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Topic: Public Interest Disclosure Act

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	BMA - Disclosure in the public interest (Site not responding. Last check: 2007-11-06)
		Disclosure which is essential to prevent or lessen a serious and imminent threat to public health or to the life or health of another individual typifies this category of justification.
		Disclosure without consent should only reveal the minimum of information required to deal with the risk and careful thought must be given to the question of to whom the information should be released.
		Disclosures which qualify for protection include those where the disclosure is made to the employer or in accordance with a procedure authorised by the employer.
	www.bma.org.uk /ap.nsf/Content/Confidentialitydisclosure~public (3351 words)

	Public Interest Disclosure Act 1998 - Wikipedia, the free encyclopedia
		Acts of Parliament of the Kingdom of England to 1659
		Acts of Parliament of the Kingdom of England to 1699
		Acts of Parliament of the Kingdom of Ireland
	en.wikipedia.org /wiki/Public_Interest_Disclosure_Act (224 words)

	Public Concern at Work (PCaW) - UK Public Interest Disclosure Act (PIDA)
		A disclosure in good faith to a manager or the employer will be protected if the whistleblower has a reasonable suspicion that the malpractice has occurred, is occurring or is likely to occur.
		Where someone in the NHS or a public body blows the whistle in good faith direct to the sponsoring Department, the disclosure is protected in the same way as an internal one.
		In deciding the reasonableness of the disclosure the tribunal will consider the identity of the person to whom it was made, the seriousness of the concern, whether the risk or danger remains, and whether it breached a duty of confidence the employer owed a third party.
	www.pcaw.co.uk /legislation/legislation.html (725 words)

	electronic investigations - whistleblowing, whistler blowers and the computer investigator
		WhistleBlowing in the context of the UK Public Interest Disclosure Act is the disclosure by an employee (or trainee, agency staff, contractor, home worker and all NHS employees) of malpractice in the workplace.
		The Act protects disclosures made in good faith to prescribed bodies such as the Health and Safety Executive, the Financial Services Authority and the Inland Revenue, where the whistleblower has a reasonable belief that the information and their allegation(s) are substantially true.
		However, such acts are only protected as long as the disclosure is made in good faith to the employer, or any other person authorized under a procedure set up by the employer for this purpose.
	www.vogon-international.com /electronic-disclosure/whistleblowing.htm (606 words)

	PUBLIC INTEREST DISCLOSURE ACT 1998 SUMMARY OVERVIEW OG 79 A1
		When a worker makes a qualifying disclosure, he or she will be protected by the provisions of the Act if the disclosure is made under the right circumstances (see OG 79 C1 section 3).
		The worker may choose to make the disclosure to his or her employer or to another person within the organisation where the worker believes the failure relates solely to that person or to any matter for which that person has legal responsibility (see OG 79 C1 section 4.1).
		The 1892 Act makes it a criminal offence to victimise any person who has in good faith supplied inquiry information to us, but anyone convicted of the offence can also be ordered to pay compensation to the victim for the loss which he or she has suffered.
	www.charity-commission.gov.uk /supportingcharities/ogs/g079a001.asp (2009 words)

	Public Concern at Work (PCaW) - Public Interest Disclosure Act 1998
		Those behind Public Concern at Work took the view that such communication breakdowns were also likely to be a relevant issue in many of the thousands of accidents and frauds which caused death, serious injury and loss but which did not, because of their more modest scale, justify a public or judicial inquiry.
		In deciding the reasonableness of the disclosure, the tribunal will consider all the circumstances, including the identity of the person to whom it was made, the seriousness of the concern, whether the risk or danger remains, and whether the disclosure breached a duty of confidence which the employer owed a third party.
		While the Act does not require employers to set up whistleblowing procedures, a worker who makes a wider, public disclosure is more likely to be protected if there was no such procedure, or he was unaware of it, or it was not reasonable to expect him to use it: s.43G(3)(f).
	www.pcaw.co.uk /policy_pub/pida.html (13868 words)

