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B/8.3 Whistleblowers protection management policy |
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8.3.1 Object of the policy
8.3.1 Object of the policyThe Whistleblowers Protection Act 1994 (Qld) provides for the protection of employees of the University making "public interest disclosures" about unlawful, negligent or improper conduct in public sector organisations, or about danger to public health or safety or the environment. As a public sector entity established by an Act of the Queensland Parliament, QUT is subject to the Whistleblowers Protection Act and all University employees are public officers for the purposes of the legislation. The University, therefore, has obligations placed on it related to receiving public interest disclosures, and to ensure that persons making such disclosures are protected from reprisals. The Registrar has been appointed the responsible officer for receiving disclosures and acting on them. 8.3.2 Protected disclosuresThis policy applies to public interest disclosures within the meaning of the Whistleblowers Protection Act. A public officer (including a University employee) may make a public interest disclosure about
In addition, anybody can make a public interest disclosure about:
A person makes a public interest disclosure if they honestly believe on reasonable grounds that they have information that tends to show conduct or danger that falls within one of the above categories. If the information is about conduct or an event, it may be about conduct or an event that has (or may have) happened, is (or may be) happening or will (or may) happen. The disclosure may be about a person that is unknown. The Whistleblowers Protection Act only protects public interest disclosures that are made to an " appropriate entity " . The University is an appropriate entity for conduct concerning the University, a University employee or behaviour that the University has the power to investigate or remedy. Disclosures made otherwise than in accordance with this policy may not attract the protection of the Whistleblowers Protection Act. The Office of the Registrar can provide information and advice about making a public interest disclosure and the protection afforded by law to those who do so. University employees are encouraged to make an informed decision as to whether to make public interest disclosures and, if so, how best to make those disclosures. Giving intentionally false or misleading information in a public interest disclosure, or as part of the investigation into the disclosure, is an offence. It may also give rise to disciplinary action for misconduct or serious misconduct. 8.3.3 Making a disclosureA University employee may make a public interest disclosure to:
If a disclosure is made to another person at the University, the disclosure may not attract the protection of the Whistleblowers Protection Act. If a disclosure is made anonymously, it is difficult to protect the person making the disclosure from any retributive action or reprisal. As such, anonymous disclosures, although permitted under the Whistleblowers Protection Act, are discouraged. A disclosure should be in writing, although it may be made orally. If a supervisor receives a public interest disclosure, they should encourage the discloser to put the information in writing. It the discloser does not, the supervisor must promptly make a written note recording the precise matters raised and this should be referred to the Registrar (or to the Vice-Chancellor if the disclosure is about the Registrar). A person making a disclosure to an inappropriate entity is not protected from reprisal. Examples of inappropriate entitles include:
It is a criminal offence under the Whistleblowers Protection Act to make a disclosure which is intentionally false or misleading. The University encourages persons contemplating the making of a public interest disclosure to give due prior consideration to that course to ensure that matters raised have substance and are soundly based. 8.3.4 Assessment of disclosureWhen a disclosure is made to a supervisor, the supervisor must communicate the disclosure immediately to the Registrar (or, if the disclosure is about the Registrar, to the Vice-Chancellor). The Registrar will assess whether a disclosure is a " public interest disclosure " within the meaning of the Whistleblowers Protection Act and this policy. The Registrar may, where reasonable, communicate this determination to the discloser. 