• Section 2 - Application
• Section 3 - Roles and Responsibilities
• Section 4 - Relationship to TEQSA Threshold Standards
• Section 9 - Assessment and communication of a disclosure
• Section 11 - QUT’s response to a public interest disclosure
• Section 12 - Action on wrongdoing
• Section 13 - Confidentiality
• Section 14 - Support for disclosers
• Section 15 - Rights of subject officers
• Section 16 - Record-keeping
• Section 17 - Disclosure to a journalist
• Section 18 - Public Interest Disclosure oversight agency
• Section 19 - Commonwealth whistleblower protections
• Section 20 - Delegations
• Section 21 - Definitions

(1) QUT is committed to fostering an ethical, transparent culture.  We value the Disclosure of information about suspected wrongdoing so that it can be properly assessed and, if necessary, appropriately investigated and acted on, including any systemic issues that are identified.

(2) QUT encourages the reporting of wrongdoing, will facilitate support for employees or others who make disclosures about matters in the public interest, and ensure those who make Public Interest Disclosures (PIDs) are offered protection from reprisal.

(3) QUT is committed to managing PIDs and potential PIDs in accordance with the Public Interest Disclosure Act 2010 , the standards issued by the Queensland Ombudsman from time to time and QUT’s Conflict of Interest Policy. 

(4) This policy and procedure ensures that practical and effective processes for managing PIDs are implemented in accordance with the Public Interest Disclosure Act 2010, and that:

1. any QUT Public officer who makes a PID is given appropriate support;
2. PIDs made to QUT are properly assessed and, where appropriate, properly investigated and dealt with;
3. appropriate action is taken in relation to any wrongdoing which is the subject of a PID made to QUT; and
4. any QUT public officer who makes a PID is offered protection from reprisal by QUT or its officers.

Section 2 - Application

(5) This policy and procedure applies to the management of disclosures of public sector wrongdoing in accordance with the Public Interest Disclosure Act 2010.

(6) Any person including a member of the public may make a disclosure of public sector wrongdoing to or related to QUT, although not all disclosures will be considered a “public interest disclosure” or “PID” for the purposes of the Public Interest Disclosure Act 2010 and this policy and procedure. 

(7) Public officers, including employees of QUT (ongoing, fixed term, sessional or casual) may make specific types of disclosures which will attract protections under the Public Interest Disclosure Act 2010. 

(8) This policy and procedure does not apply to staff complaints, for example, concerns or grievances about work including interpersonal conflict and the application of employment-related policies and procedures. Those matters will be addressed pursuant to QUT’s Complaints Framework for Staff Policy, and complaints about sexual harassment, sexual assault and discrimination will be addressed in accordance with QUT’s Resolution Procedures for Sexual Harassment, Sexual Assault and Discrimination Related Complaints.

(9) This policy and procedure will be reviewed periodically and updated as required to ensure it meets the requirements of the Public Interest Disclosure Act 2010 and the standards issued by the Queensland Ombudsman.

Section 3 - Roles and Responsibilities

Section 4 - Relationship to TEQSA Threshold Standards

(10) This Policy complies with standards within Section 2.4 Student Grievances and Complaints, Section 6.1 Corporate Governance, and Section 6.2 Corporate Monitoring and Accountability mandated in the Higher Education Standards Framework (Threshold Standards) 2021 made under section 58(1) of the Tertiary Education Quality and Standards Agency Act 2011.

Section 5 - What is a Public Interest Disclosure (PID)?

(11) A public interest disclosure or a “PID” is a specific type of disclosure of information that occurs in the public sector and is regulated and protected by legislation in Queensland.

(12) A “public interest disclosure” is a disclosure under Chapter 2 of the Public Interest Disclosure Act 2010 and includes all information and help given by the discloser to a proper authority for the disclosure. 

(13) For QUT’s purposes, a disclosure is a PID if it satisfies relevant criteria in the Public Interest Disclosure Act 2010 relating to:

1. the information that may constitute a PID;
2. a person (or “discloser”) who may make a PID;
3. a person (or “proper authority”) to whom a PID may be made (see section 7 below); and
4. how a PID may be made (see section 8 below).

(14)  For QUT’s purposes, a disclosure by any person will qualify as a PID if it is about:

1. a substantial and specific danger to the health or safety of a person with a disability;
2. the commission of an offence against, or a contravention of a condition imposed under, a provision mentioned in Schedule 2 of the Public Interest Disclosure Act 2010, if the commission of the offence or contravention is or would be a substantial and specific danger to the environment; or
3. the conduct of another person that could, if proved, be a reprisal.

