(1) The purpose of the Public Interest Disclosures Act 1994 is to ensure that public officials which includes University employees, who wish to make disclosures under the legislation receive protection from reprisals, and that the matters raised in the disclosures are properly investigated. (2) The Act aims to encourage and facilitate the disclosure - in the public interest - of corrupt conduct, maladministration, serious and substantial waste in the public sector, and government information contravention. This is achieved by: (3) This policy establishes an internal reporting system for the reporting of disclosures of: corrupt conduct; maladministration; serious and substantial waste of public money; or information contravention by Western Sydney University or its staff. The system enables such internal disclosures to be made to the disclosure coordinator or a nominated disclosure officer or to the principal officer, the Vice-Chancellor and President. This Policy should be read in conjunction with the Fraud and Corruption Risk Management Framework. (4) This policy is designed to complement normal communication channels between supervisors and staff. Staff are encouraged to continue to raise appropriate matters at any time with their supervisors, but as an alternative have the option of making a protected disclosure in accordance with this policy. (5) Four key concepts in the internal reporting system are 'corrupt conduct', 'maladministration', 'serious and substantial waste of public money', and 'information contravention'. Definitions of these concepts are outlined below. (6) For more information on the meaning of these terms refer to section 4 below and the NSW Ombudsman's Guideline "What Should be Reported" located under the Associated Information menu tab. (7) The University does not tolerate corrupt conduct, maladministration, serious and substantial waste of public money, or Government Information contravention. The University is committed to the aims and objectives of the Public Interest Disclosures Act. It recognises the value and importance of contributions of staff to enhance administrative and management practices and strongly supports disclosures being made by staff. (8) The University will take all reasonable steps to provide protection to staff who make such disclosures from any detrimental action in reprisal for the making of the disclosure. (9) The Public Interest Disclosures Act is designed to deal with disclosures about serious matters about public administration. A disclosure is not covered by the Act if: (10) Making a disclosure in accordance with the scheme in the Public Interest Disclosures Act gives staff the best chance of helping the University to remedy the situation. The scheme encourages all those involved to focus on the issues (not the people) involved. (11) This policy will also be applied by the University to disclosures made by staff in relation to its controlled entities but in recognition of the requirements of the Corporations Act placed on those entities. In like manner disclosures made by students and other non-employees will also be afforded protection from reprisals but it must be understood that non employees do not have the formal legal protection conferred under the Act. (12) You should report any wrongdoing you see within the University and the processes for this are outlined in the Fraud and Corruption Risk Management Framework. (13) Reports about the four categories of serious wrongdoing - corrupt conduct, maladministration, serious and substantial waste of public money, and information contravention - can be dealt with under the Public Interest Disclosures Act as protected disclosures where requested by the person making the disclosure according to this policy. (14) Corrupt conduct is the dishonest or partial exercise of official functions by a public official. For example, this could include: (15) Maladministration is conduct that involves action or inaction of a serious nature that is contrary to law, unreasonable, unjust, oppressive or improperly discriminatory or based wholly or partly on improper motives. For example, this could include: (16) Serious and substantial waste is the uneconomical, inefficient or ineffective use of resources that could result in the loss or wastage of public resources. For example, this could include: (17) An information contravention is a failure to properly fulfil functions under the Government Information (Public Access) Act 2009 (GIPA Act). For example, this could include: (18) For more information about these categories of wrongdoing, see the NSW Ombudsman's guideline on what can be reported. (19) Although reports about the four categories of conduct above can attract the specific protections of the Public Interest Disclosures Act, you should report all activities or incidents that you believe are wrong. (20) These types of issues should be reported to a supervisor or the relevant operational area of the University or in accordance with the processes outlined in the Complaint Handling and Resolution Policy. Even where the reports are not protected disclosures, the