(a) Making disclosures;
(b) Dealing with disclosures; and
(c) Providing appropriate protections for those who make disclosures.
(a) Accountability and transparency in our administrative and management practices
(b) The appointment of Responsible Officers for the purposes of the Act with their contact details made available to everyone in the business
(c) Documented procedures that are made available on our website for:
(d) Adequate protections for Informants who make appropriate public interest disclosures to a relevant authority
(e) Adequate and timely receipt, assessment and notification of appropriate disclosures of public interest information to SA Water
(f) Adequate and efficient consideration and action in relation to information provided in a public interest disclosure
(g) Facilitating the investigation of appropriate disclosures that promotes fair and objective treatment for all persons involved
(h) Rectifying any substantiated wrongdoing to the extent that is reasonably practicable
(i) Referring, as necessary, appropriate disclosures to another relevant authority
(j) Where the disclosure relates to corruption, or serious or systemic misconduct or maladministration in public administration, reporting the Disclosure directly to the Office for Public Integrity (OPI) in accordance with the Guidelines and the requirements of the Independent Commissioner Against Corruption Act 2012 (ICAC Act).
(a) Fulfils its responsibilities under the Act and the ICAC Act
(b) Provides guidance on how individuals can ensure they comply with the Act and the ICAC Act (and ICAC Directions and Guidelines)
(c) Facilitates disclosures of public Interest information
(d) Provides a process by which disclosures may be made so that they are properly investigated
(e) Provides guidance on the criteria to be considered by the person who receives a disclosure (recipient) when undertaking a risk assessment
(f) Provides appropriate protection for those who make disclosures in accordance with the Act:
(g) Provides appropriate support to Informants, recipients, Responsible Officers and, as appropriate, public officers who are affected by appropriate disclosures
(h) Updates Informants as to action taken in respect of a disclosure
(i) Provides guidance on who in SA Water can be contacted if an Informant believes that his or her disclosure is not being dealt with appropriately.
(a) Environmental and health information – that raises a potential issue of a substantial risk to the environment or to the health or safety of the public generally or a significant section of the public
(b) Public administration information –that raises a potential issue of corruption, misconduct or maladministration in public administration (whether occurring before or after the commencement of the Act).
(a) by a member of the public or a Public Officer about environmental and health information which the Informant reasonably believes to be true or which the Informant believes may be true and is of sufficient significance to warrant disclosure
(b) by a Public Officer with a reasonable suspicion about public administration information.
(a) The recipient believes on reasonable grounds that it is necessary to divulge the identity of the Informant in order to prevent or minimise an imminent risk of serious physical injury or death to any person, and the identity of the Informant is then divulged to a person or authority that the recipient believes on reasonable grounds is the most appropriate authority or person to be able to take action to prevent or minimise the imminent risk of serious physical injury or death to any person
(b) The recipient has been issued with a notice from the OPI advising that the identity of the Informant is required by the OPI, in which case the recipient must disclose the identity of the Informant to the OPI
(c) Doing so is necessary for the matter to be properly investigated (but only to the extent necessary to ensure proper investigation) or
(d) The Informant consents to his/her identity being disclosed.
(a) Discuss with the Informant how they wish to be contacted, if their identity is known. This should be mutually agreed and it is good practice for this to be documented
(b) Take notes of the conversation with the informant where a disclosure is made by telephone
(c) Ask the Informant whether they consent to the details of their identity being provided to other persons as required (e.g. Responsible Officer, Investigator, legal advisor) and advise the Informant that a failure to provide consent could lead to the disclosure not being properly investigated
(d) Inform a Responsible Officer of the disclosure (without divulging the identity of the informant unless consent has been obtained from the informant) so that the Responsible Officer can maintain a centralised repository of all disclosures
(e) Seek advice from a Responsible Officer as and when required
(f) Immediately undertake a Preliminary Assessment
(g) As soon as practicable:
(a) Ensure all information relating to an appropriate disclosure is maintained as confidential and as such, will be responsible for the secure storage of this information
(b) Maintain a confidential file of information (including notes of all discussions, phone calls, interviews and hardcopy and electronic documents) that relate to a disclosure and/or associated investigation/reporting process
(c) Record in a register all such information which is to remain confidential and be securely stored
(d) Inform any Investigator who is appointed in relation to any Investigation that the security and confidentiality obligations also apply to them.
(a) Provide all necessary information to the newly appointed Responsible Officer In the event that a person’s appointment as a Responsible Officer is terminated
(b) Continue to be bound by a duty of confidentiality in respect of an Informant's identity and the information received as a result of the disclosure, in the event that a person’s appointment as a Responsible Officer is terminated.
(a) Only public officers are eligible for the protections provided by the Act when they make an appropriate disclosure of public administration information
(b) However, anyone is eligible for the protections provided by the Act if they make an appropriate disclosure of environmental and health information
(a) immunity from criminal or civil liability
(b) a prohibition on disclosure of his/her identity, other than in limited specific circumstances
(c) a prohibition against victimisation and
(d) a prohibition against hindering, obstructing or preventing an Informant from making an appropriate disclosure.
(b) Set out in SA Water Ethical Standards Procedure
(c) Set out in this Procedure and/or referring the matter to the SA Police
(d) Disciplinary action for any failure to act otherwise than in accordance with this Procedure (including with respect to divulging the identity of an Informant) in relation to a disclosure.
Preventing or hindering Disclosure
(a) Ensuring that one or more officers or employees of SA Water are designated as Responsible Officers of SA Water for the purposes of the Act who meet the prescribed qualifications and undertake any training as specified by the Public Interest Disclosure Regulations
(b) Ensuring that the name and contact details of each Responsible Officer of SA Water are made available to officers and employees of SA Water
(c) Preparing and maintaining this Procedure in accordance with the requirements of the Act and the Public Interest Disclosure Guidelines.
(a) Receive appropriate disclosures relating to SA Water, and ensure compliance with the Act, and this Procedure, in relation to any such disclosures
(b) Make appropriate recommendations to the Principal Officer of SA Water in relation to dealing with disclosures, including any suggested changes to this Procedure
(c) Provide advice to officers and employees of SA Water in relation to the administration of the Act
(d) Complete any training courses / maintain qualifications as required by the Independent Commissioner Against Corruption and/or the Public Interest Disclosure Regulations
(e) May carry out any other functions relating to the Act.
10. Legislation and References
12. Performance Indicator(s)
The success of this procedure can be measured by: Compliance with the Act.
A downloadable PDF (196kb) version of this document is available here.