Whistleblower's Protection

Principles

The Whistleblowers Protection Act encourages and facilitates the making of disclosures of improper conduct by public officers and public bodies. The Act provides protection to whistleblowers that make disclosures in accordance with the Act, and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.

Sustainability Victoria is committed to the aims and objectives of the Whistleblowers Protection Act.  It does not tolerate improper conduct by its employees, nor the taking of reprisals against those who come forward to disclose such conduct. The protected disclosure coordinator is responsible for ensuring whistleblowers are protected from direct and indirect detrimental action.

Sustainability Victoria 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.

Definitions

A whistleblower is any person who believes on reasonable grounds that a public officer or public body has engaged in or proposes to engage in improper conduct or reprisals against a whistleblower and who makes a disclosure in accordance with the Act about that improper conduct, or reprisal with a view to the matter being investigated and appropriate action being taken.

Improper conduct means:

• conduct that is corrupt; or
• a substantial mismanagement of public resources;
• conduct involving substantial risk to public health or safety; or
• conduct involving substantial risk to the environment.

The Act requires that the above conduct would, if proven, be serious enough to constitute a criminal offence or reasonable grounds for dismissal.

A disclosure must contain the essential elements of a protected disclosure which must satisfy the following criteria:

• a natural person (that is, an individual person rather than a corporation) is making the disclosure;
• the disclosure relates to conduct of a public body or public officer acting in their official capacity;
• the alleged conduct is either improper conduct or detrimental action taken against a person in reprisal for making a protected disclosure; and
• the person making a disclosure has reasonable grounds for believing the alleged conduct has occurred.

Reporting

Disclosures of improper conduct or detrimental action by Sustainability Victoria or its employees may be made to the Sustainability Victoria Protected Disclosure Coordinator:

Ms Jan Trewella

Deputy Chief Executive Officer

Level 28, Urban Workshop

50 Lonsdale Street

Melbourne Vic 3000

Ph: (03) 8626 8848

Email: jan.trewella@sustainability.vic.gov.au
 
A disclosure about improper conduct or detrimental action by Sustainability Victoria or its employees may also be made directly to the Ombudsman:

Mr George Brouwer

Ombudsman Victoria

Level 9, North Tower

459 Collins Street

Melbourne Victoria 3000

(DX 210174)

Tel: 9613 6222 or Toll Free: 1800 806 314

Internet: www.ombudsman.vic.gov.au
 
Email: ombudvic@ombudsman.vic.gov.au

Investigation

The protected disclosure coordinator will appoint an investigator to carry out the investigation.

The objectives of an investigation will be to:

• collate information relating to the allegation as quickly as possible.  This may involve taking steps to protect or preserve documents, materials and equipment;
• consider the information collected and to draw conclusions objectively and impartially;
• maintain procedural fairness in the treatment of witnesses and the person who is the subject of the disclosure; and
• make recommendations arising from the conclusions drawn concerning remedial or other appropriate action.

Top | Last updated 23/07/2009