Protected Disclosure

Thinking About Blowing The Whistle? - How To Make A Protected Disclosure

In accordance with the provisions of the Protected Disclosures Act 1994, the University has in place a procedure to protect and support staff who may wish to come forward with disclosures relating to:

• corruption
• maladministration
• serious and substantial waste of money

These terms are defined in full in the University’s Protected Disclosures Policy. While ‘corruption’ and ‘serious and substantial waste’ are concepts that are fairly well understood, ‘maladministration’ covers a very wide range of potential conduct with the test being that the conduct complained about is of a serious nature.

The foundation stone of the Act and the University’s Policy is the practical protection of persons (whistleblowers) who make disclosures.

How Does The Process Work?

Essentially a disclosure is made in confidence and it should show or tend to show that conduct of the kind mentioned above has occurred. This means that there needs to be some substance or evidence – not a mere allegation. It is important that the information provided is clear, accurate and factual. There are grounds on which a ‘disclosure’ can be rejected.

A protected disclosure can be made externally to ICAC (corruption issues), the NSW Ombudsman (maladministration), the NSW Auditor-General (serious and substantial waste of money) or the Police Integrity Commission (relating to police officers). However, within the University the disclosure must be made to the Protected Disclosure Co-ordinator (the DVC Corporate Services) or to the Vice-Chancellor. There are also staff members identified in the Policy as Disclosure Officers who are there to advise and assist staff (in strictest confidence) who may wish to make disclosures.

Once a disclosure has been received, the DVC Corporate Services or the Vice-Chancellor will make a determination about whether the matter appears to be a protected disclosure within the meaning of the Act, and then how the matter will be actioned or investigated. Note that it may be the case that while a matter is not deemed to be a protected disclosure that it should still be dealt with under other University procedures.

The confidentiality of the person making the disclosure will normally be protected through the process and not be revealed to the person who may be the subject of the disclosure. However, it may be that given the nature and circumstances of the event or action being reported that the identity of the person making the disclosure becomes apparent or can reasonably be deduced. Further, it may be necessary in fairness to the other person that the identity be revealed. If this is the case, the issues will be discussed with the person making the disclosure prior to any action being taken.

A person who makes a disclosure will be notified within six months of the action that has been taken with respect to the disclosure.

How Am I Protected?

The Act makes it an offence to take detrimental action against a person in reprisal for making a disclosure. The prime purpose is to protect whistleblowers from recrimination.

That principle will apply to the University’s handling of allegations and complaints generally but the Protected Disclosures Act provides a formal legal protection.

If some form of detrimental action is experienced, that should be reported at the first opportunity to the Disclosure Co-ordinator so that remedial action can be taken.

Where Can I Get More Information?

The University’s Protected Disclosures Policy can be accessed from the Policy DDS.

The policy contains the names and contact details of the Disclosure Officers who can assist with enquiries in confidence. 

For more information and available publications for downloading explaining protected disclosures, please see the NSW Ombudsman’s Office.

For the Protected Disclosures Act 1994, please see the NSW Parliamentary Counsel’s Office.