(15) In addition, a disclosure made by a public officer (i.e. an employee of QUT) about any of the following matters will qualify as a PID:

1. the conduct of another person that could, if proved, be corrupt conduct or maladministration that adversely affects a person’s interests in a substantial and specific way;
2. a substantial misuse of public resources (other than an alleged misuse based on mere disagreement over policy that may properly be adopted about amounts, purpose or priorities of expenditure);
3. a substantial and specific danger to public health or safety; or
4. a substantial and specific danger to the environment.

(16) A disclosure about the protected matters above will only qualify as a PID if:

1. the discloser honestly believes on reasonable grounds that their disclosure tends to show the wrongdoing; or
2. the disclosure tends to show the wrongdoing, regardless of whether the discloser honestly believes their disclosure tends to show the wrongdoing.

(17) A disclosure amounts to a PID and is covered by the Public Interest Disclosure Act 2010 even if:

1. The discloser reports the information as part of their duties, such as an auditor reporting a potential fraud or an occupational health and safety officer reporting a potential safety breach.
2. The disclosure is made anonymously.  However, because QUT is unable to identify and correspond with the discloser, QUT’s capacity to fully assess and address the disclosure, and provide protections to the discloser, may be inherently limited.
3. The discloser is unable to identify the subject officer.
4. The disclosure is made under a legal requirement.
5. The disclosure is about events that will or may happen but have not as yet happened.
6. The disclosure has been made to another proper authority.
7. The discloser has not identified the material as a PID.
8. The allegation of wrongdoing arising from the disclosure is, if addressed, unsubstantiated. The discloser is protected if and when their disclosure is assessed as a PID, whether or not the wrongdoing is ultimately substantiated.

(18) The discloser does not need to identify that they are making a PID either at or after having made their disclosure. The information they disclose will determine whether it is a PID, not whether the discloser is claiming PID protections.

Section 6 - Protections for disclosers under the Public Interest Disclosure Act 2010

(19) A discloser who makes a PID receives the protections provided under the Public Interest Disclosure Act 2010 in relation to making the PID, including:

1. Immunity from civil, criminal or administrative liability, albeit immunity does not extend to any wrongdoing engaged in by the discloser.
2. Protection from breach of legislative, contractual or legal confidentiality obligation.
3. Protection from defamation action.
4. Protection from reprisal by QUT and its employees in the course of their employment.
5. Protection of their name and other identifying information to the extent possible.

Section 7 - Who can a PID be disclosed to?

(20) A disclosure must be made to a proper authority to qualify as a PID. 

(21) QUT will only be a proper authority in relation to a disclosure if the disclosure relates to:

1. the conduct of QUT or any of its employees or officers;
2. anything QUT has a power to investigate or remedy; or
3. the conduct of another person that could, if proved, be a reprisal that relates to a previous disclosure made by the person to QUT, and the discloser has an honest belief the PID relates to those matters.

(22) The Public Interest Disclosure Act 2010 permits disclosures by public officers to be made to any person who, directly or indirectly, supervises or manages them. Likewise, disclosures by any person can be made to any member of QUT’s governing body, for example the Vice-Chancellor and President or any member of QUT Council.

(23) There does not need to be a reporting relationship between the QUT officer and the discloser for the disclosure to be protected, and the disclosure does not need to be in writing.

(24) A discloser who is seeking to make a PID to QUT is encouraged to do so in accordance with the procedure set out in Section 8 below. If a disclosure is made other than in accordance with that process (including to another proper authority as outlined below), it will be referred to the Office of the Vice-President (Administration) and University Registrar or to the Vice-Chancellor and President (as appropriate) for assessment and management.

(25) QUT contacts are:

The Office of the Vice-President (Administration) and University Registrar

The Office of the Vice-Chancellor and President

QUT’s Human Resources department

QUT’s Assurance and Audit unit

(26) A disclosure may also be made to:

1. The discloser’s direct or indirect supervisor or manager.
2. A member of QUT Council.

Your Call

(27) Alternately, a PID can be made to Your Call, an externally operated complaint management service. 

(28) Disclosures may be made to Your Call anonymously, if the discloser so chooses.  Your Call will act as an intermediary between a discloser and QUT in relation to communications about a disclosure, but will not otherwise assess, investigate or manage a disclosure, including a purported PID.

(29) Your Call contact details are:

External agencies

(30) If the matter is not resolved, or the discloser is concerned about confidentiality, the disclosure may be made to an agency that is external to QUT:

1. Crime and Corruption Commission (CCC) for PIDs about corrupt conduct including reprisal.
2. Queensland Ombudsman for PIDs about maladministration.
3. Queensland Audit Office for PIDs about a substantial misuse of resources.
4. Department of Environment and Science for PIDs about danger to the environment.
5. A member of the Legislative Assembly of Queensland.

