Where there is a suggestion that public officials have engaged in corrupt or improper conduct it is vital that those who observe or suspect such behaviour speak up and report the alleged misconduct. The Protected Disclosure Act 2012 (PDA) is the Victorian ‘whistleblower’ legislation and encourages people to come forward and provide information by offering legal protection.

An allegation made under the PDA is known as a "disclosure".  The PDA provides protection from detrimental action to any person affected by a protected disclosure whether it is a person who makes a disclosure, a witness, or a person who is the subject of an investigation.

The Judicial Commission can receive a protected disclosure about a judicial officer or a non-judicial VCAT member.

If you wish to make a protected disclosure to the Judicial Commission you should contact the Judicial Commission and indicate that you want the information you provide treated as a protected disclosure. If the Judicial Commission considers that a disclosure may meet the requirements of a protected disclosure under the PDA, it must refer the disclosure to the Independent Broad-based Anti-corruption Commission (IBAC). If IBAC determines the disclosure is a protected disclosure, IBAC may investigate the disclosure or may refer it back to the Judicial Commission for investigation.

More information about the requirements that must be met for a disclosure to be a protected disclosure, the protections provided by the PDA and the Judicial Commission’s process for dealing with protected disclosures can be found in the Judicial Commission of Victoria Procedures for Making and Handling Protected Disclosures.

Author
Judicial Commission of Victoria
Publisher
Judicial Commission of Victoria
Date of Publication