Protected Disclosure

1. Definition of a Protected Disclosure of Information

A protected disclosure is a declaration made by an employee where they believe serious wrongdoing has occurred. Employees making disclosures in accordance with the Protected Disclosures Act 2000 will be protected against retaliatory or disciplinary action and will not be liable for civil or criminal proceedings related to the disclosure. 

2. Definition of a serious wrongdoing

It may include any of the following:

• Unlawful, corrupt, or irregular use of public funds or resources

• An act or omission or course of conduct:

  1. which seriously risks public health or safety of the environment, or that constitutes an offence

  2. that is oppressive, improperly discriminatory, grossly negligent or constitutes gross mismanagement

  3. that constitutes serious risk to the maintenance of law

3. Conditions for Disclosure

Before making a disclosure the employee should be sure the following conditions are met

• 1. the information is about serious wrongdoing by a person employed or associated with the school

  2. the employee believes on reasonable grounds the information to be true or is likely to be true

  3. the employee wishes the wrongdoing to be investigated

  4. the employee wishes the disclosure to be protected

4. Who can make a Disclosure

Any employee of the school can make a disclosure.  For the purposes of this procedure an employee includes:

• 1. current employees and principal

  2. former employees and principal

  3. Service providers to the school 

5. Protection of Employees making Disclosures

An employee who makes a discloser and who has acted in accordance with procedures outlined above:

• may bring a personal grievance in respect of retaliatory action from their employers

• may access the anti-discriminatory provisions of the Human Rights Act in respect of retaliatory action from their employers

• are not liable for any civil or criminal proceedings or to a disciplinary hearing by reason of having made or referred a disclosure

• will, subject to clause 5 of the procedure, have their disclosure treated with  the utmost confidentiality

The protection provided in this section will not be available to employees making allegations they know to be false or where they have acted in bad faith

6. How to submit a Disclosure

• the employee should submit the disclosure in writing in the form of a signed letter

7. Information to be Contained

The disclosure should contain detailed information including:

1. the nature of the wrongdoing

2. the name or names of people involved

3. the dates, time and place

8. Where to send the Disclosure

The disclosure should be sent in writing to the Presiding Member of the Southland Adventist Christian School Board for this purpose.  However if you believe that the person appointed as Presiding Member is involved in the wrongdoing or is associated with the person doing the offence that would make it inappropriate for you to disclose to them, you may contact the Education Director of the Seventh-day Adventist Education Department in Auckland.  The address and details may be found in the secretary’s office.

9. Decision to Investigate

On receipt of a disclosure, the Presiding Member or Education Director, must within 7 working days examine the allegation and decide whether a full investigation is warranted.  If it is deemed to be justified a full investigation will then be undertaken by the Presiding Member or Education Director or person(s) so appointed by the aforementioned persons

10. Protection of disclosing employees identity

All disclosures will be treated with the utmost confidence.  When undertaking an investigation and when writing the report, every endeavour possible will be made not to reveal information that can identify the disclosing person, unless the person consents in writing or if the investigator reasonably believes that disclosure of information is essential to:

1. ensure an effective investigation

2. prevent serious risk to public health or safety, or the environment

3. have regard to the principle of natural justice

11. Report of Investigation

At the conclusion of the investigation the Presiding Member will present a report to the employer making the disclosure, the outcome of the investigation

If the investigation has been given to persons other than the Presiding Member then a report will be prepared by the investigators and will be sent to the Presiding Member or Education Director at the discretion of the investigators

12. Disclosure to a appropriate authority under certain circumstances

A disclosure may be made to an appropriate authority if the employee making the disclosures believes that:

1. The person handling the complaint is or may be involved in the wrongdoing

2. It is justified by urgency or exceptional circumstances

3. There has been no action in the recommended 7 working days of the date of the disclosure

13. Authorities

• Commissioner of Police

• Controller and Auditor General

• Director of the Serious Fraud Office

• Solicitor General

• Health and Disability Commissioner