{"id":"public-interest-disclosure-act-2018","name":"Public Interest Disclosure Act 2018","slug":"public-interest-disclosure-act-2018","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106441,"registerId":"sa-public-interest-disclosure-act-2018-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Interest Disclosure Act 2018","content":"South Australia\nPublic Interest Disclosure Act 2018\nAn Act to encourage and facilitate disclosures of certain information in the public interest by ensuring that proper procedures are in place for making and dealing with such disclosures and by providing protection for persons making such disclosures; and for other purposes.\n\nContents\n1\tShort title\n3\tObjects\n4\tInterpretation\n5\tImmunity for appropriate disclosure of public interest information\n6\tDisclosure to journalist or member of Parliament\n7\tDuty to act in relation to appropriate disclosure\n8\tIdentity of informant to be kept confidential\n9\tVictimisation\n10\tFalse or misleading disclosures\n11\tPreventing or hindering disclosure\n12\tDuties of principal officers\n13\tDuties of responsible officers\n14\tGuidelines\n15\tNon-derogation\n16\tRegulations\nSchedule 1—Transitional provisions\nPart 3—Transitional provisions\n5\tDisclosures under repealed Act\n6\tDesignation of responsible officers\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Public Interest Disclosure Act 2018.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto encourage and facilitate the disclosure, in the public interest, of information about substantial risks to public health or safety, or to the environment, and about corruption, misconduct and maladministration in public administration—\n\t(i)\tby ensuring that proper procedures are in place for the making of such disclosures and for dealing with such disclosures; and\n\t(ii)\tby providing appropriate protections for those who make such disclosures; and\n\t(b)\tto ensure that there is appropriate oversight of public interest disclosures about corruption, misconduct and maladministration in public administration.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nappropriate disclosure—\n\t(a)\tin relation to environmental and health information—see section 5(3); and\n\t(b)\tin relation to public administration information—see section 5(4); and\n\t(c)\tin any case—see section 6;\nCommission means the Independent Commission Against Corruption established under the Independent Commission Against Corruption Act 2012;\nCommissioner means the person holding or acting in the office of the Independent Commissioner Against Corruption;\ncorruption in public administration has the same meaning as in the Independent Commission Against Corruption Act 2012;\nenvironmental and health information means 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 (whether occurring before or after the commencement of this Act);\ninformant means a person who makes an appropriate disclosure of public interest information;\njournalist means a person engaged in the profession or occupation of journalism in connection with the publication of information in a news medium;\njudicial officer has the same meaning as in the Judicial Conduct Commissioner Act 2015;\nliability includes a liability to disciplinary action;\nmaladministration in public administration has the same meaning as in the Ombudsman Act 1972;\nmisconduct in public administration has the same meaning as in the Ombudsman Act 1972;\nnews medium means a medium for the dissemination to the public or a section of the public of news and observations on news;\nOPI means the Office for Public Integrity established under the Independent Commission Against Corruption Act 2012;\nprincipal officer of a public sector agency or of a council means—\n\t(a)\tin the case of a public sector agency—\n\t(i)\tif the agency consists of an unincorporated board or committee—the presiding officer; or\n\t(ii)\tin any other case—\n\t(A)\tthe chief executive officer of the agency; or\n\t(B)\tif there is no chief executive officer of the agency—a person designated as principal officer of the agency for the purposes of this definition by the responsible Minister for the public sector agency; and\n\t(b)\tin the case of a council—the chief executive officer of the council;\npublic administration has the same meaning as in the Independent Commission Against Corruption Act 2012 and the Ombudsman Act 1972;\npublic administration information means information that raises a potential issue of corruption, misconduct or maladministration in public administration (whether occurring before or after the commencement of this Act);\npublic interest information means—\n\t(a)\tenvironmental and health information; or\n\t(b)\tpublic administration information;\npublic officer has the same