Ombudsman SA can receive information in confidence from a person wishing to inform about possible improper or illegal actions under the Whistleblowers Protection Act.
Protections are available under certain conditions where:
- the person complaining reasonably believes that the information is true or may be true
- the information meets the definition of “public interest information” and
- the information is disclosed to an appropriate authority.
The person making the disclosure does not have to specifically claim protection for the Act to apply. We will assess the information and decide on appropriate action. However, the Act does not give the Ombudsman any additional authority to investigate matters.
We can commence an investigation if the information reveals an action within the Ombudsman’s jurisdiction, or we may refer the information to another agency for investigation.
If a person believes that they have made a disclosure under the Whistleblowers Protection Act, and they have been victimised as a result of that disclosure, this victimisation can be addressed, either through the Commissioner for Equal Opportunity http://www.eoc.sa.gov.au/ or the District Court.
If you would like to discuss the Whistleblowers Protection Act further in relation to your situation please contact us.