Section 8 - How can a PID be made?

(31) A discloser can make a PID to QUT in any way, including anonymously.  However, to maximise the effectiveness of QUT’s response, disclosers are encouraged to follow the process set out below.

(32) It is an offence under the Public Interest Disclosure Act 2010 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.

All PIDs except those concerning the Vice-President (Administration) and University Registrar

(33) A PID may be made to the Office of the Vice-President (Administration) and University Registrar (contact details in Section 7 above).

(34) To assist in the assessment of the disclosure, and any subsequent investigation of a PID, disclosers are encouraged to provide the following information, in writing:

1. their name and contact details (e.g., email address and telephone number); and
2. as much information as possible about the alleged wrongdoing, including:
   1. Who was involved?
   2. What happened?
   3. When did it happen?
   4. Where did it happen?
   5. Were there any witnesses and, if so, who were they?
   6. What evidence is available and where is that evidence is located?  Provide copies of relevant documents if they are available to the discloser.
   7. Is there any further information that could assist in the consideration of the disclosure?

For PIDs concerning the Vice-President (Administration) and University Registrar

(35) Where a PID concerns the alleged conduct or actions of the Vice-President (Administration) and University Registrar, or the discloser otherwise considers it inappropriate to make their PID to the Vice-President (Administration) and University Registrar, the PID may be made to the Office of the Vice-Chancellor and President (contact details in Section 7 above).

Section 9 - Assessment and communication of a disclosure

(36) Once a potential PID has been made, it will be assessed in accordance with the Public Interest Disclosure Act 2010, the PID Standards and this policy and procedure to determine whether it meets the requirements of a PID. 

(37) QUT may refer a PID to another public sector entity where required, such as where legislative obligations arise in respect of the disclosure, for example, referral or notification to the Crime and Corruption Commission, Queensland Ombudsman, or Workplace Health and Safety Queensland.

(38) Where a disclosure which is purported to be a PID is assessed not to be a PID, QUT will advise the discloser in writing. Where a disclosure is assessed as a PID, QUT will acknowledge receipt of the PID in writing as soon as practicable and advise the discloser in writing.

(39) If there is doubt as to whether the disclosure is a PID, QUT will manage it as if it was a PID.

Communication to the discloser – assessed not to be a PID

(40) Where a disclosure which is purported to be a PID is assessed not to be a PID, QUT will advise the discloser:

1. that their disclosure has been received but was assessed not be to a PID;
2. the reasons for and information relied on in making that decision;
3. any action QUT proposes to take in relation to the matter, such as referral for the matter to be dealt with under another QUT policy or procedure; and
4. any other options the discloser has in relation to the matter.

Communication to the discloser – assessed as a PID

(41) Where a disclosure is assessed as a PID, QUT will acknowledge receipt of the PID in writing as soon as practicable and, where a discloser is identifiable, advise them in writing:

1. that their information has been received and assessed as a PID;
2. any action to be taken, or that has already been taken, by QUT in relation to the PID (e.g., referring the matter to an external agency, or investigating);
3. the discloser’s likely involvement in any proposed action;
4. the likely timeframe involved;
5. if a PID Support Officer has been allocated, the name and contact details of the PID Support Officer, who can be contacted for updates or advice;
6. of the discloser’s obligations regarding confidentiality;
7. the protections the discloser has under the Public Interest Disclosure Act 2010;
8. the commitment of QUT to keep appropriate records and maintain confidentiality, except where permitted under the Public Interest Disclosure Act 2010;
9. how updates regarding intended actions and outcomes will be provided to the discloser; and
10. contact details for QUT’s Employee Assistance Program (see Counselling Services for Staff (QUT staff access only)).

(42) QUT will maintain contact with the discloser and provide periodic updates during the management of the PID.

(43) After finalising action in response to the PID, QUT will advise the discloser in writing of the action taken and the results of the action. 

(44) However, some or all of that information may be withheld if giving the information would be likely to adversely effect anybody’s safety, the investigation of an offence or possible offence, or necessary confidentiality about an informant’s existence or identity.

Section 10 - Risk assessment and protection from reprisal

(45) It is unlawful for a discloser to suffer detriment by another person because the discloser has made, or intends to make, a PID.

(46) A person will have committed an indictable offence with a maximum penalty of 2 years imprisonment if they cause, or attempt or conspire to cause, detriment to a protected discloser because, or in the belief that, the protected discloser has made, or intends to make, a PID.

