Important note about confidentiality
Whilst the Commission will have regard to all confidentiality requests, there are limited situations where the Commission may need to share information, such as:
- significant concerns about a child's health and safety, including Significant concerns regarding the health and safety of a child, including evidence of certain crimes against a child;
- evidence of corrupt conduct or serious wrongdoing by a public official; and
- significant concerns about a person’s safety if there is a risk of harm to themselves or to another person
If you are concerned about this, please contact us at info@childsafetyinquiry.qld.gov.au for a confidential discussion.
Sharing information with the Commission: for people who work in the child safety sector
Can my employer dismiss me if I give evidence?
No, absolutely not. The law specifically prevents employers from dismissing or prejudicing any employee who appears before or gives evidence to the Commission.
I work in the child safety sector - what if the Commission requests information from me?
Many people engage with us voluntarily. If we request information from you, it's usually because you can help us understand the system better.
You are protected by law when providing information to the Commission, even in informal circumstances. We recognise that some legislation such as the Child Protection Act 1999 (Qld) and the Youth Justice Act 1992 (Qld) include confidentiality obligations. However, under the Commissions of Inquiry Act 1950 (Qld), certain provisions override these requirements. This means you are legally permitted to provide information to a Commission, even if it would normally be confidential under those Acts.
Your contract of employment or your organisation's funding agreements or service contracts may have confidentiality clauses. However, the powers under the Commissions of Inquiry Act 1950 (Qld) also override these contractual confidentiality obligations.
Public sector employees can seek advice or assistance from their agencies, unless the Commission specifically instructs you not to. You can also communicate confidentially with the Commission if you wish.
If you have concerns about privacy or workplace obligations:
You can ask us to issue a 'Notice to Produce' - a formal legal notice that:
- requires you to provide specific documents or statements by a set date
- can be served in person or electronically
- overrides any confidentiality obligations you may have to your employer, professional duties or under legislation.
Have questions about this process? Contact our Executive Director at info@childsafetyinquiry.qld.gov.au
What power does the Commission have to require evidence?
The Commissioner has broad legal powers to conduct a thorough and independent inquiry, including the authority to:
- summon people to appear and give evidence
- require documents or other materials in your possession
- require attendance at specific times and places to answer questions
- request written information within specified timeframes.
These powers override other laws or confidentiality agreements.
Do I have the right to remain silent?
That depends. You cannot refuse to answer questions or produce records in a commission of inquiry if the Commissioner requires you to do so, unless you have a reasonable excuse. See Practice Guideline No.2 (PDF, 254.6 KB) for information relating to a claim of reasonable excuse.
What about future legal proceedings?
You are protected. Any statement or evidence you give to the Commission cannot be used against you in future civil or criminal proceedings.
The purpose of the Commission is to identify systemic issues to Queensland’s child safety system and recommend reforms to that system. While any evidence of individual wrongdoing will be considered, the Inquiry’s focus is on strengthening the system for the future, rather than re-examining past matters in detail, although individual case studies may be used for the purpose of identifying and highlighting systemic issues and the need for any reform.
Do I need a lawyer?
You do not need a lawyer to make a submission to the Commission. If you are subject to a compulsory notice issued by the Commissioner, it is a matter for you whether you wish to seek legal advice or representation. If you are a public sector employee and think you need legal advice, you can ask to speak with your agency’s lawyers or you can seek an approved indemnity to fund your own separate legal representation.
Am I a whistleblower?
Often referred to as ‘whistleblowing’, providing information about wrongdoing in the public sector is formally known as ‘making a public interest disclosure (PID)’ under the Public Interest Disclosure Act 2010 (Qld) (the PID Act).
The purpose of the PID Act is to:
- promote the public interest by facilitating public interest disclosures of wrongdoing in the public sector
- ensure that public interest disclosures are properly assessed and, when appropriate, properly investigated and dealt with
- ensure that appropriate consideration is given to the interests of persons who are the subject of a public interest disclosure
- afford protection from reprisals to persons making public interest disclosures.
Any person, including a public sector officer, can make a public interest disclosure to a Commission of Inquiry about:
- substantial and specific danger to the health or safety of a person with a disability
- the conduct of another person that could be a reprisal after making a public interest disclosure.
A public sector officer can also make a public interest disclosure to a Commission of Inquiry about:
- corrupt conduct
- maladministration that adversely affects a person's interests in a substantial and specific way
- a substantial misuse of public resources
- a substantial and specific danger to public health or safety.
Am I a public sector officer?
A ‘public sector officer’ is anyone who holds a position of responsibility in a public sector entity, including government employees, elected officials, statutory office holders, and members of government boards or committees.
What protections do I have if I provide information to the Commission?
The Commission recognises the importance of public sector officers bringing forward information about the child safety system and where things have gone wrong in the past. Under the PID Act a public sector officer (discloser) receives the following protections:
- Confidentiality – your name and other identifying information will be protected to the extent possible
- Protection against reprisal – you are protected from unfair treatment by your employer or its employees as a result of making the PID
- Immunity from liability – you cannot be prosecuted for disclosing the information, but you are not exempt from legal action if you have engaged in wrongdoing
- Protection from defamation – you are protected from a defamation action in relation to the disclosure.
Can I make a disclosure about something that hasn’t happened yet?
Yes, you can. A person can make a PID about:
- Events that have happened or may have happened
- Events that are happening
- Events that will or may happen.
Do I need legal advice?
It is not a legal requirement when making a PID that you have first obtained legal advice. It is a matter for the individual person as to whether to obtain need legal advice before engaging with the Commission or providing information.
Please note: The Commission cannot provide you with legal advice.
Is there support available if I make a PID?
The Commission recognises that making a PID may be difficult or challenging.
Public sector officers may be able to access professional counselling and wellbeing support through your agency’s Employee Assistance Program (EAP).
The Queensland Ombudsman can also provide information and advice for people who are considering making or have made a PID.
For more information or to contact the Commission, visit our website or email us directly.
