Further Information – disclosures under state legislation
Where a disclosure concerns a state-funded service in Victoria, New South Wales or Western Australia, statutory whistleblower protections may be available under applicable State law. In general however, these protections only apply if the whistleblower has made their disclosure to a State whistleblower agency.
The following table sets out these bodies:
Business Area to which the disclosure relates |
State Whistleblower Agency |
Victoria – Health Services / Mental Health / Palliative Care |
Victorian Independent Broad-based Anti-corruption Commission (IBAC) |
NSW – Health Services |
· For corrupt conduct – The NSW Independent Commission Against Corruption. (ICAC) · For maladministration – the NSW Ombudsman · For matters concerning a serious and substantial waste of public money – the NSW Auditor-General |
WA – Social Housing |
The Western Australian Corruption and Crime Commission (CCC) |
Victoria – Health Services / Palliative Care/ Mental Health
Services provided by Mercy Hospitals Victoria Ltd (including Mercy Mental Health) and Mercy Palliative Care Ltd are subject to the provisions of the Protected Disclosure Act 2012 (Vic).
Disclosures of improper conduct concerning these services can be made directly to the Victorian Independent Broad-based Anti-corruption Commission (IBAC).
Disclosures of detrimental action can also be made directly to IBAC.
Disclosures to IBAC may be made orally, electronically or in writing. Further information about reporting to IBAC can be found on IBAC’s website – www.ibac.vic.gov.au
NSW – Health Services
Services provided by Mercy Hospitals NSW Ltd (Mercy Health Service Albury and Mercy Care Centre Young) are subject to the provisions of the Public Interest Disclosures Act 1994 (NSW) (NSW PID Act).
The NSW PID Act provides whistleblower protections for certain disclosures. These whistleblower protections overlap with the protections given under the Corporations Act 2001 (Cth). An individual can elect to make a disclosure to one of the following entities:
- For corrupt conduct – the NSW Independent Commission Against Corruption. (ICAC);
- For maladministration – the NSW Ombudsman; or
- For matters concerning a serious and substantial waste of public money – the NSW Auditor-General.
Individuals who are not certain about which entity to contact should contact the NSW Ombudsman or seek independent legal advice. Further information about ICAC and applicable whistleblower protections can be found on the ICAC website at https://www.icac.nsw.gov.au
WA – Social Housing
The provision of social housing at Mercy Place – Villa Maria, and Mercy Place – Edgewater in Western Australia is subject to the Public Interest Disclosure Act 2003 (WA) (WA PID Act).
The WA PID Act provides whistleblower protections for certain disclosures. These whistleblower protections overlap with the protections given under the Corporations Act 2001 (Cth).
An individual can elect to make a disclosure to the Western Australian Corruption and Crime Commission (CCC). The CCC can be contacted via its website at https://www.ccc.wa.gov.au