(47) That offence also arises where reprisal is taken against person who is, has been, or intends to be, involved in a proceeding under the Public Interest Disclosure Act 2010.  A person who takes a reprisal is liable in damages to any person who suffers detriment as a result. 

Risk assessment

(48) Upon receiving a PID, QUT will conduct a risk assessment to assess the likelihood of the discloser suffering reprisal action because of having made the PID.

(49) Depending on the circumstances, QUT might also conduct a reprisal risk assessment for witnesses or other third parties.

(50) A reprisal risk assessment will consider the nature of the risks, the consequences if reprisals occur, the likelihood of reprisals occurring and the timeframe/s in which the risks of reprisal may arise, and will include consultation with the discloser to the extent practicable.

(51) If the risk assessment identifies a risk of reprisal, QUT will develop and implement a risk management plan and arrange any reasonably necessary support or protection for the discloser.

(52) QUT will review the reprisal risk assessment periodically and amend as required until management of the PID is finalised.

(53) If reprisal action is alleged or suspected, QUT will:

1. attend to the safety of the discloser and others as a matter of priority;
2. review the reprisal risk assessment, any risk management plan and any protective measures needed to mitigate any further risk of reprisal;
3. determine whether the matter must be referred to another entity with jurisdiction to deal with the conduct, for example, notification to the Crime and Corruption Commission as reasonably suspected corrupt conduct; and
4. if the person reporting the alleged or suspected reprisal is identifiable, inform them of the process for making a PID (reprisal) in accordance with this policy and procedure.

(54) Any substantiated reprisal by a QUT staff member may result in disciplinary action against them in accordance with QUT’s policies and procedures.

Section 11 - QUT’s response to a public interest disclosure

(55) QUT will determine what action, if any, is appropriate in response to a PID. 

Referring a PID

(56) QUT may refer a PID to another public sector entity if it is about:

1. the conduct of that entity or a public officer of that entity; or
2. that entity has the power to investigate or remedy the relevant conduct.

(57) Before referring the PID to another agency, QUT will conduct a risk assessment and will not proceed with the referral if it raises an unacceptable risk of reprisal.  QUT will consult with the discloser as part of those process, if practicable.

Dealing with or investigating a PID

(58) Actions taken by QUT might include:

1. taking immediate measures to address a risk arising from the information disclosed;
2. implementing changes to policies, procedures or other internal processes or controls;
3. utilising existing QUT policies or procedures to address a concern or to undertake an investigation or enquiry into a matter;
4. conducting an internal audit or review; and
5. formally investigating one or more allegations arising from the PID.

(59) Action may, but will not always, include a formal or informal investigation, conducted by QUT or on its behalf by an external investigator. In any formal investigation, the investigator will be suitably qualified, free from conflicts of interest and independent of the relevant area or function to which the PID relates.

(60) If a decision is made to investigate an allegation arising from a PID, this will be done with consideration for:

1. impartiality, fairness and reasonableness;
2. the subject officer’s right to procedural fairness and other interests;
3. confidentiality obligations; and
4. protections from reprisal.

(61) QUT will endeavour to investigate or take other action on a PID as expeditiously as possible, while also ensuring a proper and procedurally fair process.

Declining to act on a PID

(62) QUT might decide not to investigate or deal with a PID in the following circumstances or where otherwise permitted by law:

1. the substance of the PID has already been investigated or dealt with by another appropriate process;
2. QUT reasonably considers that the PID should be dealt with by another appropriate process;
3. the age of the information the subject of the PID makes it impracticable to investigate;
4. QUT reasonably considers that the PID is too trivial to warrant investigation and that dealing with the PID would substantially and unreasonably divert QUT’s resources from their use by QUT in the performance of its functions; or
5. another entity that has jurisdiction to investigate the PID has notified QUT that investigation of the PID is not warranted.

(63) If QUT decides not to investigate or deal with a PID, and the discloser is identifiable, QUT will give the discloser written reasons for that decision.

(64) If the discloser is dissatisfied with the decision, they may apply to the Vice-Chancellor and President for review of the decision within 28 days of receiving the written reasons for decision (contact details in Section 7 above).

(65) If the discloser is dissatisfied with the Vice-Chancellor and President's review decision, they may (subject to the jurisdictional limitations of the Office of the Queensland Ombudsman) seek an external review by making a complaint to the Office of the Queensland Ombudsman.

Section 12 - Action on wrongdoing

(66) If an allegation of wrongdoing raised in a PID is substantiated, QUT will take appropriate action in relation to that wrongdoing, as determined by QUT on a case-by-case basis.

