Your personal information will be managed carefully in line with relevant legislation.
There are legislative provisions that prevent information being published that might identify a person who has made a complaint or report.
Sharing details with other agencies
If we need to refer your complaint or report to another agency for investigation, it might be necessary for us to provide your personal details so they can deal with the matter.
These agencies may include:
- Ombudsman SA
- the Independent Commission Against Corruption
- Judicial Conduct Commissioner
- South Australia Police.
We will speak to you first about this and take your views into consideration before deciding whether to provide your details.
There are some circumstances where your identity can be disclosed without your consent, including:
- where there is a threat to your safety or wellbeing
- where your evidence may be essential in the investigation of a serious instance of corruption, misconduct or maladministration.
Anonymous complaints and reports
We encourage anyone making a complaint or report to provide us with their name and contact details.
Anonymous complaints and reports are more difficult to assess because we cannot come back to you for more information. We are also unable to inform you of the outcome.
- Members of the public have a right to make an anonymous complaint.
- Public officers should provide their name and contact details when making a report.
There are protections in place for people making a complaint or report to the OPI.
Under the Police Complaints and Disclosure Act 2016, a person must not prevent, hinder or obstruct another person from making a complaint or report.
Under the ICAC Act 2012, it is also an offence to victimise someone because they have made a complaint or report to the OPI.
There are legal avenues available under the Equal Opportunity Act 1984 (or the Police Complaints and Disclosure Act 2016) if you believe you have been victimised.
Protections also exist for informants under the Public Interest Disclosure Act 2018 related to confidentiality, immunity from liability and victimisation.