PROTECTED DISCLOSURES POLICY
What is a Protected Disclosure
A protected disclosure is a declaration made by an employee where they believe serious wrongdoing has occurred. Employees making disclosures will be protected against retaliatory or disciplinary action and will not be liable for civil or criminal proceedings related to the disclosure.
Definition of Serious Wrongdoing
Serious wrongdoing for the purposes of this policy includes any of the following:
q Unlawful, corrupt, or irregular use of public funds or resources
q An act or omission or course of conduct:
- which seriously risks public health or safety or the environment; or
- that constitutes an offence; or
- that is oppressive, improperly discriminatory, grossly negligent or constitutes gross mismanagement; or
- constitutes serious risk to the maintenance of law.
Conditions for Disclosure
Before making a disclosure the employee should be sure the following conditions are met:
q the information is about serious wrongdoing in or by the school; and
q the employee believes on reasonable grounds the information to be true or is likely to be true; and
q the employee wishes the wrongdoing to be investigated; and
q the employee wishes the disclosure to be protected.
Who can make a disclosure
Any employee of the school can make a disclosure. For the purpose of this policy an employee includes:
q Current employees and principal
q Former employees and principals
q Contractors supplying services to the school.
Protection of employees making
disclosures
An employee who makes a disclosure and who has acted in accordance with the procedure outlined in the policy:
q may bring a personal grievance in respect of retaliatory action from their employers;
q may access the anti-discrimination provisions of the Human Rights Act in respect of retaliatory action from their employers;
q are not liable for any civil or criminal proceedings, or to a disciplinary hearing by reason of having made or referred to a disclosure;
q will, subject to Clause 5 of the Procedure, have their disclosure treated with the utmost confidentiality.
The protections provided in this section will not be available to employees making allegations they know to be false or where they have acted in bad faith.
Procedure
Any employee of St Patrick’s School who wishes to make a protected disclosure should do so using the following procedure.
1.
How to submit a
disclosure
The employee should submit the disclosure in writing to the Principal who has been nominated by the Board of St Patrick’s school under provision of Section 11 of the Protected Disclosure Act 2000 for this
OR
If you believe that the Principal is involved in the wrongdoing or has an association with the person committing the wrongdoing that would make it inappropriate to disclose to them, then you can make the disclosure to the Chair of the Board.
2.
Information to be
contained
The disclosure should contain detailed information including the following:
q the nature of the serious wrong doing
q the name or names of the people involved.
3.
Decision to investigate
On receipt of a disclosure the Board Nominee must within 20 working days examine seriously the allegations of wrongdoing made and decide whether a full investigation is warranted. If warranted a full investigation will be undertaken by the Board Nominee arranged by him/her as quickly as practically possible, through an appropriate authority.
4.
Protection of disclosing
employees name
All disclosures will be treated with the utmost confidence. When undertaking an investigation and when writing the report, the Board Nominee will make every endeavour possible not to reveal information that can identify the disclosing person, unless the person consents in writing or if the person receiving the protected disclosure reasonably believes that disclosure of identifying information is essential:
q to ensure an effective investigation
q to prevent serious risk to public health or public safety or the environment
q to have regard to the principles of natural justice.
5. Report of investigation
At the conclusion of the investigation the Board Nominee will prepare a report of the investigation with recommendations for action if appropriate, which will be sent to the Board of Trustees.
6.
Disclosure to an
appropriate authority in certain circumstances
A disclosure may be made to an appropriate authority (including those listed below) if the employee making the disclosure has reasonable grounds to believe:
q the Chair person in the school responsible for handling the complaint is or may be involved in the wrongdoing; or
q immediate reference to another authority is justified by urgency or exceptional circumstance; or
q there has been no action or recommended action with 20 working days of the date of disclosure.
Appropriate Authorities include (but not limited to)
q Commissioner of Police
q Controller and Auditor General
q Director of the Serious Fraud Office
q Inspector General of Intelligence and Security
q Ombudsman
q Parliamentary Commissioner for the Environment
q Police Complaints Authority
q Solicitor General
q State Service Commissioner
q The Head of any public sector organisation.
7.
Disclosure to Ministers
and Ombudsman
A disclosure may be made to a Minister or an Ombudsman if the employee making the disclosure;
q Has made the same disclosure according to the internal procedures and clauses of this policy.
q Reasonably believes that the person or authority to whom the disclosure was made:
- decided not to investigate; or
- has decided to investigate but not made progress with the investigation within reasonable time; or
- has investigated but has not taken or recommended any action; and
- continues to believe on reasonable grounds that the information disclosed is true or is likely to be true.
Adopted
Reviewed 23/08/2006