meaning as in the Independent Commission Against Corruption Act 2012;\npublic sector agency has the same meaning as in the Public Sector Act 2009;\npublic sector employee has the same meaning as in the Public Sector Act 2009;\nrelevant authority—see section 5(5);\nresponsible Minister in relation to a public sector agency means the Minister responsible for administration of the agency or the legislative instrument under which it is established and, if there is no such Minister, a Minister designated by the regulations as the responsible Minister or, in the absence of such a designation, the Minister responsible for the administration of this Act;\nresponsible officer means a person designated as a responsible officer under section 12.\n5—Immunity for appropriate disclosure of public interest information\n\t(1)\tIf—\n\t(a)\ta person makes an appropriate disclosure of environmental and health information; or\n\t(b)\ta public officer makes an appropriate disclosure of public administration information,\nthe person is not subject to any liability as a result of that disclosure.\n\t(2)\tThis section has effect despite any duty of secrecy or confidentiality or any other restriction on disclosure (whether or not imposed by an Act) applicable to the person.\n\t(3)\tA person makes an appropriate disclosure of environmental and health information for the purposes of this Act if the disclosure is made to a relevant authority and the person—\n\t(a)\tbelieves on reasonable grounds that the information is true; or\n\t(b)\tis not in a position to form a belief on reasonable grounds about the truth of the information but believes on reasonable grounds that the information may be true and is of sufficient significance to justify its disclosure so that its truth may be investigated.\n\t(4)\tA public officer makes an appropriate disclosure of public administration information for the purposes of this Act if the disclosure is made to a relevant authority and the public officer reasonably suspects that the information raises a potential issue of corruption, misconduct or maladministration in public administration.\n\t(5)\tA disclosure of public interest information is made to a relevant authority if it is made to—\n\t(a)\twhere the information relates to a public officer—\n\t(i)\ta person who is, in accordance with any guidelines prepared under section 14, designated as a person who is taken to be responsible for the management or supervision of the public officer or to the relevant responsible officer; or\n\t(ii)\ta person who is, in fact, responsible for the management or supervision of the public officer or to the relevant responsible officer; or\n\t(b)\twhere the information relates to a public sector agency or public sector employee—\n\t(i)\tthe Commissioner for Public Sector Employment; or\n\t(ii)\tthe responsible officer for the relevant public sector agency; or\n\t(c)\twhere the information relates to an agency to which the Ombudsman Act 1972 applies—the Ombudsman; or\n\t(d)\twhere the information relates to a location within the area of a particular council established under the Local Government Act 1999—a member, officer or employee of that council; or\n\t(e)\twhere the information relates to a risk to the environment—the Environment Protection Authority; or\n\t(f)\twhere the information relates to an irregular and unauthorised use of public money or substantial mismanagement of public resources—the Auditor-General; or\n\t(g)\twhere the information relates to the commission, or suspected commission, of any offence—a member of the police force; or\n\t(h)\twhere the information relates to a judicial officer—the Judicial Conduct Commissioner; or\n\t(i)\twhere the information relates to a member of Parliament—the Presiding Officer of the House of Parliament to which the member belongs; or\n\t(j)\twhere the information relates to a person or a matter of a prescribed class—an authority declared by the regulations to be a relevant authority in relation to such information; or\n\t(k)\ta Minister of the Crown; or\n\t(l)\tOPI; or\n\t(m)\tany other prescribed person or person of a prescribed class.\n6—Disclosure to journalist or member of Parliament\nA person makes an appropriate disclosure of public interest information for the purposes of this Act (other than section 7) if—\n\t(a)\tthe person discloses the information to a journalist or a member of Parliament other than a Minister of the Crown; and\n\t(b)\tthe person—\n\t(i)\thas already made an appropriate disclosure of substantially the same information in accordance with section 5; and\n\t(ii)\tmade their identity known to the person to whom that disclosure was made; and\n\t(iii)\teither—\n\t(A)\thas not received notification in accordance with section 7(1)(b) within 30 days after making that disclosure; or\n\t(B)\thas not received notification in accordance with section 7(3)(a) within 90 days after making that disclosure (or such longer period as may be specified by written notice given, within that period of 90 days, by the person required to give such notification); and\n\t(iv)\tbelieves on reasonable grounds that the information is true.