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2017-08-08 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   8 AUGUST 2017




                                                    Page 15 of 146

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                          8 AUGUST 2017

       INAPPROPRIATE PIDS
       The following disclosures would not amount to a PID, and would not be covered by these procedures:
          e   False or misleading information (i.e. intentional);
          e   Information which does not satisfy a subjective or objective test (defined above);
          e   Entirely a policy dispute;
          e   Entirely an employee complaint (to be referred to Council’s employee complaint process);
          e   Adisclosure made to avoid disciplinary action; or
          e   Frivolous (abuse of process).

       RIGHTS OF REVIEW
       If a decision is made that no action is required in regards to a PID, the discloser may request a review
       by the CEO within 28 days after receiving written reasons outlining why the organisation determined to
       take no action in relation to the PID.

       If the discloser is dissatisfied with the action taken on a decision relating to a PID, the further review
       options are shown in the following table.

       Type of Conduct decision relates to
       Corrupt Conduct                                    Contact the Crime and Corruption Commission
      Reprisal                                            Contact the Anti-Discrimination Commission
                                                          Queensland; Queensland Industrial Relations
                                                          Commission; Supreme Court.
      Maladministration                                   Queensland Ombudsman
       Any type of disclosure                             Judicial Review through the discloser’s own legal
                                                          advisor.
       Disciplinary action taken against an officer,      Public Service Appeal through the Industrial
       transfer or appointment to another position,       Relations Commission.
       unfair treatment.

       FALSE OR MISLEADING INFORMATION
       It is an offence (subject to significant penalty) under the PID Act to intentionally give information relating
       to a PID that is false or misleading.

       COMMITMENT TO CONFIDENTIALITY
       Maintaining confidentiality is extremely important in the handling of a PID. Confidential information in
       this instance means:

          1. The fact that a PID has been made;
          2. Any information that may identify the discloser or any person who may be the subject of a PID;
          3. The actual information that has been disclosed;
          4.  Information relating to the disclosure that, if known, may cause detriment.
       The organisation will ensure that the details of a PID, the investigation and related decisions will be
       kept secure.
       Whilst every attempt to protect confidentiality will be made, there will be occasions when the disclosure
       of the discloser’s identity may be necessary. These include:
          1.  Providing natural justice to the subject officer;
          2.  Responding to a Court Order or legal directive; and
                                                                                               Page 8 of 16
 |     Public Interest Disclosure ManagementPRrocram-and-Procedure

                                                                                           Page 15 of 146
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