	Appendix A: Main features of the Public Interest Disclosure Act 1998
		The Act protects disclosures made in good faith to prescribed bodies such as the Health and Safety Executive, the Financial Services Authority and HM Revenue and Customs, where the whistleblower has a reasonable belief that the information and their allegation(s) are substantially true.
		Wider disclosures (for example, to the police, the media, MPs, and non-prescribed regulators) are protected if, in addition to the tests for regulatory disclosures, they are reasonable in all the circumstances and they meet one of the three preconditions.
		However, such acts are only protected as long as the disclosure is made in good faith to the employer, or any other person authorised under a procedure set up by the employer for this purpose.
	www.brunel.ac.uk /about/administration/rules/c_ordinances/co9/app1 (608 words)

	Public Interest Disclosure Act 1998 (Ch 23), acts@swarb.co.uk, David Swarbrick, Solicitor, Wrigley Claydon
		An Act to protect individuals who make certain disclosures of information in the public interest; to allow such individuals to bring action in respect of victimisation; and for connected purposes.
		In this Act a "protected disclosure" means a qualifying disclosure (as defined by section 43B) which is made by a worker in accordance with any of sections 43C to 43H.
		A qualifying disclosure is made in accordance with this section if it is made in the course of obtaining legal advice.
	www.swarb.co.uk /acts/1998PublicInterestDisclosureAct.shtml (3048 words)

	Personnel Office - Public Interest Disclosure
		With this policy on disclosure in place, the University also believes it is reasonable to expect members of the University to use the processes outlined here, rather than to air their complaints outside the University.
		This policy is intended to cover concerns which are in the public interest and may (at least initially) be investigated separately, although this may subsequently lead to the invocation of such other procedures.
		For example, if the initial disclosure was made to an officer of the University, then the subsequent disclosure may be made to the Chairman of the Audit Committee or Chairman of Council.
	www.le.ac.uk /personnel/docs/publicinterestdisclosure.htm (1718 words)

	Public Interest Disclosure/Code of
		Lord Borrie, QC describes a public interest disclosure in his essay on whistleblowing as ‘the disclosure by an employee (or professional) of confidential information which relates to some danger, fraud or other illegal or unethical conduct connected with the workplace, be it of the employer or of his fellow employees’.
		The disclosure can be made directly to the Registrar and Secretary or through an intermediary if, for example, the disclosure was initially made to another person or through another procedure but it was considered more appropriate for the disclosure to be addressed through this procedure.
		If disclosure is made externally, without first using the appropriate internal procedures, the discloser may be liable to disciplinary action whether or not the issue disclosed is the subject of further investigation.
	www.brad.ac.uk /admin/personnel/PublicInterestDisclosure.htm (1473 words)

	Public Interest Disclosure Act: protecting whistleblowers - UK Commercial Arbitration Law Developments (Legal500.com)
		The Public Interest Disclosure Act 1998, which provides employees with protection from dismissal or other detriment when they 'blow the whistle' on their employers, came into force on 2 July.
		The disclosure must also comply with a set of conditions which vary according to whom the disclosure is made.
		Although upon occasions the subject matter of a public interest disclosure may appear to be very similar to an employee grievance, the steps an employer should take to deal with it are different.
	www.icclaw.com /devs/uk/ep/ukep_143.htm (638 words)

	Public Disclosure Act 1998
		Protection under the Public Interest Disclosure Act extends to disclosure concerning a wrongdoing that took place overseas or where the law applying to the misconduct was not that of the United Kingdom.
		A worker will be protected when disclosing information to this appointed body/person if the disclosure is made in good faith, the worker reasonably believes that the information he or she is providing is true, and the matter falls within the subject matter which the person or body has been appointed to hear.
		However, it is in each company’s best interest to do so because if there is no representative for an employee to voice his or her concerns to inside the company, the employee, protected under the Public Disclosure Act, will most likely go public with the problem he or she sees.
	www.tssa.org.uk /article.php3?id_article=964 (1667 words)

