Report wrongdoing in councils

The Secretary of the Department of Planning Housing and Infrastructure (DPHI) is defined under the Public Interest Disclosure (PID) Act as an ‘integrity agency’ for the purposes of exercising certain functions under the Local Government Act 1993 (LG Act). This means that they can accept reports from public officials about wrongdoing and act where those reports relate to local government.

The Secretary has delegated their powers as an integrity agency to officers in the Office of Local Government (OLG). This means that OLG can accept and deal with certain complaints on the Secretary’s behalf.

It is important to remember that council officials can make a report of serious wrongdoing to their own council. In some circumstances, this will be most appropriate way of having the concerns addressed.

An Office of Local Government Public Interest Disclosures Policy (PDF, 2.7 MB) has been published which sets out how it will deal with reports of serious wrongdoing from council officials. Council officials who are considering making a report of serious wrongdoing are encouraged to read the policy.

This policy emphasises the importance of providing support to, and protections for, public officials within the local government sector who report serious wrongdoing in accordance with the requirements of the PID Act.

This includes:

  • creating a climate of trust, where public officials are comfortable and feel supported to report wrongdoing
  • keeping the identity of the public official disclosing the serious wrongdoing confidential, where this is possible and appropriate
  • protecting public officials from any detrimental action resulting from making a report of serious wrongdoing
  • dealing with reports of serious wrongdoing in a prompt, thorough and impartial way, and taking appropriate action if some form of serious wrongdoing has been found
  • keeping public officials who make reports of serious wrongdoing informed of their progress and the outcome.

Fundamentals of the Public Interest Disclosures Act

Watch video on the fundamentals of the Public Interest Disclosures Act 2022.

Frequently asked questions

Who can make a Public Interest Disclosure report?

Only public officials can make a voluntary PID. Councillors and council employees are public officials.

What can a Public Interest Disclosure report be about?

The NSW Ombudsman has released information on What is a public interest disclosure. This provides an overview of the PID Act and explains the different types of disclosures.

Reports must relate to one or more of the following categories of serious wrongdoing to be considered a PID:

  • corrupt conduct
  • serious maladministration
  • a government information contravention (GIPA Act)
  • a privacy contravention (PPIP Act)
  • a serious and substantial waste of public money
  • a local government pecuniary interest contravention.

Detrimental action

People who report wrongdoing need to be confident they will be protected from harm or disadvantage as a result of making a disclosure. Agencies need to accurately and quickly identify that a disclosure is a public interest disclosure because, if a report is a PID, the public official who made the report will have special protections under the Public Interest Disclosures Act 2022 (PID Act). These protections apply from the time the PID is received by the agency.

The PID Act contains protections to ensure that a person who has made a PID does not suffer detrimental action such as bullying, harassment or dismissal, as a result. These protections extend to people who are suspected by others of having made a PID (even if they have not) or of potentially making a PID in the future. Investigators of wrongdoing are also protected from detrimental action in the PID Act.

Anyone who suspects they have been subject of detrimental action, should contact their disclosure coordinator or a disclosure officer (PDF, 2.7 MB) within their agency to confidentially report the matter as soon as possible.

For more information on detrimental action, read the Detrimental Action Factsheet (PDF, 103 KB) and information on the NSW Ombudsman website.

How to report serious wrongdoing in local government

Make a report to your council

Public officials who are a council official can make a report to:

  • their manager (if they are a council employee)
  • a disclosure officer within the council
  • the general manager of the council.

Make a report to OLG

Public officials can also make a report:

A wide range of information related to Public Interest Disclosures is available on the NSW Ombudsman website.

Code of Conduct complaint

The How to lodge a Code of Conduct complaint against Council Officials (PDF, 261 KB) guide has been prepared to provide complainants with clear and practical assistance during the initial stages of the complaint process. They outline key steps, important considerations, and relevant procedures to ensure that individuals understand their rights and responsibilities when lodging a complaint.

The community expects high standards of behaviour from council leaders and staff. These standards are outlined in the Model Code of Conduct, prescribed under the Local Government (General) Regulation 2021 (the Regulations). Every council is required to adopt and implement this code. Learn more on councillor misconduct.