\n7—Duty to act in relation to appropriate disclosure\n\t(1)\tA person to whom an appropriate disclosure of public interest information is made must assess the information as soon as practicable after the disclosure is made and, following such assessment—\n\t(a)\tmust (unless subsection (2) applies) take action in relation to the information in accordance with any applicable guidelines prepared under section 14 or, if no applicable guidelines exist, take such action as is appropriate in the circumstances; and\n\t(b)\tmust take reasonable steps to notify the informant (if the informant's identity is known) that an assessment of the information has been made and to advise the informant—\n\t(i)\tof the action being taken in relation to the information; or\n\t(ii)\tif, in accordance with subsection (2), no action is being taken in relation to the information—of the reasons why no action is being taken in relation to the information; and\n\t(c)\tmust provide OPI with information relating to the disclosure in accordance with any applicable guidelines prepared under section 14.\n\t(2)\tNo action need be taken in relation to an appropriate disclosure of public interest information if—\n\t(a)\tthe information disclosed does not justify the taking of further action; or\n\t(b)\tthe information disclosed relates to a matter that has already been investigated or acted upon by a relevant authority and there is no reason to re‑examine the matter or there is other good reason why no action should be taken in respect of the matter.\n\t(3)\tA person who takes action referred to in subsection (1)(a) in relation to public interest information or, if such action consists of referring the disclosure of public interest information to another person, the person to whom it is referred—\n\t(a)\tmust take reasonable steps to notify the informant (if the informant's identity is known) of the outcome of that action; and\n\t(b)\tmust provide OPI with information relating to the outcome of that action in accordance with any applicable guidelines prepared under section 14.\n\t(4)\tSubject to subsection (5), this section does not apply where an appropriate disclosure of public interest information is made to a journalist or a member of Parliament.\n\t(5)\tIf an appropriate disclosure of public interest information is made to a Minister of the Crown, the following provisions apply:\n\t(a)\tthe Minister must, as soon as practicable, refer the disclosure to a relevant authority; and\n\t(b)\tthe relevant authority—\n\t(i)\tmust deal with the information in accordance with this section (as if the disclosure had been made to the relevant authority); and\n\t(ii)\tmust ensure that the Minister is notified of the action taken under this section in relation to the information and the outcome of such action.\n8—Identity of informant to be kept confidential\n\t(1)\tA person to whom an appropriate disclosure of public interest information is made, or a person to whom such a disclosure is referred or who otherwise knows that such a disclosure has been made, must not, without the consent of the informant, knowingly divulge the identity of the informant except—\n\t(a)\tso far as may be necessary to ensure that the matters to which the information relates are properly investigated; or\n\t(b)\tin accordance with any applicable guidelines prepared under section 14.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tThe obligation to maintain confidentiality imposed by this section applies despite any other statutory provision, or a common law rule, to the contrary.\n9—Victimisation\n\t(1)\tA person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has made or intends to make an appropriate disclosure of public interest information commits an act of victimisation.\n\t(2)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(3)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner for Equal Opportunity is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner for Equal Opportunity may decline to act on the complaint or to proceed further with action on the complaint.\n\t(4)\tIn proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.\n\t(5)\tA person who personally commits an act of victimisation under this Act is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(6)\tProceedings for an offence against subsection (5) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.