	Pinnacle Partnership - Public Interest Disclosure
		Disclosure of information by a worker is not a qualifying disclosure if in making it he commits an offence (eg, if disclosure was prohibited under the Official Secrets Act 1989).
		A disclosure of information, which would be protected from disclosure because of legal professional privilege, cannot be a qualifying disclosure if made by the legal adviser (or, say, a typist in the adviser's office) to whom the information was disclosed in the course of obtaining legal advice.
		Disclosure to the employer will in most cases ensure that concerns are dealt with quickly and by the person who is well placed to resolve the problem.
	www.pinnaclepartnership.co.uk /pid2.htm (1746 words)

	The University of York - Personnel Office
		This statement of the University' s 'Public Interest Disclosure Policy and Procedures' describes in Part I the general context of the legislation and associated reports, while Part II describes the steps to be followed by staff in making a public interest disclosure.
		In a case where an employee makes a disclosure in good faith who appears to have suffered a consequential loss, detriment, harassment or victimisation, the onus and evidential burden will be placed on the University to show that there is no causal link between the disclosure and subsequent loss or detriment.
		Although the Act does not define "exceptionally serious failure", the case originally made for disclosure in the public interest came from disasters and scandals such as the Pipa Alpha explosion, BCCI collapse, Clapham train crash and the Barlow Clowes fraud.
	www.york.ac.uk /admin/persnl/policies/public_interest.htm (2680 words)

	Public Interest Disclosure Procedure (Site not responding. Last check: 2007-11-06)
		It is a fundamental term of every contract of employment that an employee will act in the best interests of the institution, faithfully serve his or her employer and not disclose confidential information about the employer's affairs.
		The Public Interest Disclosure Procedure is intended to cover concerns which are in the public interest and may (at least initially) be investigated separately, but might then lead to the invocation of such procedures.
		When a disclosure is made, the person or persons against whom the disclosure is made will always be told of the nature of the complaint, the evidence supporting it and will be allowed to respond before any investigation, or further action, is concluded.
	www.uclan.ac.uk /other/sds/governance/codes/public.htm (1470 words)

	Policy and procedure on public interest disclosure
		The Public Interest Disclosure Act 1998 (“the Act”) became effective on 1 January 1999 and gives legal protection to employees against being dismissed or victimised by their employers in consequence of publicly disclosing certain serious concerns.
		Disclosures made under this policy and procedure shall be deemed to be made in good faith unless investigation reveals clear evidence to the contrary.
		Disclosures made under this policy and procedure shall be deemed to be made in the public interest unless investigation reveals clear evidence to the contrary.
	www.hull.ac.uk /policyregister/text_only/policies/public_interest_disclosure.html (1584 words)

	ACT Department of Education and Training - Public Interest Disclosures
		One of these is to report to an appropriate authority any corrupt or fraudulent conduct in the public sector that comes to his or her attention or to report any possible maladministration in the public sector that he or she has reason to suspect.
		As a public employee you are obliged under the PSM Act to report corruption, fraud or maladministration.
		was established to encourage the disclosure of conduct adverse to the public interest in the public sector.
	www.decs.act.gov.au /aboutus/pid.htm (474 words)

	Personnel Services: Public Interest Disclosure: Code of Practice and Procedure
		Once a disclosure is being dealt with under this policy, it is reasonable to expect individuals to await the conclusion of any investigation or review instigated under its terms before seeking to air their complaints outside the institution.
		Disclosures, which should normally be in writing, should provide as much supporting evidence as possible about the grounds on which the disclosure is being made and about the grounds for believing that malpractice has occurred.
		Where a disclosure is made, the person or persons against whom the disclosure is made shall normally be allowed to comment before any investigation, is concluded under this procedure.
	www.admin.ox.ac.uk /ps/staff/codes/pid.shtml (1288 words)

