The Public Interest Disclosure Act 2013 (commonly called the PID Act) is Australia's federal whistleblower protection law for the Commonwealth (federal) public sector. It creates a system for government employees and contractors to safely report wrongdoing — and protects them from punishment for doing so.
Who does it affect?
Primarily affects:
Current and former federal government employees (public servants, military personnel, employees of Commonwealth agencies and companies)
People working under government contracts (contractors and subcontractors providing services to the Commonwealth)
Supervisors and managers in federal agencies who receive reports of wrongdoing
The heads of federal agencies (principal officers)
Also relevant to:
Anyone who might retaliate against a whistleblower (they face criminal charges and civil lawsuits)
Members of the public who receive disclosures in certain circumstances
What wrongdoing can be reported?
You can report ("disclose") conduct that:
Breaks the law (any Australian law, or certain foreign laws)
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Is corrupt or perverts the course of justice
Is maladministration — unreasonable, unjust, oppressive, or negligent behaviour by government
Is an abuse of public trust
Wastes government money or property
Creates unreasonable danger to people's health, safety, or the environment
Involves scientific misconduct (fabricating research results, etc.)
Is any other prescribed conduct (added by ministerial rules)
You cannot use this law to report:
Disagreements with government policy
Ordinary workplace disputes like bullying or harassment — unless the conduct is so serious it would undermine public confidence in an agency, or constitutes a reprisal against a whistleblower
Actions taken by judges or tribunals in their judicial capacity
Conduct by intelligence agencies done properly within their lawful functions
How do you make a disclosure?
There are 5 types of protected disclosure:
Internal disclosure — Report to your supervisor or an authorised officer within the government. This is the normal first step.
External disclosure — Go outside government (e.g., to a journalist or the public) — but only after an internal report was made and not adequately dealt with, and only if the disclosure is in the public interest and doesn't include sensitive intelligence information.
Emergency disclosure — Go directly to anyone (except a foreign official) if you believe there is a substantial and imminent danger to health, safety, or the environment.
Legal practitioner disclosure — Tell your lawyer for the purpose of getting legal advice about making a disclosure.
NACC disclosure — Make a report to the National Anti-Corruption Commission (Australia's federal integrity body).
Disclosures can be made verbally or in writing, and can even be made anonymously.
What protections do you get?
1. Immunity from liability
If you make a valid protected disclosure, you cannot be sued, prosecuted, or disciplined for making it. You have absolute protection against defamation claims. Your contract cannot be terminated because of the disclosure.
Exception: You are NOT protected if you knowingly make false or misleading statements, or if you breach a court suppression order or similar publication restriction knowing you're doing so.
2. Protection from reprisals (punishment/retaliation)
It is a criminal offence (up to 2 years imprisonment) for anyone to punish you — or even threaten to punish you — because you made (or might make) a disclosure. "Punishment" includes:
Firing or demoting you
Harassing or intimidating you
Damaging your reputation, property, or finances
Any other harm
3. Civil remedies (court orders)
You can apply to the Federal Court or Federal Circuit and Family Court for:
Compensation for losses caused by retaliation
An injunction (court order to stop the retaliation)
An apology
Reinstatement of your job if you were fired
Importantly, you generally won't be ordered to pay the other side's legal costs unless you brought the case without reasonable cause.
4. Identity protection
It is a criminal offence (up to 6 months imprisonment) for anyone to reveal your identity as a whistleblower without your consent, unless specifically permitted by law.
5. Witnesses also protected
People who assist in the investigation of a disclosure (witnesses) get the same immunity protections — they can't be sued or disciplined for helping.
Who handles complaints and investigations?
The Commonwealth Ombudsman oversees most agencies and can investigate complaints about how disclosures are handled.
The Inspector-General of Intelligence and Security (IGIS) handles oversight of intelligence agencies (like ASIO, ASIS, etc.).
Agency heads must investigate disclosures made to their agencies, or refer them to the appropriate body.
What about intelligence agencies?
The law has special rules for intelligence agencies (ASIO, ASIS, Defence intelligence, etc.). Intelligence-related information cannot be disclosed externally or in emergency disclosures. The IGIS (not the Ombudsman) handles oversight of intelligence agency disclosures.