Section 13 - Confidentiality

(67) All persons involved in the management, investigation and other response to a PID must maintain confidentiality of the PID, both while the matter is actively being dealt with and afterwards.

(68) QUT will, to the extent reasonably possible, maintain the confidentiality of a PID and the identity and personal details of the discloser and subject officer of a PID. QUT staff involved in a PID matter will reinforce the obligation of confidentiality clearly and often to protect the rights of disclosers, subject officers and others involved and minimise the prospect of reprisals. However, a discloser’s identity may be disclosed where required:

1. to ensure a subject officer is provided with procedural fairness;
2. to comply with a court order or other legal obligation; and/or
3. in court proceedings.

(69) It may be possible for a subject officer or others to deduce the identity of a discloser based on the circumstances of a PID, even where that information is withheld by the discloser or QUT.

(70) The confidentiality obligations in this policy and procedure as applicable to a PID supersede any inconsistent obligations that might apply to a disclosure, complaint or grievance (howsoever described) under another QUT policy or procedure.

Section 14 - Support for disclosers

(71) QUT will provide support to a discloser who makes a PID, including referring staff members to QUT’s Employee Assistance Program (see Counselling Services for Staff (QUT staff access only)) for any additional support they might require.

(72) QUT will assess the support needs of a discloser on a case-by-case basis.  Where appropriate, a PID Support Officer who is independent of any investigation or other action to deal with the PID will be assigned to the discloser. The PID Support Officer will assist the discloser to access information about PIDs, protections available under the Public Interest Disclosure Act 2010 and the PID management process.

(73) The PID Support Officer will proactively contact the discloser as required to offer support deemed reasonable and necessary by QUT until the matter is finalised. QUT’s support obligations require periodic and proactive contact with the discloser as well as “out of cycle” contact when significant events take place until the matter has resolved.

(74) At each stage of the process, managers and supervisors will keep detailed, accurate and timely records of the actions taken in their role. That might include, for example, file notes of telephone and in-person discussions, and copies of email correspondence.

(75) A discloser will not be immune from reasonable management action because they have made a PID, provided that reasonable management action is not taken because the discloser had made the PID.

Section 15 - Rights of subject officers

(76) QUT will provide officers who are the subject of a PID with information and support deemed reasonable and necessary by QUT until the matter is finalised, including referring them to QUT’s Employee Assistance Program (see Counselling Services for Staff (QUT staff access only)) for any additional support they might require.

Section 16 - Record-keeping

(77) In accordance with its obligations under the Public Interest Disclosure Act 2010 and the Public Records Act 2023, QUT will ensure that:

1. Any disclosure made under this policy and procedure (even where the disclosure is determined not to be a PID) is recorded, including the name and personal details of the discloser (if known), the information disclosed, the steps taken to manage it including any action taken on the disclosure, and any other information required by any standard issued by the Queensland Ombudsman from time to time.
2. Anonymised data is reported to the Office of the Queensland Ombudsman in their role as the oversight agency, through the PID reporting database and in accordance with any standard issued by the Queensland Ombudsman from time to time.

(78) Records about disclosures, investigations, and related decisions will be held securely in QUT’s corporate records system, and accessible only by appropriately authorised QUT staff and officers under highly restricted access controls.  

Section 17 - Disclosure to a journalist

(79) A PID that was made to QUT can also be disclosed to a journalist if QUT:

• decides not to investigate or deal with the PID;

• investigated the PID but did not recommend the taking of any action in relation to the disclosure; or
• failed to notify the discloser, within six months of making the PID, whether or not the disclosure was to be investigated or dealt with.

(80) A person who makes a disclosure to a journalist in these circumstances is protected under the Public Interest Disclosure Act 2010.  However, disclosers should be aware that journalists are not bound under the confidentiality provisions of the Public Interest Disclosure Act 2010.

Section 18 - Public Interest Disclosure oversight agency

(81) The Office of the Queensland Ombudsman is the oversight agency for the Public Interest Disclosure Act 2010. The Queensland Ombudsman investigates complaints about the actions and decisions of public sector entities including universities.

(82) A discloser who is dissatisfied with the outcome of a public interest disclosure (PID) investigation by QUT may choose to approach the Office of the Queensland Ombudsman.

Section 19 - Commonwealth whistleblower protections

(83) Certain disclosures may be protected under Commonwealth whistleblower laws such as those in the Corporations Act 2001 and/or the Taxation Administration Act 1953. QUT will assess and manage disclosures made pursuant to those protections in accordance with the requirements of those laws.

Section 20 - Delegations

(84) Refer to Register of Authorities and Delegations (VC003) (QUT staff access only).

Section 21 - Definitions