Reporting serious wrongdoing

​NSW Health encourages staff to report serious wrongdoing. All reports will be assessed, and appropriate action will be taken in response to the report. Under the Public Interest Disclosures Act 2022, staff, witnesses, and other persons will be protected from detrimental action that might arise from reporting that serious wrongdoing.

Serious wrongdoing includes:

• corrupt conduct
• serious maladministration
• a privacy contravention
• a serious and substantial waste of public money
• a government information contravention

Reports of serious wrongdoing will be managed in accordance with the NSW Health Policy Directive Public Interest Disclosures (PD2023_026). Reports that do not meet at least one of the definitions of serious wrongdoing, or other criteria in the PID Act, will be dealt with in line with other relevant NSW Health policy directives, such as Resolving Workplace Grievances (PD2016_046), and Prevention and Management of Bullying in NSW Health (PD2021_030).

When making a report of serious wrongdoing, the report should include as much information as possible should be provided, including:

• date, time and location of key events
• name of person(s) involved in the suspected wrongdoing, their role, title and how they are involved
• your relationship with the person(s) involved, e.g., if you work closely with them
• an explanation of the matter you are reporting
• how you became aware of the matter being reported
• names of possible witnesses
• any other information which will support your report.

Reports of serious wrongdoing can be made to a disclosure officer of the relevant health organisation. Please refer to the list of disclosure officers.

People are encouraged to report serious wrongdoing via the health organisation to which the wrongdoing relates, in the first instance. In times where this is not possible or appropriate, reports of serious wrongdoing can also be made to the Ministry of Health via email to MOH-PID@health.nsw.gov.au, to the Independent Commission Against Corruption, or to the NSW Ombudsman.

Where a report is made to the Ministry about another health organisation, the Ministry will conduct an initial assessment of the matter and, depending on the nature of the concern, clarity of information provided and the complexity of the matter, may:

• Contact the reporter for more information, if the report is not an anonymous report
• Direct the matter to the health organisation for assessment, review, or investigation (internal or outsourced) or other action/advice as appropriate
• Conduct or oversee a review or investigation
• Refer the matter to an external agency
• Take another appropriate course of action
• A combination of some, or all, of the above.
• The Ministry will refer the matter back to the health organisation if its initial assessment identifies that the health organisation has not had a reasonable opportunity to consider or take action in response to the complaint and it is otherwise appropriate to do so.

If the initial assessment identifies that the health organisation has already appropriately dealt with the matter, the Ministry may not take any further action.

Exercise of Public Interest Disclosure Act functions

The Public Interest Disclosures Act 2022 permits public sector agencies to engage contractors to exercise specific functions under the Act on its behalf. NSW Health is required to publish the details of these arrangements on its website and intranet. NSW Health organisations may engage an independent investigator from a panel of pre-qualified investigation services to handle a public interest disclosure (PID) by investigating the alleged serious wrongdoing. If a NSW Health organisation engages an independent investigator, the individual making the PID will be informed and provided with a contact officer within that organisation.

Additionally, under section 81(2) of the PID Act, the Ministry may arrange for another NSW Health organisation to exercise its functions under the PID Act.