criminal offence that is indictable (e.g. serious);
or The criminal offences of attempt to pervert the course of justice, perverting the course of justice or bribery of a public official.

Other specified conduct

Conduct that if proved would constitute a criminal offence that is not indictable (i.e. a more minor criminal offence) or reasonable grounds for dismissal from employment.

Protected disclosures can also be made about detrimental action that has occurred, is occurring or is likely to be engaged in by a public body or a public officer. For a disclosure to be a protected disclosure it must be made in accordance with the requirements of Part 2 of the PD Act (refer to Section 3.3 below)

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 the VMIA through the standard complaints handling procedure (see https://www.vmia.vic.gov.au/contact-us/feedback).

Who can make a protected 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 protected 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 notify of protected disclosures. If you wish to make a protected 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
By fax: (03) 8635 6444

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.

Protections and welfare management

Any person within the scope of this policy is protected from detrimental action taken against that person in reprisal for a protected disclosure.

Part 6 of the PD Act sets out the protections provided to persons who make a disclosure that is a ‘protected disclosure’ made in accordance with Part 2 of the PD Act. These protections include (but are not limited to), immunity from liability, protection from defamation and protection from detrimental action in reprisal for a protected disclosure.

The protections apply even if the public body receiving the disclosure does not notify the disclosure to IBAC, and whether or not IBAC has determined that it is a protected disclosure complaint.

The protections also apply to further information relating to a protected disclosure made by the original discloser, if the further information has been provided, verbally or in writing, to:

  • the entity to which the protected disclosure was made
  • IBAC, or
  • an investigating entity investigating the protected disclosure.

Need more information?

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

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

Phone: (03) 9270 69

Page last updated: 8 September 2017