(1) This Procedure is effective from 14 February 2022. (2) This Procedure sets out what is a “Public Interest Disclosure” and the rights, obligations and role of Deakin University in the event that a Public Interest Disclosure is made about Deakin. Deakin maintains this Procedure in accordance with section 58(5) of the Public Interest Disclosures Act 2012 (Vic) (the Act). (3) This Procedure applies throughout the University. (4) This Procedure is pursuant to the Integrity policy. (5) Deakin encourages reporting of any allegations of fraud, corruption or improper conduct (including the misuse or misappropriation of publicly funded resources). (6) Deakin is committed to ensuring that its culture supports and protects those who make Public Interest Disclosures and those who cooperate with an investigation into a Public Interest Disclosure. (7) The Public Interest Disclosures Act 2012 (Vic) (the Act) broadly defines a Public Interest Disclosure as an allegation of fraud, corrupt or improper conduct relating to a public sector body such as Deakin University. (8) A Public Interest Disclosure could include allegations of: (9) Only an individual can make a Public Interest Disclosure. This could include a Deakin member of staff, a student, staff of a contractor or supplier, or any member of the public. (10) A person who makes a Public Interest Disclosure to a body that is able to receive Public Interest Disclosures under the Act will receive the benefit of certain safeguards and protections under the Act, including certain assurances as to the confidentiality of the investigation and handling of their allegations, and certain protections against detrimental action (e.g. sacking, workplace discrimination or harassment) against that person as a result of them having made a Public Interest Disclosure. (11) Deakin is not a body that can receive Public Interest Disclosures under the Act. (12) Individuals who wish to make a Public Interest Disclosure (and have the benefit of the statutory safeguards and protections afforded by the Act) must make their Public Interest Disclosure to an entity authorised to receive Public Interest Disclosures under the Act. (13) Entities which can receive Public Interest Disclosures about alleged conduct relevant to Deakin include: (14) A person who wishes to make an allegation about conduct that could constitute a Public Interest Disclosure can seek advice from General Counsel and should be made aware that Deakin is not a body that can receive Public Interest Disclosures under the Act. (15) The person should be advised to seek their own independent legal advice as to whether they wish to proceed with a formal complaint to Deakin about the alleged conduct, in the knowledge that by doing so they will not be afforded the same legal protections under the Act as if they had made a Public Interest Disclosure to a body authorised to receive Public Interest Disclosures. (16) If the person chooses to make a formal complaint directly to Deakin, then Deakin will receive and manage the complaint in accordance with Deakin’s complaint handling procedures and the Fraud and Corruption Prevention and Control policy and procedure as applicable. Serious matters of fraud, corrupt or improper conduct can be reported via an external reporting line accessible at https://deakin.stoplinereport.com. Reports can be made anonymously. Otherwise, the person should make their complaint directly to IBAC, the Victorian Ombudsman, Victoria Police or any other body authorised to receive Public Interest Disclosures (“Authorised Body”). (17) Public Interest Disclosures are investigated and managed confidentially by the Authorised Body. In the event that Deakin becomes aware that a person has made a Public Interest Disclosure, Deakin is required to: (18) Deakin has appointed a Welfare Manager to coordinate welfare support for disclosers, any person cooperating with a Public Interest Disclosure investigation, or any person that is the subject of a Public Interest Disclosure. (19) Notifications received by Deakin from an Authorised Body about a Public Interest Disclosure relating to Deakin (or an employee or contractor) should be immediately referred to the Welfare Manager and/or to the Vice-Chancellor. (20) Deakin will take reasonable measures to ensure that staff, particularly those opening mail, accessing email accounts, working in reception areas and handling complaints, are alert to identifying correspondence from an Authorised Body and are aware that they must forward any such correspondence to the Welfare Manager and/or the Vice-Chancellor. (21) In the event that Deakin is notified or becomes aware of a disclosure which may be a Public Interest Disclosure, it must keep the following information confidential: (22) It is an offence under the Act for Deakin, or any other person, to disclose any of the information set out above to another person, except as permitted by law. (23) If the Welfare Manager or the Vice-Chancellor becomes aware that a disclosure has been made to an Authorised Body, the Welfare Manager or the Vice-Chancellor should take the following steps to protect the confidentiality of the relevant information: (24) Deakin, through the Welfare Manager or the Vice-Chancellor, will take appropriate and reasonable precautions to protect the confidentiality of the identity of the discloser and the content of any Public Interest Disclosure for the duration of any investigation into the matter by an Authorised Body. It will also ensure that, following the conclusion of any investigation by an Authorised Body, it keeps confidential the fact that an investigation has occurred, its result, and the identity of the discloser except as required or permitted by law. (25) Deakin (and others) may only disclose information about the content of a Public Interest Disclosure of which it becomes aware in very limited circumstances