NAG 6: LEGISLATION

TRENTHAM SCHOOL STATEMENT OF INTENT

PROTECTED DISCLOSURES

Reviewed by Policy – March 2022

Reviewed by BOT – March 2022

Ratified by BOT – March 2022 Board Presiding Member ____________________________

Next review date – March 2025 Date: ______/_____/______

PURPOSES

1. To ensure that there is a procedure in place for reporting and investigating serious wrongdoing

2. To protect the person who reports it from retaliatory or disciplinary action, and also from civil or criminal proceedings

3. To ensure that the identity of the person who reports the wrongdoing remains confidential

4. To ensure that the school complies with the requirements of the Protected Disclosures Act (the Act).

GUIDELINES

1. If an employee of the school believes that serious wrongdoing has occurred within or by the school, they can declare it by way of a protected disclosure.
   

2. Serious wrongdoing is defined in the Act as:

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

• an act or omission or course of conduct that:

• seriously risks public health or safety, or the environment

• constitutes a criminal offence

• Seriously risks the maintenance of law, for example, hides an offence or threatens the right to a fair trial

• is oppressive, improperly discriminatory, or grossly negligent

• constitutes gross mismanagement.

3. Unless it is inappropriate, the principal is the school’s disclosure officer.
   

4. If an employee wishes to make a protected disclosure they must believe that the information they have is about serious wrongdoing, and is true or likely to be true. They must want the wrongdoing to be investigated and their disclosure protected.

To make a protected disclosure:

1. Put the disclosure in writing, stating the nature of the wrongdoing and the names of the people involved.

2. State that you wish your disclosure to be protected.

3. By making your disclosure protected, you will be immune from civil, criminal, or disciplinary proceedings being taken because you made the disclosure. The disclosure officer will use their best endeavours to protect your identity unless identifying you is essential for the investigation, to prevent serious risk to public health, or is under the principles of natural justice.

4. Protection only applies to serious wrongdoing (see the definition above) and anyone who makes a disclosure they know is false, or in bad faith, is not protected by the Act.

5. Sign and date the letter. Include your return address details and send it to the disclosure officer.

6. Unless it is inappropriate, the principal is the school's disclosure officer. If you think the principal is involved, or associates with someone who is involved in the wrongdoing, contact the chairperson of the Board of Trustees or an appropriate outside authority.

Disclosure to an Appropriate Authority

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

• the principal, or the chairperson of the board of trustees is involved in the wrongdoing

• there are exceptional circumstances

• the wrongdoing requires urgent action

• there has been no action or recommended action within 20 days of making the initial disclosure.

Appropriate authorities may include:

• Commissioner of Police

• Controller and Auditor General

• Director of the Serious Fraud Office

• Inspector General of Intelligence and Security

• Ombudsman

• Parliamentary Commissioner for the Environment

• Independent Police Conduct Authority

• Solicitor General

• State Service Commissioner

• Health and Disability Commissioner

• Head of any Public Sector Organisation (e.g. Ministry of Education)

• Teaching Council of Aotearoa New Zealand (EDUCANZ)

Manage a Protected Disclosure

The disclosure officer acknowledges receipt of the disclosure in writing and reports it to the Board Presiding Member . The Board Presiding Member will refer the matter to the Board. If the disclosure relates to the Board Presiding Member, the disclosure officer refers it to another Board member.

The Board considers the disclosure and determines the scope and management of any investigation, including the process to be followed and who will be involved. All steps are taken to ensure that the identity of the person making the disclosure remains confidential.

If, for reasons of natural justice, it is deemed impossible to investigate a disclosure and maintain confidentiality, the disclosure officer will communicate this directly to the complainant and discuss the reasons for this decision.

The disclosure officer has a duty of care to the employee who has made the disclosure and will maintain close contact with them throughout the process to ensure that any support necessary is put in place, and to keep them generally informed of progress in the investigation.

The Board may consider seeking legal advice, and may refer any complainant to the Office of the Ombudsman, which has a statutory role in providing advice and information to employees making a disclosure. In a situation where the employee making the disclosure has any part in the incident, the school should first seek legal advice, before offering any protection. This would need to be done with urgency, as there is a time limit of 20 days to return information on the progress of the disclosure.

Within 20 working days the disclosure officer reports to the employee concerned on the progress of their disclosure. This includes any actions taken and/or recommended, and whether or not the disclosure is deemed a serious wrongdoing.

REFERENCE:

Protected Disclosures Act 2000