\n\t(7)\tIn this section—\ndetriment includes—\n\t(a)\tloss or damage (including damage to reputation); or\n\t(b)\tinjury or harm (including psychological harm); or\n\t(c)\tintimidation or harassment; or\n\t(d)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; or\n\t(e)\tthreats of reprisal.\n\t(8)\tFor the purposes of this section, a threat of reprisal may be—\n\t(a)\texpress or implied; or\n\t(b)\tconditional or unconditional,\nand in any proceedings dealing with an act of victimisation (including proceedings for an offence against subsection (5)) it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n10—False or misleading disclosures\n\t(1)\tA person must not make a disclosure of public interest information knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular).\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tA person who makes a disclosure of public interest information in contravention of subsection (1) is not protected by this Act.\n11—Preventing or hindering disclosure\nA person must not—\n\t(a)\tprevent another person from making an appropriate disclosure of public interest information under this Act; or\n\t(b)\thinder or obstruct another person in making such a disclosure.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n12—Duties of principal officers\n\t(1)\tThe principal officer of a public sector agency or council must ensure that 1 or more officers or employees of the agency or council are designated as responsible officers of the agency or council for the purposes of this Act.\n\t(2)\tThe regulations may prescribe qualifications for persons designated as responsible officers for the purposes of this Act.\n\t(3)\tThe principal officer of a public sector agency or council must ensure that the name and contact details of each responsible officer of the agency or council are made available to officers and employees of the agency or council.\n\t(4)\tThe principal officer of a public sector agency or council must ensure that a document setting out procedures—\n\t(a)\tfor a person who wants to make an appropriate disclosure of public interest information to the agency or council; and\n\t(b)\tfor officers and employees of the agency or council dealing with such a disclosure,\nis prepared and maintained in accordance with any applicable guidelines prepared under section 14.\n\t(5)\tThe document required under subsection (4) must—\n\t(a)\twithout limiting that subsection, include—\n\t(i)\tclear obligations on the public sector agency or council and its officers and employees to take action to protect informants; and\n\t(ii)\trisk management steps for assessing and minimising—\n\t(A)\tdetrimental action against people because of public interest disclosures; and\n\t(B)\tdetriment to people against whom allegations are made in a disclosure; and\n\t(b)\tbe made available free of charge on the Internet, and—\n\t(i)\tin the case of a public sector agency—at premises determined by the responsible Minister; or\n\t(ii)\tin the case of a council—at the principal office of the council,\nfor inspection by members of the public.\n\t(6)\tThis section does not apply to—\n\t(a)\ta public sector agency consisting only of a single person; or\n\t(b)\ta public sector agency or council that has been granted an exemption, in writing, by the Commission.\n13—Duties of responsible officers\nA person designated as a responsible officer of a public sector agency or council for the purposes of this Act must—\n\t(a)\treceive appropriate disclosures of public interest information relating to the agency or council and ensure compliance with this Act in relation to such disclosures; and\n\t(b)\tmake appropriate recommendations to the principal officer of the agency or council in relation to dealing with such disclosures; and\n\t(c)\tprovide advice to officers and employees of the agency or council in relation to the administration of this Act,\nand may carry out any other functions relating to this Act.\n14—Guidelines\n\t(1)\tThe Commission may publish guidelines for the purposes of this Act.\n\t(2)\tThe guidelines must be made available free of charge on the Internet, and at premises determined by the Commissioner, for inspection by members of the public.\n15—Non-derogation\nThis Act is in addition to, and does not derogate from, any privilege, protection or immunity existing apart from this Act under which information may be disclosed without civil or criminal liability.\n16—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe fines (not exceeding $5 000) for offences against the regulations; and\n\t(b)\tbe of general application or vary in their application according to prescribed factors; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or another specified person.