	Whistle-blowing (making a Public Interest Disclosure)
		The Public Interest Disclosure Act (PIDA) was produced to legally protect employees against being dismissed or penalised by their employers as a result of making a disclosure.
		The LSE Public Interest Disclosure Procedure facilitates the PIDA, ensuring that proper protection is given to any person/s making a disclosure.
		Disclosures should be made verbally or in writing to one or more of the Assessment Officers, listed in part two of the Procedure.
	www.lse.ac.uk /collections/brightIdeas/haveYourSay/whistleBlowing/Default.htm (404 words)

	Commissioner for Public Administration
		The Commissioner for Public Administration is a government agency under the Public Interest Disclosure Act 1994.
		A review has recently been completed of the safety of children in care in the ACT and of ACT child protection management in order to ensure that children and young people in care in the ACT are safe.
		The overall aim of the review was to ensure that the Act, as the legislative basis for employment in the ACT Public Service, provides an effective and relevant framework to support the administration of government.
	www.psm.act.gov.au /commissioner.htm (1175 words)

	UCL Human Resources - Public Interest Disclosure
		1.5 It should be emphasised that the UCL Policy, in accordance with the Public Interest Disclosure Act, is concerned with alleged malpractice, impropriety or wrongdoing in the workplace.
		The UCL Policy on Public Interest Disclosure covers concerns which are in the public interest and which may need to be addressed separately, at least initially, even if other UCL policies and procedures are subsequently invoked as provided for under 4.2(ii).
		A disclosure may be declared malicious or vexatious at any stage of the procedure.
	www.ucl.ac.uk /hr/docs/public_interest_disclosure.php (1585 words)

	Public Interest Disclosure (Site not responding. Last check: 2007-11-06)
		This policy is intended to cover concerns which are in the public interest and may (at least initially) be investigated separately but might then lead to the invocation of such procedures.
		Similarly, if the disclosure is about the Secretary General, the Secretary to the Council should act in his place in close consultation with the Senior Vice-Chancellor.
		For example, if the initial disclosure was made to the Secretary to the Council then the subsequent disclosure might be made to the Chairman of the Audit Committee, the Senior Vice-Chancellor or the Pro-Chancellor.
	www.wales.ac.uk /newpages/internal/E2535.asp (1992 words)

	Public Interest Disclosure Act 1998 (Site not responding. Last check: 2007-11-06)
		Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
		It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public.
		Braille copies of this Act can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
	www.legislation.hmso.gov.uk /acts/acts1998/19980023.htm (312 words)

	DHHS, Tasmania - Agency - About Us - Public Interest Disclosures
		The Public Interest Disclosures Act 2002, which came into operation on 01 January 2004, applies to all State Services officers and employees, including those in the Department of Health and Human Services, Tasmania.
		The main objective of the Act is to encourage and facilitate the making of disclosures of improper conduct or detrimental action by public officers and public bodies.
		The act provides protection from reprisals for persons making those disclosures and establishes a system for the matters disclosed to be properly investigated and for rectifying action to be taken.
	www.dhhs.tas.gov.au /aboutus/publicdisclosure.php (550 words)

	The Public Interest Disclosure Act
		The Act protects workers from detrimental treatment or victimisation from their employer if, in the public interest, they blow the whistle on wrongdoing.
		For a disclosure to be protected by the Act’s provisions it must relate to matters that "qualify" for protection under the Act.
		It should be noted that where a worker is victimised for making a disclosure to the Charity Commission, any claim they may have under the Act is against his or her employer and not against the Commission.
	www.charity-commission.gov.uk /supportingcharities/pida.asp (844 words)

	Procedure for making a disclosure to Ofcom under the Public Interest Disclosure Act (PIDA) \| Ofcom
		The Act gives legal protection to employees against being dismissed or penalised by their employers as a result of disclosing information which is considered to be in the public interest.
		The principle of the Act is that where an individual discovers information which he or she believes to show malpractice or wrongdoing within their organisation that this information should be disclosed without fear of reprisal.
		However, the PIDA does not require you to have evidence before making a disclosure, but does say you must reasonably believe the information and any allegations in it are substantially true.
	www.ofcom.org.uk /about/accoun/pida (992 words)

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