Whistleblowers Protection Policy
- The Whistleblowers Protection Act (Victoria) 2001:
- Definitions
- Protected Disclosures
- How to Disclose at the University
- Whom to Disclose to at the University
- What the Protected Disclosure Officer Does
- What Happens Next
- Determining a Public Interest Disclosure
- Protecting the Whistleblower
- Investigation
- Criminal Offences
This is the University's Whistleblowers Protection Policy and a summary of the University's procedures for handling protected disclosures and protecting whistleblowers.
Policy
In 2001 the Victorian Parliament passed the Whistleblowers Protection Act. The purposes of the Act are:
- To encourage and facilitate disclosures of improper conduct by public officers and public bodies; and
- To provide protection for:
- persons who make those disclosures; and
- persons who may suffer reprisals in relation to those disclosures; and
- to provide for the matters disclosed to be properly investigated and dealt with
The Act makes it a criminal offence to reveal the identity of a whistleblower or to take detrimental action in reprisal against a whistleblower.
The University is committed to the aims and objectives of the Whistleblowers Protection Act 2001. It neither tolerates improper conduct by University staff and Council members, nor the taking of reprisals against those who come forward to disclose such conduct.
The University recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.
The University will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to all parties including the person who is the subject of the disclosure.
Under Section 68 of the Act, public bodies are required to establish detailed procedures to facilitate the making of disclosures, for protecting whistleblowers and for investigating disclosures. The University's detailed procedures are also available.
The procedures do not replace existing University grievance procedures.
The procedures are to be used only when a student, member of staff or member of the public wishes to make a disclosure about improper conduct or about detrimental action taken against a whistleblower, and seeks the protections afforded by the Act.
Disclosures may be made directly to the Ombudsman. Contact details for the Ombudsman are:
Victorian Ombudsman
Level 9
459 Collins Street
Melbourne 3000
ombudvic@ombudsman.vic.gov.au
(03) 9613 6222
1800 806 314
1. The Whistleblowers Protection Act (Victoria) 2001
- Encourages and facilitates making disclosures of improper conduct by public bodies and officers
- Sets up a system for investigating allegations
- Provides protection for the person making the disclosure
2. Definitions
- Protected Disclosure
- an allegation of improper conduct or detrimental action made to the University about an officer, member of staff or member of Council that fulfils the requirements of Part 2 of the Act (see 3 below)
- Public Interest Disclosure
- a protected disclosure where there is prima facie evidence of improper conduct or detrimental action
- Improper Conduct
- conduct that is:
- corrupt;
- a substantial mismanagement of public resources;
- a substantial risk to public health;
- a substantial risk to the environment
The conduct must be serious enough that if proven would constitute a criminal offence or reasonable grounds for dismissal.
- Corrupt Conduct
- conduct that:
- adversely affects honest performance of functions;
- is dishonest or impartial performance of functions;
- is a breach of public trust;
- is misuse of information or material;
- is a conspiracy to do any of these things
- Detrimental Action
- action taken against a whistleblower in reprisal for making a disclosure
- Protected Disclosure Officer
- a senior member of University staff designated to take and assess protected disclosures
- Protected Disclosure Co-ordinator
- a senior member of University staff designated to:
- take and assess protected disclosures;
- determine public interest disclosures;
- appoint a welfare manager;
- oversee University investigations
- Investigation
- an enquiry into the allegations in a disclosure, carried out by the Ombudsman or carried out by the University at the Ombudsman's request
- Welfare Manager
- a person appointed by the Protected Disclosure Co-ordinator to ensure that a person who has made a protected disclosure has the protections given by the Act
3. Protected Disclosures
The Act calls disclosures made in accordance with Part 2 of the Act Protected Disclosures . To be a Protected Disclosure it must:
- Be made by an individual (not by a group or through a representative)
- Be about improper conduct or about detrimental action taken against a whistleblower
- Be made to the organisation where the improper conduct or detrimental action is alleged to have taken place
- Be based on reasonable grounds (must have supporting facts or circumstances)
Only disclosures that fulfil all these criteria are protected disclosures and entitle the whistleblower to the protections of the Act.
