There are very strict legislative protections relating to disclosure of information about complaints and reports made to the OPI. If, after reading the below, you are still unsure about how these protections operate, please call the OPI or seek independent legal advice.
Public administration complaints and reports
The ICAC Act 2012 prevents anyone from disclosing or publishing certain information about a complaint or report to the OPI.
You must not disclose any information you have received in relation to a complaint, report, assessment, investigation, referral or evaluation under the ICAC Act.
You must also not publish or cause to be published the fact that someone has made (or intends to make) a complaint, or a particular person is the subject of a complaint.
This includes publishing in newspapers, on radio, television, the internet or other forms of social media, or at public meetings.
Breaching this obligation is a criminal offence under the ICAC Act and can attract a fine or a prison sentence.
Under the ICAC Act, you are allowed to:
- tell another person that you have made a complaint or report (in general terms)
- make a complaint or report to another agency or person (as long as you don't disclose any information you may have received from OPI or the ICAC)
- disclose correspondence you receive from the OPI or the ICAC for the purpose of obtaining legal advice/representation or obtaining medical or psychological assistance
- disclose information connected to your complaint or report to your employer, business partners or fiduciaries
- seek authorisation from the OPI to disclose the information.