set out in the Act, including: (26) Deakin (and others) may only disclose the identity of the person who has made a Public Interest Disclosure in very limited circumstances set out in the Act, including: (27) The Welfare Manager or the Vice-Chancellor may disclose the content of a disclosure or the identity of a discloser, only as necessary, in order to: (28) For example, if IBAC notifies the Welfare Manager or the Vice-Chancellor of a discloser’s identity, the Welfare Manager may, if necessary and appropriate, notify a senior manager in the discloser’s faculty, portfolio or other area for the purpose of looking after the discloser’s welfare (providing that the senior manager is not the subject of the Public Interest Disclosure). (29) Detrimental Action is an act or a threat to act against another person in reprisal for that person making or intending to make a Public Interest Disclosure. (30) The Act does not prevent a manager from taking reasonable unrelated management action in relation to an employee who has made a Public Interest Disclosure provided that the Public Interest Disclosure is in no way a reason for the management action. (31) It is a serious offence for any person to take, or threaten to take, Detrimental Action against a person in reprisal for making a Public Interest Disclosure. (32) In addition, if a person is found guilty of the offence above, they may also face the following civil penalties: (33) The discloser is also entitled to bring a claim in tort against the person who took Detrimental Action against them. (34) In certain circumstances, Deakin can be found vicariously liable for any of the civil penalties listed above. (35) If staff or a contractor of Deakin become aware (whether through being asked to participate in an investigation into the matter or otherwise) that a Public Interest Disclosure has been made in relation to Deakin, the staff member or contractor must refrain from any activity that is, or could be perceived to be, discrimination, victimisation, harassment or intimidation of a person who makes a Public Interest Disclosure or any person who they know or suspect is cooperating with the investigation. (36) Deakin's obligations to protect persons from Detrimental Action in reprisal for a Public Interest Disclosure may apply to any person within the Deakin community, including: (37) If Deakin is notified by an Authorised Body, or otherwise becomes aware, that a person has made a Public Interest Disclosure, Deakin through the Welfare Manager will take reasonable precautions to protect any person who is at risk of Detrimental Action being taken against them in reprisal for the Public Interest Disclosure. (38) Such steps may include (if the person is a student, staff member or contractor of Deakin): (39) If a person believes that, as a result of a Public Interest Disclosure they have been subjected to Detrimental Action, the person may notify an Authorised Body of the suspected Detrimental Action. If the notification is made in accordance with the requirements of the Act, the notification will constitute a further Public Interest Disclosure. (40) As stated above, Deakin is not a body authorised under the Act to receive a Public Interest Disclosure alleging Detrimental Action. (41) If a person wishes to make a complaint to Deakin alleging that Detrimental Action has been taken in reprisal for a Public Interest Disclosure, the Deakin representative who becomes aware of the complaint should: (42) Deakin, through the Welfare Manager, will take reasonable precautions to protect the welfare of a discloser and/or any person cooperating with a Public Interest Disclosure investigation (if known to it). Such steps may include: (43) Deakin will take all reasonable precautions to ensure that the identity of the person who is the subject of any Public Interest Disclosure (if known to it) will remain confidential while the Public Interest Disclosure is being assessed or investigated by IBAC or any other investigating entity. (44) The Welfare Manager may take the following steps: (45) Deakin offers free and confidential counselling to all staff. University staff (including disclosers, any person cooperating with the investigation of a Public Interest Disclosure, or the person that is the subject of the disclosure) can use this service to discuss matters related to Public Interest Disclosures and Detrimental Action in a confidential environment. Details about how to access the Employee Assistance Program can be found on the Employee Wellbeing Support (EWS) webpage. (46) For the purpose of this Procedure:Public Interest Disclosures procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
What is a Public Interest Disclosure?
Who can make a Public Interest Disclosure?
How are Public Interest Disclosures protected?
Can Deakin receive Public Interest Disclosures?
What should Deakin do if someone wishes to make a Public Interest Disclosure relevant to Deakin?
What are Deakin’s obligations under the Act?
Welfare Manager
General Counsel: Shirley Rooney
Phone: (03) 5227 8560
Email: disclosures@deakin.edu.au
Address: Office of General Counsel, Deakin University, Geelong Waterfront Campus, 1 Gheringhap Street, Geelong, Victoria, 3220Confidentiality requirements
Exceptions to confidentiality requirements
Obligation to protect against Detrimental Action
Civil and criminal penalties for Detrimental Action
What are Deakin's obligations in relation to Detrimental Action?
Complaints about Detrimental Action
Obligation to manage the welfare of the discloser and/or person cooperating
Obligation to manage the welfare of the person that is the subject of a disclosure
Contact details for employee assistance program
Section 6 - Definitions
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The Welfare Manager is:
(with limited exceptions – see ‘Exceptions to confidentiality requirements’ below).