The purpose of the Protected Disclosure Act 2012 ("Act") and this policy is to encourage and facilitate the making of disclosures of improper conduct by public officers and public bodies, including SV, its staff, Board members and employees.
A person (i.e. not organisation or company) may make a disclosure under the Act. The person may come from within the organisation, or any member of the public externally.
A disclosure can be made about public officers and public bodies, including Sustainability Victoria ("SV"), its staff, Board members and employees.
On 10 February 2013, Act came into operation, replacing the Whistleblowers Protection Act 2001. SV is a public body subject to the Act.
Act means Protected Disclosure Act 2012
IBAC means the Independent Broad-based Anti-corruption Commission
Protected Disclosure Procedures means the procedures established by SV to facilitate and encourage the making of disclosures under the Act, and how SV will manage the welfare of persons connected with protected disclosures, as required under the Act.
SV means Sustainability Victoria
Protected Disclosure Act 2012
6. Policy Statement
SV is committed to the aims and objectives of the Act. It recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal improper conduct. It does not tolerate improper conduct by the organisation, its employees, officers or Board members, nor the taking of detrimental action in reprisal against those who come forward to disclose such conduct.
7. What can disclosures be made about?
Disclosures may be made about "improper conduct" on the part of a public body or its staff, employees and Board members. Disclosures may also be made about "detrimental action" taken (or suspected may be taken) in reprisal or in connection with a disclosure made about improper conduct.
The conduct or action being disclosed may have taken place, still be occurring, or is believed will occur or be engaged in.
The Act provides definitions about improper conduct and detrimental action. For more information about what those terms mean, see SV's Protected Disclosure Procedures (see further below "how to make a disclosure" about how to access or obtain a copy of those procedures).
8. Who can make a disclosure?
Any individual natural person (e.g., not organisation or company) may make a disclosure under the Act. The individual could be a person within the organisation, or any member of the public externally.
Disclosures may be made in a number of ways set out in the Act, including anonymously, in writing or orally. A discloser need not identify the person or body about whom the disclosure is made.
9. How to make a disclosure
According to the Independent Broad-based Anti-corruption Commission ("IBAC"), SV is not permitted to receive disclosures made under the Act. Therefore, if you wish to make a disclosure about SV, its officers, Board members or employees, you will need to make that disclosure directly to the IBAC. If SV believes a disclosure may be a protected disclosure made in accordance with the Act, it will ask you to make that disclosure to the IBAC. The IBAC will deal with the disclosure.
10. Role of SV
It is important to note that the IBAC is not required to contact SV about any disclosure you make so you should not discuss any disclosure you make to the IBAC with SV or any person in SV unless you have first obtained the permission of the IBAC to do so, or unless the IBAC has directed you to do so, or the IBAC has contacted SV to provide it with information in order to allow SV to provide you with any necessary welfare and support.
As required under the Act, SV has established procedures to facilitate and encourage the making of disclosures under the Act, and how SV will manage the welfare of persons connected with protected disclosures ("Protected Disclosure Procedures"). SV's Protected Disclosure Procedures are available at www.sustainability.vic.gov.au or by inspection during normal office hours of SV at 28/50 Lonsdale Street Melbourne.
If you are not able to access an online copy or would like a copy sent to you, please contact the Protected Disclosures Coordinator on 8626 8700 or firstname.lastname@example.org so we can provide you a copy of our Protected Disclosure Procedures.
SV takes its obligations under the Act seriously. This includes the requirement to protect the identity of the discloser and the matters disclosed by a discloser. Maintaining confidentiality in relation to protected disclosure matters is crucial, among other things, in ensuring reprisals are not made against a discloser. It is a criminal offence under the Act to disclose information connected with a disclosure made in accordance with the Act, including the identity of the discloser. The penalties for breaching confidentiality obligations include financial penalties and imprisonment.
12. For more information
For more information about protected disclosures or the Victorian integrity system generally, also see http://www.ibac.vic.gov.au/report-corruption-or-misconduct/protected-disclosure.
In addition, you can find out more information about our general complaints handling process from:
SV Customer Service Officer
Level 28, 50 Lonsdale Street
or by email at email@example.com.
Our Complaints Management Policy and Procedures are available at www.sustainability.vic.gov.au.