Inquiries, Feedback, Complaints and Public Interest Disclosures (PID)

To make an inquiry, provide feedback, or lodge a complaint with NSW State Archives, please contact the Governance team at governance@records.nsw.gov.au in the first instance. Feedback, queries and complaints are welcome from all members of the public and is an important opportunity for us to help better assist you, consider any potential problems and take appropriate steps to deal with them.

What information should you provide in a Complaint?

When making a complaint you should provide as much detail as possible to assist us to respond appropriately to your complaint. The information you should try to include is:

1. your name and contact details
2. a detailed description of the matter being reported
3. the names of people involved, or who could otherwise assist us to resolve your complaint
4. details of any documents, records, witnesses etc, that may assist in the resolution of your complaint
5. what you expect NSW State Archives and Records to do about your concern
6. any other information you consider relevant.

What to expect from us

Once you have lodged a written complaint you can expect NSW State Archives and Records to:

1. protect your confidentiality
2. advise you of the receipt of your complaint and how we intend to manage it
3. keep you advised of the progress of our management of your complaint
4. consult with you on the action we intend to take as a result of the complaint, if practicable
5. advise you of the action taken as a result of the complaint
6. obtain advice from you on whether you are satisfied with the action taken in response to your complaint.

Reports of serious wrongdoing

Fraud and Corruption and the Public Interest Disclosures Act 1994 (PID) 

Our corporate values include integrity, trust, service and accountability and these underpin the work we do to prevent fraud and corruption.

NSW State Archives staff are considered public officials. We have a responsibility under the (NSW) Independent Commission Against Corruption (ICAC) Act 1988 to contribute to a culture that does not tolerate corrupt conduct whilst actively supporting a fair and equitable process to prevent, report and investigate acts of corrupt conduct and serious wrong doing.

The Public Interest Disclosures Act 1994 (PID Act) puts in place a system for dealing with reports of certain types of serious wrongdoing and provides protections for people who make these reports.

The PID Act is part of a framework of integrity legislation to help strengthen the State Archives and Records Authority and more broadly, the Public Sector. NSW State Archives’ Public Interest Disclosure policy (PDF) and procedure which are supported by a Fraud and Corruption Control Policy (PDF) which establishes the commitment and framework to support and protect those who report wrongdoing.

These types of disclosures must meet a particular criteria in the PID Act, to be considered as such. Key criteria’s are outlined below, however full list and variables to the process, including threshold test, is outlined in the PID Act:

1. Who can make a PID
   PIDs can only be made by current NSW public officials – broadly, anyone who is employed or otherwise in the service of a public authority. If the reporter is not a public official at the time of making the disclosure, the report cannot be a PID
    
2. How to make a PID
   Pubic interest disclosures can be made in writing or verbally. At NSW State Archives we encourage reports in writing as this can help to avoid any confusion or misinterpretation. Please see attached form (PDF)
    
3. Who can receive a PID?
   For a reporter to be protected by the PID Act, reporters need to make their disclosure to the right person. At State Archives and Records Authority our internal reporting policy lists our Principal Officer, Disclosure Coordinator and Disclosure Officers.

   It is important to note The PID Act also  lists several investigating authorities in NSW that staff can report wrongdoing to and the type of wrongdoing each authority can deal with.
    

4. Categories of wrongdoing in the PID Act
   Corruption – the dishonest or partial exercise of official functions by a public official. Fraud is generally recognised as a form of corrupt conduct. The conduct of a person who is not a public official, when it adversely affects the impartial or honest exercise of official functions by a public official, is also corrupt conduct.

   Corrupt conduct - the dishonest or partial exercise of official functions by a public official. Fraud is generally recognised as a form of corrupt conduct. The conduct of a person who is not a public official, when it adversely affects the impartial or honest exercise of official functions by a public official, is also corrupt conduct.

   Maladministration - conduct that involves action or inaction of a serious nature that is: contrary to law; unreasonable, unjust, oppressive or improperly discriminatory; or based wholly or partly on improper motives.

   Serious and substantial waste of public money - the uneconomical, inefficient or ineffective use of resources, authorised or unauthorised, which results in a loss/wastage of public funds/resources.

   Government information contravention - conduct of a kind that constitutes a failure to exercise functions in accordance with any provision of the Government Information (Public Access) Act 2009. 
    

5. PID Management
   When a PID has been made, NSW State Archives will:

• Acknowledge receipt of the PID and provide the reporter with a copy of the internal reporting policy within 45 days (but preferably much sooner).
• Determine whether the PID should or may be referred to another agency (for example, the PID/conduct may need to be referred to ICAC where it involves possible corrupt conduct).
• Communicate regularly with the reporter, including advising the reporter within six months of what action has been taken or will be taken in relation to the PID.
• Keep full and accurate records.

The above PID information is an introduction to the process and the obligations NSW Archives adheres to in order to strive for an open, ethical and lawful environment.

Please see below for all external and internal resources.

Resources

Further information can be found at:

https://www.icac.nsw.gov.au/

Audit Office of NSW 

NSW Ombudsman

Legislation

Government Information (Public Access) Act 2009

Independent Commission Against Corruption Act 1988

Historic Houses Act 1980

Ombudsman Act 1974

Privacy and Personal Information Act 1998

Public Finance and Audit Act 1983

Public Interest Disclosures Act 1994

Public Interest Disclosure Regulation 2011

State Records Act 1988

NSW State Archives Related policies/procedures

Code of Conduct (PDF)

Conflict of Interests (PDF)

Grievance Handling (PDF)

Fraud and Corruption (PDF)

Further Information

If you are concerned about corrupt conduct or potential corrupt conduct, or have any general inquiries or concerns please contact the Governance team governance@records.nsw.gov.au or by mail PO Box 516, Kingswood NSW 2747