Confidentiality is the best protection for people who have reported suspected improper conduct.
In accordance with the ICAC Act, the identity of a protected person must be kept confidential. It is an offence to disclose the identity of a protected person.
Public bodies have a responsibility to ensure they have systems and resources in place to receive and securely store protected communications.
It is not an offence for a protected person to tell another person that they have made a report.
However, protected persons should take care in who they share this information with and in what circumstances.
Keeping a report confidential reduces the risk of retaliation.
There are some circumstances where identifying a protected person will not be an offence. In summary, such circumstances include where the disclosure is necessary:
- to comply with the Care and Protection of Children Act 2007
- to protect against the risk of serious retaliation or address an actual incident of retaliation
- to support the informal resolution of matters raised in a protected communication
- for appropriate action to be undertaken by another person in relation to the protected communication and they have sought the protected persons view about disclosure.
These circumstances are explained in detail on page 16 of Dealing with voluntary protected communications – Directions and guidelines.