\nSchedule 1—Transitional provisions\nPart 3—Transitional provisions\n5—Disclosures under repealed Act\nThis Act (other than section 7) applies to an appropriate disclosure of public interest information under section 5 of the Whistleblowers Protection Act 1993 as if it were an appropriate disclosure of public interest information under section 5 of this Act.\n6—Designation of responsible officers\nThe principal officer of a public sector agency or council in existence at the commencement of this Act must ensure that section 12 is complied with within 3 months after that commencement.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Public Interest Disclosure Act 2018 repealed the following:\nWhistleblowers Protection Act 1993\nLegislation amended by principal Act\nThe Public Interest Disclosure Act 2018 amended the following:\nLocal Government Act 1999\nPublic Sector Act 2009\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2018\n26\nPublic Interest Disclosure Act 2018 \n15.11.2018\n1.7.2019 (Gazette 18.4.2019 p1070)\n2019\n21\nStatutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 10 (s 17)—19.9.2019: s 2(5)\n2021\n38\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\n7.10.2021\nSch 1 (cll 52 to 54 & 76)—7.10.2021: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n19.9.2019\ns 2\nomitted under Legislation Revision and Publication Act 2002\n19.9.2019\ns 4\n\n\nCommission\ninserted by 38/2021 Sch 1 cl 52(1)\n7.10.2021\ncorruption in public administration\namended by 38/2021 Sch 1 cl 52(2)\n7.10.2021\nmaladministration in public administration\namended by 38/2021 Sch 1 cl 52(3)\n7.10.2021\nmisconduct in public administration\namended by 38/2021 Sch 1 cl 52(4)\n7.10.2021\npublic administration\namended by 38/2021 Sch 1 cl 52(5)\n7.10.2021\npublic officer\namended by 38/2021 Sch 1 cl 52(6)\n7.10.2021\ns 12\n\n\ns 12(4)\namended by 21/2019 s 17(1)—(3)\n19.9.2019\ns 12(5)\namended by 21/2019 s 17(4), (5)\n19.9.2019\ns 12(6)\namended by 21/2019 s 17(6)\n19.9.2019\n\namended by 38/2021 Sch 1 cl 53\n7.10.2021\ns 14\n\n\ns 14(1)\namended by 38/2021 Sch 1 cl 54\n7.10.2021\nSch 1\n\n\nPts 1 and 2\nomitted under Legislation Revision and Publication Act 2002\n19.9.2019\nTransitional etc provisions associated with Act or amendments\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nHistorical versions\n19.9.2019\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act replaces the earlier Whistleblowers Protection Act 1993 (Schedule 1) and sets out a defined scheme focused on two categories of \"public interest information\"—environmental/health risks and public administration information (s 3; s 4). The Act specifies new procedural duties for agencies (designation of responsible officers, public procedures and reporting to OPI) (s 12; s 13), narrows and formalises disclosure recipients by subject matter (s 5(5)), and introduces structured limits on disclosure to journalists (s 6). Those changes indicate a redefined scope compared with the repealed regime by recasting which disclosures qualify for immunity, where disclosures must go, and what institutional arrangements agencies must put in place (Schedule 1; ss 5–7; ss 12–14)."},"complexity_factors":["Multiple defined terms and scope distinctions (environmental/health information vs public administration information) requiring different tests for \"appropriate disclosure\" (s 4; s 5(3)–(4))","Layered recipient rules linking subject matter to particular authorities (s 5(5))","Procedural obligations on recipients (assessment, notification, reporting to OPI) with exceptions and timeframes (s 7; s 6)","Criminal and civil remedies alongside administrative duties and tort/EOC complaint options (ss 9–11)","Significant reliance on external instruments: Commission guidelines and Governor’s regulations, including delegations of discretion (s 14; s 16)","Obligations placed on public sector agencies (designation, publication, procedures) that create operational compliance burdens (s 12)","Penalties attached to multiple contraventions, some with restricted prosecution initiation (s 8(1); s 9(5)–(6); s 10; s 11)","Transitional provisions linking prior whistleblower disclosures to the new scheme and time‑limited compliance steps (Schedule 1, cl 5–6)"],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a legal framework for people to disclose \"public interest information\" about substantial risks to public health or safety or the environment, and about corruption, misconduct or maladministration in public administration (s 3; definitions in s 4).\n- Confers immunity from civil or criminal liability for people who make \"appropriate disclosures\" to specified authorities (s 5). Immunity overrides duties of secrecy or confidentiality where the disclosure meets the statutory tests (s 5(1)–(2), (3)–(4)).