University will consider each matter and make every attempt to protect the staff member making the report from any form of reprisal. (21) The University will support any staff member who reports wrongdoing. For a report to be considered a protected disclosure, it has to meet all of the requirements of the Act which are that: (22) The positions to whom internal disclosures can be made in accordance with this policy are: (23) When a public interest (protected) disclosure is made by a person, the Disclosure Coordinator, a Disclosure Officer or the Vice-Chancellor and President (refer to Clause 32) will provide the person with a copy of this policy and as acknowledgement of the receipt of the disclosure within 45 calendar days of the making of it. (24) Where persons contemplating making a disclosure are concerned about publicly approaching the Disclosure Co-ordinator or a Disclosure Officer or the Vice-Chancellor and President, they can ring the relevant officer and request a meeting away from the workplace. (25) The internal reporting requirements of this Policy place responsibilities upon people at all levels within the University. The Internal Reporting System Flowchart outlines the framework for internal reporting and handling of protected disclosures. (26) Employees are encouraged to report known or suspected incidences of wrongdoing in accordance with this Policy. (27) All employees of the University have an important role to play in supporting those who have made legitimate disclosures. They must abstain from any activity that is or could be perceived to be victimisation or harassment of persons who make disclosures. Further, they should protect/maintain the confidentiality of persons they know or suspect to have made disclosures. (28) Any supervisor who receives a report which they believe may be a protected disclosure must refer the staff member making the report to the positions nominated in this Policy. (29) Nominated Disclosure Officers are responsible for receiving, forwarding and or acting upon disclosures in accordance with the Policy. Nominated Disclosure Officers will: (30) The Disclosure Co-ordinator has a pivotal position in the internal reporting system and acts as a clearinghouse for disclosures. The Disclosure Co-ordinator provides an alternative internal reporting channel to Nominated Disclosure Officers and to the Vice-Chancellor and President. (31) The Disclosure Co-ordinator must impartially assess each disclosure to determine whether the disclosure appears to be a protected disclosure within the meaning of the Act; and determines the appropriate action to be taken in relation to the disclosure, for example: (32) Disclosures may be made direct to the Vice-Chancellor and President, rather than by way of the internal reporting system established under this Policy. The Vice-Chancellor and President must impartially assess each disclosure to determine whether the disclosure appears to be a protected disclosure within the meaning of the Act; and determines the appropriate action to be taken in relation to the disclosure, for example: (33) Alternative avenues available to staff for making a protected disclosure under the Public Interest Disclosures Act (other than by means of the internal reporting system established under this Policy for the purpose of the Act), are to one of the investigating authorities under the Act (i.e. the ICAC, Ombudsman, Auditor General, the NSW Information Commissioner). (34) Disclosures may be made to a journalist or a Member of Parliament but will only be protected if certain conditions are met: (35) The rights of persons the subject of disclosures will also be protected. In this regard: (36) Disclosures will be investigated as discreetly as possible, with a strong emphasis on maintaining confidentiality both as to the identity of disclosing officers and the persons the subject of disclosures. The NSW Ombudsman provides guidance on the issue of protected disclosures and confidentiality and a copy of the brochure is available on the University's Protected Disclosure web page. (37) Where investigations or other inquiries do not substantiate disclosures, the fact the investigation/inquiry has been carried out, the results of the investigation/inquiry, and the identity of persons the subject of the disclosures will be kept confidential, unless the persons the subject of the disclosures request otherwise. (38) Persons who are the subject of disclosures (whether protected disclosures under the Act or otherwise) which are investigated by or on behalf of the University, have the right to: (39) Before any final decision/determination/report/memorandum/letter or the like is made; (40) The Act provides protection by imposing penalties on a person who takes 'detrimental action' against another person substantially in reprisal for a protected disclosure. Penalties can be imposed by means of fines and imprisonment. 