8.3.5 InvestigationThe assessment about whether the reported conduct constitutes a public interest disclosure and the determination of appropriate action to be taken will be determined by the Registrar on a case by case basis. If the Registrar determines that a disclosure is a public interest disclosure, in order to ensure the information is investigated and the discloser is protected from any retributive action, the Registrar may develop an investigation and protection plan in consultation with the discloser. The plan will address whether immediate action needs to be taken to halt the conduct or remedy the danger to which the public interest disclosure relates and will recommend action to be taken to avoid reprisals against the whistleblower. This should include an assessment of the whistleblower's involvement in any other dispute resolution procedures. The Registrar may consult with other relevant University officers (while maintaining the confidentiality of the person making the disclosure). The University may chose to appoint an internal or external investigator, as appropriate. However, the disclosure will not be referred outside the University without first consulting the discloser. Any personnel (whether internal or external to the University) involved in the investigation will be fully briefed on their obligations under the Whistleblowers Protection Act and this policy, and the consequences of any breach of the obligations. The Whistleblowers Protection Act allows the person making the disclosure to request information about the progress of any investigation, and any action taken on the disclosure. The University will provide such information where it is reasonable to do so. A determination that a disclosure is not a public interest disclosure may be reviewable under the Judicial Review Act 1991 (Qld). Care should be taken therefore to structure the written advice arising from the assessment to include the contents of the disclosure, material findings regarding the disclosure, evidence relied upon to support the material findings and reasons for any further action. 8.3.6 ReportOnce a disclosure has been investigated, a report of the investigation will be delivered to the Registrar. The report may contain recommendations for further action. Where reasonable the report (or an edited extract of the report) will be forwarded to the discloser. 8.3.7 ActionThe Registrar will decide what further action (if any) will be taken on the disclosure. 8.3.8 ConfidentialityThe University will, to the greatest extent possible, keep the disclosure and the identity of the discloser confidential. Obligations of natural justice and procedural fairness may require the information tending to reveal the identity of the discloser may be made available to other people (eg a person accused of serious misconduct). Such a disclosure will only be made where it is unlikely that a reprisal will be taken against the person making the disclosure. Breaching the obligation of confidentiality is an offence, and may also be misconduct or serious misconduct. 8.3.9 Record keeping and reportingAlthough public interest disclosures are required to be kept confidential, the University has some reporting and record-keeping obligations imposed on it, both under the Whistleblowers Protection Act and other Acts that prevail over this obligation of confidentiality. The Registrar must keep a record of all public interest disclosures or purported public interest disclosures received by the University. These records will be kept in the central records system as limited access files and will be strictly confidential. The Registrar is responsible for fulfilling the University's reporting obligations under the Whistleblowers Protection Act, which includes preparation of a report to be included in the University's Annual Report. The report must contain statistical information about the number of disclosures received by the University for the foregoing fiscal year and the number of disclosures substantially verified. The specific content of the disclosures, or the identity of disclosers are not included in this information. In some cases the Registrar may be bound to inform other agencies about the contents of a disclosure, such as the Crime and Misconduct Commission. In other cases, the Registrar may be of the view that it is appropriate for other agency staff to be informed. In all cases, the confidentiality of the identity of the person making the disclosure will be protected to the greatest extent permitted by law and the Registrar will (where practical) consult with the discloser before informing the other agency. 8.3.10 ReprisalsThe Whistleblowers Protection Act provides that a person must not cause, or attempt to conspire to cause, detriment to another person because, or in the belief that, anybody has made, or may make, a public interest disclosure. Such conduct is called a reprisal. Reprisals are not condoned or tolerated by the University. In addition to being an offence and a civil wrong, taking a reprisal may also be misconduct or serious misconduct. A person suffering a reprisal has legal protection under Part 5 of the Whistleblowers Protection Act . Any information about reprisals at the University should immediately be referred to the Registrar. Any such information is a public interest disclosure and will be to be treated in accordance with this policy. 8.3.11 Further informationFurther advice about this policy can be obtained from the Office of the Registrar or the Director, Assurance and Risk Management Services. Related DocumentsMOPP B/8.1 Code of Conduct MOPP B/8.2 Official misconduct MOPP B/8.5 Disciplinary action for misconduct and serious misconduct - senior staff QUT Enterprise Bargaining Agreement (Academic Staff) , clause 44 QUT Enterprise Bargaining Agreement (Professional Staff) , clause 49 Modification History
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