\n- Sets out who counts as a proper recipient (a \"relevant authority\") depending on the subject matter (for example, responsible officers, OPI, Ombudsman, EPA, Auditor‑General, police or a Minister) (s 5(5)).\n- Allows a person to disclose to a journalist or non‑Minister member of Parliament only if strict preconditions are met: the same information has been disclosed first to a relevant authority, the informant revealed their identity to that authority, the statutory waiting periods have passed without required notification, and the informant reasonably believes the information is true (s 6).\n- Requires a person who receives an appropriate disclosure to assess it promptly, take action in line with applicable guidelines or as appropriate, notify the informant of assessment/action/outcome (if the informant’s identity is known), and provide OPI with information in accordance with guidelines (s 7).\n- Imposes a confidentiality duty on recipients and anyone who otherwise knows a disclosure was made; the informant’s identity must not be divulged without consent except insofar as necessary for a proper investigation or as permitted by guidelines (s 8). Breach carries criminal and monetary penalties (s 8(1)).\n- Makes victimisation (causing detriment because someone has made or intends to make an appropriate disclosure) an act that can give rise to a tort action or an Equal Opportunity Act complaint, and also creates a criminal offence for deliberately committing victimisation (s 9). Defences and limits on proceedings are specified (s 9(2)–(6)).\n- Prohibits knowingly making false or materially misleading disclosures (s 10) and prohibits preventing or hindering disclosures (s 11); penalties apply (s 10, s 11).\n- Places administrative duties on public sector principal officers and councils to designate one or more \"responsible officers,\" publish contact details, and prepare and make public procedures for making and dealing with disclosures (including protections for informants and risk‑management steps) (s 12(1)–(5)). Exemptions apply in narrow circumstances (s 12(6)).\n- Prescribes functions for responsible officers (receive disclosures, ensure compliance, advise and make recommendations) (s 13).\n- Authorises the Independent Commission Against Corruption (the Commission/Commissioner) to publish guidelines to support the Act; guidelines must be publicly available (s 14).\n- Gives the Governor power to make regulations, including delegations of discretion to the Commissioner or another specified person (s 16).\n- Includes transitional arrangements to carry across disclosures made under the repealed Whistleblowers Protection Act 1993 and to require existing agencies to comply with the designation duty within 3 months of commencement (Schedule 1, cl 5–6).\n\nWho is affected\n\n- Informants: individuals (including public officers) who believe they have credible information about environmental/health risks or corruption/misconduct in public administration — they gain immunity when they make an \"appropriate disclosure\" to an authorised recipient (s 5).\n- Public sector agencies, councils and their principal officers: required to appoint responsible officers, prepare and publish procedures, make contact details available, and take steps to protect informants (s 12(1)–(5)). These duties create administrative and compliance costs for those agencies.\n- Responsible officers and recipients of disclosures: must assess disclosures promptly, act under guidelines, notify informants and provide information to the Office for Public Integrity (OPI) (s 7, s 13).\n- Journalists and members of Parliament: may receive disclosures only after statutory preconditions are met; disclosure to journalists is a limited exception with procedural safeguards (s 6).\n- People accused in disclosures: the Act requires steps to manage risk to people who are the subject of allegations (s 12(5)(a)(ii)).\n- Law enforcement, oversight bodies and independent integrity bodies (OPI, Ombudsman, Auditor‑General, Judicial Conduct Commissioner, police and the Commission): recipients of certain kinds of disclosures and users of information supplied under the Act (s 5(5), s 7(1)(c), s 14).\n\nWhy this matters (stated purpose and factual tests against costs, incentives and trade‑offs)\n\n- Stated purpose: the Act aims to encourage disclosures in the public interest by ensuring proper procedures and protections are in place and by providing oversight for disclosures about public administration (s 3). That stated purpose is implemented by legal immunities, confidentiality duties, mechanisms for assessment and notification, and penalties for victimisation and false disclosures (s 3; ss 5–11).