4. How to Disclose at the University
For a disclosure to be a protected disclosure, the Act requires that it be made to the organisation that it concerns. It may be made orally or in writing and it may be anonymous.
It is not possible however to keep an anonymous whistleblower informed of decisions and progress of investigations, or to ensure their protection under the Act.
5. Whom to Disclose to at the University
A disclosure may be made to any member of University staff or Council. The University has set up detailed procedures for dealing with protected disclosures, and these include Protected Disclosure Officers and a Protected Disclosure Co-ordinator. Whistleblowers are encouraged to make their disclosures directly to one of these people. If a disclosure is made to any other member of staff or to a member of Council, it must be referred immediately by that staff member or member of Council to a Protected Disclosure Officer or to the Co-ordinator.
The Protected Disclosure Officers are:
- Vice-Principal & Academic Registrar
- Vice-Principal (Human Resources)
- Deputy Vice-Chancellor (Research)
- President Academic Board
- Head of University Services
- Pro Vice-Chancellor (Teaching, Learning and Equity)
The Protected Disclosure Co-ordinator is:
- Senior Vice-Principal
6. What the Protected Disclosure Officer Does
The Protected Disclosure Officer decides whether the disclosure fulfils the requirements to be a protected disclosure.
- If it is a protected disclosure, the whistleblower will be advised of the next steps in the process
- If it is not a protected disclosure, the whistleblower will be advised of other procedures that might be used to complain, and of their right to appeal to the Ombudsman about the decision
7. What Happens Next
Once a disclosure has been defined as a protected disclosure, two processes begin to operate. One is for determining whether the disclosure is a public interest disclosure, and one is for protecting the whistleblower.
8. Determining a Public Interest Disclosure
The Protected Disclosure Officer will refer any protected disclosure to the Protected Disclosure Co-ordinator who will decide whether it is a public interest disclosure. This must be decided within 45 days of the disclosure being made. It requires more evidence, so in making the decision, the Co-ordinator may question the whistleblower and make discreet enquiries.
A public interest disclosure is about a public officer who:
- Has engaged, is engaging or proposes to engage in improper conduct in their capacity as a public officer; or
- Has taken, is taking or intends to take detrimental action against a whistleblower
If the disclosure is a public interest disclosure, the Co-ordinator will:
- Notify the whistleblower
- Refer the disclosure to the Ombudsman within 14 days for confirmation
If the disclosure is not a public interest disclosure, the Co-ordinator will:
- Notify the whistleblower within 14 days
- Decide how the allegation will be investigated at the University
- Notify the whistleblower of their right to have the disclosure referred to the Ombudsman for a formal determination, the request to be made within 28 days
9. Protecting the Whistleblower
Once a disclosure is assessed as a protected disclosure, the Protected Disclosure Co-ordinator will appoint a welfare manager who will:
- Provide for the immediate welfare and protection needs of the whistleblower
- Advise the whistleblower of their legal rights
- Listen and respond immediately to any concerns about reprisals for making a disclosure
- Keep notes of all meetings and actions
The protected disclosure status is not affected by whether or not the disclosure is a public interest disclosure. A whistleblower is still entitled to protection under the Act, and a welfare manager will still be appointed.
10. Investigation
If the Ombudsman agrees that the disclosure is a public interest disclosure, he may investigate it himself or refer it back to the University for investigation. If the University investigates, the whistleblower will be kept informed of:
- The progress of the investigation
- Relevant timelines
- The findings of the investigation
- Any action taken
- Their right to request that the Ombudsman take over the investigation if they have reasonable grounds to be dissatisfied with the way the University is investigating
11. Criminal Offences
The Act establishes four criminal offences which incur substantial penalties:
- To take or threaten to take reprisals against a whistleblower (240 penalty units/2 years imprisonment/both)
- To breach confidentiality (60 penalty units/6 months imprisonment/both)
- To obstruct the Ombudsman (240 penalty units/2 years imprisonment/both)
- To knowingly provide false information (240 penalty units/2 years imprisonment/both)