ACT public servants have a poor understanding of the public interest disclosure process and the system needs an overhaul, a review has suggested.
The review found the territory's public servants rarely engaged in public interest disclosures with only about 10 reports made on average each year.
The public sector standards commissioner should take over responsibility for investigating the disclosures from the integrity commissioner, the legislative review recommended.
The review said there were concerns public servants did not understand the disclosure framework.
"Stakeholders raised only a few significant issues arising from the current public interest disclosure framework," the review said.
"The key issue raised was that the reporting process and requirements are complex and senior executives felt that staff understood them poorly."
The Public Interest Disclosure Act creates a statutory scheme to encourage the disclosure of improper conduct or wrongdoing, such as fraud, corruption, waste and abuse of office.
The legislation also offers protections to public servants who report these matters.
But the review said feedback from public servants suggested they reported matters internally as they felt they did not need the protections offered by the act.
"Feedback from ACTPS staff indicated a belief that most public servants would report matters using internal means other than through the formal PID framework, as they may not see the need for formal protections, nor contemplate the public reporting options the framework provides," the review said.
The review of the Public Interest Disclosure Act took place alongside a review into the Integrity Commission Act.
Since the commission was established in 2019 it had taken responsibility for investigating disclosures but the reviews, conducted by former Australian government solicitor Ian Govey, recommended the public sector standards commissioner take charge of disclosures.
The review said the disclosures added to the workload of the commission and it found in many cases the Integrity Commission will refer the disclosures back to their ACT public service for investigation unless corrupt conduct is involved.
This often resulted in "lengthy processing times before an investigation can commence".
"This review considered that for the commission to retain responsibility for PIDs would be inconsistent with the proposal to reduce the assessment, referral and oversight workload of the commission, which directs resources away from investigating serious or systemic corrupt conduct and is misaligned with its extensive coercive powers", Mr Govey's review said.
The review showed there were eight public interest disclosures to the Integrity Commissioner in the 2022-23 year but none of these were found to have corrupt conduct.
The review said the independence of the public sector standards commissioner meant it was an appropriate body to handle disclosures and foster the trust of people who disclose.
The review also made recommendations around enhancing accountability and encouraging whistleblowing.
Mr Govey's review of the integrity commission legislation recommended the commission's scope should be limited to investigating only serious or systemic corruption.
"The Review concluded that limiting the Commission's jurisdiction to serious and systemic corrupt conduct would align more appropriately with the covert and coercive powers," Mr Govey's review said.
