Whistleblower protections
Q: When I provided information, I didn’t state that I wanted the information to be a protected communication. Can I tell the recipient later?
If you wish for the information you are providing to be treated as a protected communication you should state, at the time of providing the information, that you intend for that information to be a protected communication. If you do not state that fact, the information may not be treated as a protected communication. While the recipient may still decide to treat the information as a protected communication, that is a matter of discretion for the recipient.
You may also apply to the ICAC for a declaration of a protected communication. See section 94 of the ICAC Act for more information.
Independent Commissioner Against Corruption Act (2017)
Q: I provided information to the ICAC as part of an investigation they are conducting. Am I protected?
Yes, but the information must not be misleading. A protected action includes action taken in the course of, or for the purpose of, complying with the ICAC Act, or cooperating with a person or body performing functions under the ICAC Act. When you provide information to the ICAC, or an ICAC employee, for an ICAC investigation, you are not required to state that you are providing the information as a protected communication. This applies whether you have provided information voluntarily, or as a result of a notice requiring you to provide information.
But such action will not be a protected action if you provide or communicate information knowing or believing that it is misleading information. See section 92 for more information.
Independent Commissioner Against Corruption Act (2017)
Q: If I provide a submission to an ICAC review, do I have to state that I intend the information I provide to be a protected communication?
A protected action is an act done to comply with the ICAC Act or to cooperate with people doing things under the ICAC Act.
If you provide information to the ICAC as part of a review or evaluation, then you have taken a protected action. You do not have to state that you intend the information to be a protected communication. But such action will not be a protected action if you provide or communicate information knowing or believing that the information is misleading information. See section 92 for more information.
Independent Commissioner Against Corruption Act (2017)
Q: Am I protected if I provide information to the media?
No. The protections provided under the ICAC Act do not extend to disclosures made to the media.
Q: Am I protected if I provide information to a Member of the Legislative Assembly (MLA)?
Not unless the information relates to an MLA and the information is provided to the Speaker of the Legislative Assembly or, if the information relates to the Speaker, the information is provided to the Deputy Speaker.