\n\n- Incentives created: immunity from liability for appropriate disclosures (s 5) and criminal/ civil sanctions against victimisation (s 9) increase the legal protection for informants and reduce the legal risk of speaking up. At the same time, criminal penalties for false disclosures (s 10) and for breaches of confidentiality (s 8) create deterrents against misuse and unauthorised leaks.\n\n- Who pays and compliance burden: public sector agencies and councils bear the direct compliance costs of designating responsible officers, publishing procedures and contact details, running training and protective measures, and reporting to OPI (s 12(1)–(5); s 13). The Commission must publish guidelines and make them publicly available (s 14), and the Governor/Regulations can impose subsidiary duties or fines (s 16).\n\n- Bureaucratic discretion and implementation risk: the Commission’s power to publish guidelines (s 14) and the regulation‑making power (including delegations of discretion under s 16(2)(c)) mean significant detail will be addressed outside the Act itself. That concentrates practical decision‑making in administrative instruments and in the Commission’s and Commissioner’s hands, and creates an implementation dependency on the content and clarity of those guidelines and regulations.\n\n- Trade‑offs and opportunity costs: the Act balances wider access to disclosure channels (including limited journalist exceptions under conditions, s 6) with limits to confidentiality releases and penalties for false disclosures (ss 8, 10). Agencies must invest time and resources to comply with procedural and publication requirements (s 12(4)–(5)); those resources are diverted from other tasks.\n\n- Effects on private enterprise and independent actors: the statutory duties and protections largely address public sector actors (definitions and recipient list in s 4 and s 5(5)). Private businesses are not primary subjects of the Act, but may be affected where a disclosure alleges their involvement in public administration matters, environmental/health risks or offences—the Act channels such disclosures to police, OPI, Auditor‑General or other relevant authorities (s 5(5)(f)–(g), (l)).\n\n- Enforcement realities: several offences carry maximum fines and imprisonment (e.g. confidentiality breach, false disclosure, preventing disclosure, victimisation—ss 8, 9(5), 10, 11). Some prosecutions (victimisation offence in s 9(5)) may only be commenced by police or by persons approved by senior prosecuting authorities (s 9(6)), which places gatekeepers on criminal enforcement.\n\nPractical points for users and administrators\n\n- To get immunity, an informant must make an \"appropriate disclosure\" to a listed relevant authority and satisfy the statutory belief or suspicion tests (s 5(3)–(4), s 5(5)).\n- Disclosing directly to a journalist is only available after first using the internal/official channels and after waiting periods or lack of notification (s 6).\n- Agencies should prepare public, internet‑available procedures that include obligations to protect informants and steps to manage risk to both informants and people accused (s 12(4)–(5)).\n- Responsible officers must be trained to receive disclosures, make recommendations and liaise with OPI (s 13).\n\nSource citations: sections cited throughout correspond to the Public Interest Disclosure Act 2018 as set out in the supplied text."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of protecting whistleblowers who disclose public interest information regarding public administration, public health/safety, and environmental risks. While it replaced the Whistleblowers Protection Act 1993, the scope has not significantly expanded beyond encouraging and facilitating protected disclosures and providing safeguards for informants. The 2021 amendments were technical updates to align definitions with the ICAC Act, not substantive expansions of scope."},"complexity_factors":["Multiple overlapping definitions importing meanings from other Acts (ICAC Act 2012, Ombudsman Act 1972, Public Sector Act 2009, Judicial Conduct Commissioner Act 2015)","Bifurcated test for 'appropriate disclosure' with different standards for environmental/health information (reasonable belief of truth) versus public administration information (reasonable suspicion of corruption/misconduct)","Complex conditional logic for external disclosure to journalists/MPs requiring sequential steps, time delays (30/90 days), and identity disclosure prerequisites","13 different categories of 'relevant authority' in section 5(5) with specific jurisdictional triggers","Nested exceptions in section 7(2) for when no action need be taken","Dual remedial pathways for victimisation (tort or Equal Opportunity Act 1984) with election of remedies and Commissioner discretion provisions","Defence provisions for employers in victimisation proceedings (section 9(4))","Specific restrictions on who can commence victimisation prosecutions (section 9(6))","Transitional provisions preserving disclosures made under repealed legislation","Regulation-making powers allowing prescription of additional authorities and classes of persons"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **whistleblower protection law**. It creates a safe, legal pathway for people to report serious wrongdoing in government without fear of punishment.