Public Interest Disclosure Act Reforms

Introduction

The Attorney-General’s Department recently closed the consultation period on its Public Interest Disclosure and Other Legislation Amendment (Whistleblower Protections) Bill 2025 exposure draft.

The Bill seeks to implement the second stage of reforms recommended by Mr Philip Moss AM in 2016. This includes the creation of a new Whistleblower Ombudsman, clarifying protections and supports for disclosers, and simplifying the Public Interest Disclosure Act 2013 procedures to improve accessibility and administration. Early indications suggest the Bill will be passed by Parliament and implemented into law in early 2026.

Required agency responses

The Bill proposes structural and operational changes to the Act that will demand immediate, practical responses from federal agencies to ensure they are compliant:

1. Policy and procedure rewrite — agencies must update all internal PID policies to reflect the Bill’s reworked definitions, reporting pathways, and the existence of a Whistleblower Ombudsman. Policies must clearly map how disclosures move from initial receipt to review, referral and protection measures under the new statutory structure.
2. Governance and accountability arrangements — agencies must designate accountable leads for whistleblower programs, align senior executive performance with timely handling of disclosures, and embed escalation paths that incorporate the new Ombudsman’s role. Executive committees and audit and risk committees must be briefed and given new oversight responsibilities.
3. Training and capability uplift — staff in human resources, integrity, compliance, legal and frontline management must be trained on the amended Act’s scope, protections and procedures, including practical decision-making tools for triaging disclosures and implementing interim protections while matters are assessed.
4. Case management and recordkeeping — agencies must update case management systems to capture additional data points required by the Bill and to support reporting to the Whistleblower Ombudsman. Records must evidence assessment decisions, risk mitigation steps and outcomes.
5. Support frameworks for disclosers — agencies must establish or refine support pathways, including wellbeing, confidentiality safeguards and practical protections against reprisal, and must demonstrate capacity to act swiftly on reprisal risks.

Implementation considerations

The changes may seem to create an additional layer of administrative burden for many agencies. The expanded support and reporting expectations will require resources — agencies must budget for staff time, new case management tools, training, and external legal or forensic assistance. Redeploying existing integrity resources without additional funding will create bottlenecks.

Legal reforms and updated policies alone will not shift behaviours. Agencies must link integrity outcomes to leadership performance, embed whistleblower protections in induction and performance frameworks, and publicly reinforce non-retaliation norms. The Whistleblower Ombudsman will also change referral flows and create a new external adviser for agencies — so agencies must build liaison protocols, agree response timeframes, and incorporate Ombudsman guidance into internal practice documents.

This Bill is likely to be implemented in early 2026, and agencies will need to prepare now. In addition to changes to policy, governance, case management, recordkeeping and support frameworks, agencies will need to ensure their entire workforce is informed of these changes and their responsibilities.