The Protected Disclosure Act 2012 (the Act) encourages and facilitates making disclosures of improper conduct by public bodies or public sector employees, and protects persons who make those disclosures.
The State Revenue Office Victoria (SRO) is committed to the aims and objectives of the Act. We do not tolerate improper conduct (including corrupt conduct) by our staff or the taking of reprisals against those who come forward to disclose such conduct.
The SRO values transparency and accountability in our administrative and management practices, and we support the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, conduct involving a substantial risk to public health and safety or the environment, or conduct constituting misconduct in public office. We will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. We will also afford natural justice to the person who is the subject of the disclosure.
What is improper conduct?
Improper conduct is defined in section 4 of the Act and includes:
- Conduct that is corrupt, or
- Conduct involving substantial mismanagement of public resources, or
- Cconduct involving substantial risk to public health or safety, or
- Conduct involving substantial risk to the environment
The conduct must be serious enough that if proven would constitute a criminal offence or reasonable grounds for dismissal.
What is corrupt conduct?
Corrupt conduct is defined in the Independent Broad-based Anti-corruption Commission Act 2011 as:
- Conduct of any person that adversely affects the honest performance by a public officer or public body of their functions,
- Conduct of a public officer or public body that constitutes or involves the dishonest performance of their functions,
- Conduct of a public officer or public body that constitutes or involves knowingly or recklessly breaching public trust,
- Conduct of a public officer or public body that involves the misuse of information or material acquired in the course of the performance of their functions, whether or not for the benefit of the public officer or public body or any other person,
- Conduct of a person intended to adversely affect the effective performance or exercise by a public officer or public body of their functions or powers and result in the first mentioned person or his or her associate obtaining certain benefits that they would not have otherwise obtained,
- Conduct that could constitute a conspiracy or an attempt to engage in any of the above corrupt conduct
The conduct must be serious enough that if proven would constitute an indictable offence, perverting or attempting to pervert the course of justice, bribery of a public official or misconduct in public office.
Victorian public sector bodies include government departments and statutory authorities, Victoria Police, local councils, schools and universities, public hospitals, members of Parliament, judges and magistrates.
How do you make a disclosure?
A disclosure of improper conduct or corrupt conduct by the SRO or our employees should be made directly to the Independent Broad-based Anti-corruption Commission (IBAC). The Act does not permit a disclosure of improper conduct to be made directly to the SRO.
SRO procedures for protected disclosure management
Once the SRO has been notified by IBAC about a protected disclosure investigation, we will take all reasonable steps to protect the discloser from reprisal and provide welfare management. For more information, download our Procedures for Protected Disclosure Management.
For further information about protected disclosures, please contact:
Protected Disclosure Coordinator Paula Thorne,
Executive Director, Policy, Advisory and Legal Services,
State Revenue Office
121 Exhibition Street
Melbourne VIC 3000
Phone (03) 9628 6105