\n\n**Who it protects:**\n- **Public officers** (government employees) who report corruption, misconduct, or maladministration (bad management) in public administration\n- **Anyone** who reports substantial risks to public health, safety, or the environment\n\n**What protections it offers:**\n- **Immunity from liability**: You can't be sued, prosecuted, or disciplined for making an \"appropriate disclosure\" (a report that follows the rules)\n- **Confidentiality**: Your identity must be kept secret (up to $20,000 fine or 2 years jail for revealing it)\n- **Protection from victimisation**: It's illegal to punish, harass, or discriminate against someone for blowing the whistle (up to $20,000 fine or 2 years jail)\n\n**How to make a protected disclosure:**\nYou must report to a **\"relevant authority\"** — this includes:\n- Your manager or a designated \"responsible officer\"\n- The Independent Commission Against Corruption (ICAC) or Office for Public Integrity (OPI)\n- The Ombudsman, Auditor-General, or Environment Protection Authority (depending on the issue)\n- Police (for criminal matters)\n- A Minister or Member of Parliament\n\n**External disclosure (going to the media):**\nYou can go to a journalist or MP **only if**:\n- You've already reported internally and waited 30 days with no response, OR\n- You've waited 90 days with no outcome notification\n- You must also have made your identity known in the original report\n\n**What happens to your report:**\nThe person who receives it must assess it and take appropriate action, then notify you of the outcome. They must also report statistics to OPI.\n\n**Key offences:**\n- Making false or misleading disclosures ($20,000 fine or 2 years jail)\n- Preventing someone from making a disclosure\n- Revealing a whistleblower's identity\n- Victimising a whistleblower\n\n**Why it matters:**\nThis law tries to balance two things: encouraging people to speak up about serious public problems, while ensuring reports are handled properly rather than just leaked to the media. It replaced the older *Whistleblowers Protection Act 1993* and strengthens protections for those who expose government wrongdoing."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the legislative text was not retrievable due to a broken URL following the SA Legislation website restructure in March 2026. No comparison between original and current intent can be made."},"complexity_factors":["No legislative text was successfully retrieved — the source returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text for the **South Australian Public Interest Disclosure Act 2018** could not be retrieved — the source URL returned a 'Page Not Found' error, likely due to a website restructure in March 2026.\n\n### What we do know about this law generally:\nPublic Interest Disclosure (whistleblower) laws protect people who report **wrongdoing, corruption, or misconduct** within government agencies. If this Act follows the standard South Australian framework, it would typically:\n\n- **Protect public sector employees** who report genuine wrongdoing from retaliation (e.g. being fired or harassed)\n- **Set out how and where** to make a protected disclosure (report)\n- **Define what counts** as reportable conduct (corruption, maladministration, waste of public money)\n- **Create obligations** for agencies receiving disclosures to investigate and maintain confidentiality\n\n### Who it affects:\n- South Australian public servants and government agency workers\n- People who witness or suspect government misconduct\n- Agency managers and integrity bodies handling disclosures\n\n> ⚠️ **This summary is based on general knowledge of this Act type — not the actual retrieved text.** Do not rely on this for legal decisions. Access the current Act directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au)."}},"importantCases":[],"_links":{"self":"/api/acts/public-interest-disclosure-act-2018","history":"/api/acts/public-interest-disclosure-act-2018/history","analysis":"/api/acts/public-interest-disclosure-act-2018/analysis","conflicts":"/api/acts/public-interest-disclosure-act-2018/conflicts","importantCases":"/api/acts/public-interest-disclosure-act-2018/important-cases","documents":"/api/acts/public-interest-disclosure-act-2018/documents"}}