How a whistleblower is protected
Protection
When a whistleblower makes a protected disclosure, they will be protected from action in defamation and immune from civil and criminal liability and disciplinary action for making the disclosure. However, a person’s liability for his or her own conduct is not affected by his or her disclosure of that conduct under the Act.
Confidentiality
The University will treat the disclosure and any information received in the investigation of a disclosed matter in the strictest of confidence. Reasonable steps will be taken to protect the identity of the whistleblower. Maintaining confidentiality is crucial in ensuring reprisals are not made against a whistleblower.
The Act requires any person who receives information due to the handling or investigation of a protected disclosure, not to disclose that information except in certain limited circumstances. The circumstances which a person may disclose information about a protected disclosure include:
- Where exercising the functions of a public body under the Act,
- When making a report for recommendation under the Act
- When publishing statistics in the Annual Report of a public body
- In criminal proceedings for certain offences in the Act.
Welfare of the Whistleblower
The University is committed to the protection of whistleblowers against detrimental action taken in reprisal for the making of protected disclosures. The University is responsible for ensuring that whistleblowers are protected from direct and indirect detrimental action, and that the culture of the University is supportive of protected disclosures.
Staff, agents, representatives and students of the University or the University shall not take detrimental action against a person making a disclosure. The taking of detrimental action in breach of this provision can also be grounds for making a disclosure under the Act and can result in an investigation.
If a whistleblower reports an incident of detrimental action, the University will assess the report as a new disclosure under the Act. If the disclosure is determined as a public interest disclosure, it will be referred to the Ombudsman. If the Ombudsman determines that matter to be a public interest disclosure, the Ombudsman may investigate the matter or refer it to another body for investigation as outlined in the Act.