'Detrimental action' means action causing, comprising or involving any of the following: (41) In any such proceedings the disclosing officer only need to show that he or she made a protected disclosure and suffered detrimental action. It then lies on the defendant to prove that the detrimental action shown to have been taken against the disclosing officer was not substantially in reprisal for the person making the protected disclosure. (42) Any member of staff who believes that 'detrimental action' is being taken against them substantially in reprisal for the making of an internal disclosure in accordance with this Policy should immediately bring the allegations to the attention of the Disclosure Coordinator or the Vice-Chancellor and President. If the allegation in some way implicates the Vice-Chancellor and President then the approach should be made to the Chancellor. (43) If a member of staff who made an internal disclosure feels that such reprisals are not being effectively managed within the University, they should contact the ICAC or the NSW Ombudsman. (44) If an external disclosure was made to an investigating authority, that body will either deal with the allegation or provide advice and guidance to the person concerned. (45) The Act provides that a person is not subject to any liability for making a protected disclosure and no action, claim or demand may be taken or made of or against the person for making the disclosure. This provision has effect despite any duty of secrecy or confidentiality or any other restriction on disclosure by a public official. (46) A person who has made a protected disclosure has a defence of absolute privilege in proceedings for defamation. (47) A person who has made a protected disclosure is taken not to have committed any offence against an Act which imposes a duty to maintain confidentiality with respect to any information disclosed. (48) It is important for staff to understand the nature and limits of the protection afforded under the Act. It is essentially a protection against reprisals that may be made against an employee because they have made a disclosure. It is not an indemnity against any wrongdoing on the part of the employee. (49) The Act requires investigating authorities, public authorities and public officials to whom protected disclosures are made or referred, not to disclose information that might identify or tend to identify the person who made the disclosures. The exceptions to the confidential requirement are where: (50) In all such cases the University will consult with the person who made the disclosure before such a decision is made. (51) A person who makes a protected disclosure must be notified, within six months of the disclosure being made, of the action taken or proposed to be taken in respect of the disclosure. If a disclosure is made in accordance with this Policy, the Disclosure Co-ordinator is responsible for the six month notification to the person who made the disclosure, unless this responsibility has been retained by or allocated to another officer by the Vice-Chancellor and President. (52) The notification provided to the person who made the disclosure should contain sufficient information to demonstrate that adequate and appropriate action was taken, or is proposed to be taken, in respect of the disclosure. This should include a statement of the reasons for the decision made on or action taken in response to the disclosure. (53) The notification should include sufficient information to enable the person who made the disclosure to make an assessment as to whether the circumstances listed in section 19(3)(a)-(c) of the Act (relating to disclosures to members of Parliament and journalists) apply, i.e. whether: (54) Without such information it would be difficult for the person to be able to properly assess whether it is appropriate or warranted to make a disclosure to an MP or journalist. (55) This Policy shall be reviewed periodically to ensure that it meets the object of the legislation, and facilitates the making of disclosures under the Act. (56) Guidance about protected disclosures can be accessed at the University's Protected Disclosures web page which contains links to the NSW Ombudsman's web site and from which the following Ombudsman's fact sheet documents can be accessed: (57) The University also has an Internal Reporting System flowchart available.Public Interest (Protected) Disclosures Policy
Section 1 - Purpose and Context
Section 2 - Definitions
Section 3 - Policy Statement
Section 4 - Procedures
What should be Reported
Corrupt Conduct
Maladministration
Serious and Substantial Waste of Public Money
Information Contravention
Other Wrongdoing
What Disclosures are Protected?
Reporting Under the Internal Reporting System
Part A - Roles and Responsibilities
Employees
Nominated Disclosure Officers
Disclosure Co-ordinator
Principal Officer
Part B - Alternative Avenues for Disclosures
Part C - Rights of Persons the Subject of Disclosures
Part D - Protection Available Under the Act
Protection Against Reprisals
Protection Against Actions
Confidentiality
Part E - Notification of Action Taken or Proposed
Part F - Review
Section 5 - Guidelines
View Current
This is not a current document. To view the current version, click the link in the document's navigation bar.