​Policy Statement

The Bendigo TAFE Board and Executive Management are committed to fulfil its obligations under the Whistleblowers Protection Act 2001 (the Act) to encourage and facilitate the making of disclosures of improper or corrupt conduct by the Institute itself or by its employees.

As prescribed by the Act, a person may make a disclosure about improper or corrupt conduct by the Institute or its officers or employees. It is an offence under the Act for a public body such as Bendigo TAFE to take detrimental action against a whistleblower as a reprisal for a protected disclosure.  The Institute has developed written procedures for handling disclosures made under the Act, which facilitate the making of disclosures, the investigation of disclosures and the protection of whistleblowers.  These procedures and this policy are made available to every employee and they may also be inspected by members of the public during normal office hours without charge.

The Ombudsman has the right to review the written policy and procedures and the manner in which they have been implemented to ensure that they comply with the Act, and to make recommendations to the Institute following such a review.

This policy applies to management, staff, contractors and service providers in all areas of Bendigo TAFE operation. It applies equally to teaching and non-teaching areas. The policy is only relevant to disclosures where the disclosing party is prepared to commit to the same level of confidentiality as the Protected Disclosure Coordinator and other personnel involved in receiving, assessing and investigating the disclosure.

Definitions

• Dishonest activity causing actual or potential financial loss to any person or entity including theft of moneys or other property by employees or persons external to the entity and whether or not deception is used at the time, immediately before and immediately following the activity.

• Misappropriation of Bendigo TAFE resources, including intellectual property, for any use not intended by the institute. 

• The deliberate falsification, concealment, destruction or use of falsified documentation used or intended for use for a normal business purpose or the improper use of information or position.

Protected Disclosure Officer: Designated role under the Whistleblowers Protection Act, refer below for specific responsibilities.

Public body: Means a TAFE Institute within the meaning of the Vocational Education and Training Act 2006, in this case Bendigo TAFE.

Whistleblower: A person who makes a disclosure about improper conduct by the public body or a public officer in accordance with the Whistleblowers Protection Act.

Designated Roles

Responsibilities

Protected Disclosure Officers will:
• Be a contact point for general advice about the operation of the Act for any person wishing to make a disclosure about improper
  conduct or detrimental action.
• Make arrangements for a disclosure to be made privately and discreetly and, if necessary, away from the workplace.
• Receive any disclosure made orally or in writing (from internal and external whistleblowers).
• Commit to writing any disclosure made orally.
• Impartially assess the allegation and determine whether it is a disclosure made in accordance with Part 2 of the Act (that is, a
  protected disclosure).
• Take all necessary steps to ensure the identity of the whistleblower and the identity of the person who is the subject of the
  disclosure are kept confidential.
• Forward all disclosures and supporting evidence to the Protected Disclosure Coordinator. If a disclosure relates to an allegation
  against the Protected Disclosure Coordinator, the Protected Disclosure Officer should first consult the Fraud Control Officer to
  determine how best to proceed.

The Protected Disclosure Coordinator has a central clearinghouse role in the internal reporting system and will:
• Receive all disclosures forwarded from the Protected Disclosure Officers.
• Receive all phone calls, emails and letters from members of the public or employees seeking to make a disclosure.
• Impartially assess each disclosure to determine whether it is a public interest disclosure.
• Refer all public interest disclosures to the Ombudsman.
• Be responsible for carrying out, or appointing an investigator to carry out, an investigation referred to the public body by the
  Ombudsman.
• Be responsible for overseeing and coordinating an investigation where an investigator has been appointed.
• Appoint a Welfare Manager to support the whistleblower and to protect him or her from any reprisals.
• Advise the Whistleblower of the progress of an investigation into the disclosed matter.
• Establish and manage a confidential filing system.
• Collate and publish statistics on disclosures made.
• Take all necessary steps to ensure the identity of the whistleblower and the identity of the person who is the subject of the 
  disclosure are kept confidential.
• Liaise with the Manager Human Resources.

The Welfare Manager is responsible for looking after the general welfare of the whistleblower. The Welfare Manager will:
• Examine the immediate welfare and protection needs of a whistleblower who has made a disclosure and seek to foster a
  supportive work environment.
• Advise the whistleblower of the legislative and administrative protections available to him or her.
• Listen and respond to any concerns of harassment, intimidation or victimisation in reprisal for making disclosure.
• Keep a contemporaneous record of all aspects of the case management of the whistleblower, including all contact and follow-up
  action.
• Endeavour to ensure the expectations of the whistleblower are realistic.

All employees and contractors are responsible to:
• Perform duties in an honest, ethical and moral manner, and acting with integrity at all times.
• Comply with the Code of Conduct and Bendigo TAFE policies and procedures, and to refrain from fraudulent activities and
  corrupt conduct.
• Report any suspected instances of fraud or corrupt conduct. In so doing, the employee/contractor should commit to the same
  level of confidentiality as the Fraud Control Officer or Protected Disclosure Coordinator and other personnel involved in receiving,
  assessing and investigating the report.

References

Whistleblowers Protection Act 2001
Whistleblowers Protection Act 2001 Ombudsman’s Guidelines issued November 2001

Associated Documents

Proc206 Protected Disclosure Procedure
Pol203   Staff Code of Conduct Policy
Pol223   Mandatory Training Policy
Pol112   Fraud and Corruption Control Policy

Warning - Uncontrolled when printed.  The current version of this document is kept on the BMS