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What happens next?

The procedure for the management of disclosures made to the University is set out in the following word document.

Receipt of disclosures

Where a disclosure is received by the Vice-Chancellor or the Director, Human Resources, that person shall record the details of the disclosure in writing.  The written detail shall include:

  • The date and time of the disclosure
  • The name of the person making the disclosure (unless the disclosure is an anonymous disclosure)
  • The name(s) of the subject of the disclosure
  • Full details of the disclosure

The receiver of the disclosure shall explain to the person making the disclosure:

  • The stages laid out in the procedure
  • Alternative procedures for dealing with the accusations
  • The right of the person making the disclosure to make the disclosure directly to the Ombudsman, at any time
  • Confidentiality requirements and protections
  • Record keeping processes associated with whistleblowers protection
  • The commitment of the University to protect whistleblowers from reprisals.

Determining ‘Public Interest’

Within 45 days after receiving the disclosure, the University will consider the disclosure and reach a conclusion as to whether it is a public interest disclosure.  In reaching this conclusion the University must consider whether the disclosure, shows or tends to show that the staff, agent or representative or student of the University to whom the disclosure relates:

  • Has engaged, is engaged or proposes to engage in improper conduct (in his or her capacity as a staff member, agent, representative or student of the University); or
  • Has taken, is taking or is proposing to take detrimental action against the person making the disclosure

If the University concludes that a disclosure is a public interest disclosure, it must within 14 days:

  • Notify the person who made the disclosure of that conclusion; and
  • Refer the disclosure to the Ombudsman for a determination as to whether it a public interest disclosure.

If the University concludes the disclosure is not a public interest disclosure, it must within 14 days:

  • Notify the person who made the disclosure of that conclusion; and
  • Advise the person that (within 28 days) he or she may request the University to refer the disclosure to the Ombudsman for a determination as to whether it is a public interest disclosure.

Note: The University is not required to notify a person who made an anonymous disclosure.

Investigation by the Ombudsman or the University

Where a disclosure has been determined by the Ombudsman to be a public interest disclosure it may be either:

  • Investigated by the Ombudsman; or
  • Referred to the University for internal investigation.

Investigation – Internal (University)

The University must investigate every disclosed matter referred to it by the Ombudsman.  The Vice-Chancellor shall appoint a suitable investigator on behalf of the University.  A public interest disclosure made to the University shall be under the direction of the Vice-Chancellor. If the disclosure involves the Vice-Chancellor, the Chancellor will provide direction.

In conjunction with the Vice-Chancellor, the investigator shall determine his or her procedures.  The investigator shall not be bound by the rules of evidence and shall observe the principles of fairness and natural justice.  If the Vice-Chancellor believes the internal investigation is being obstructed he or she may refer the investigation to the Ombudsman.

The Vice-Chancellor (or Chancellor where appropriate) must report the findings of the investigation to:

  • the State Minister for Education
  • the Ombudsman, and
  • the person who made the disclosure (except in the case of an anonymous disclosure), in a prompt and timely manner.

Investigation - Ombudsman

Among other things the Ombudsman may:

  • Second employees of the University to assist with an investigation
  • Inform the University in writing of the investigation and conduct the investigation in private
  • Determine whether people may be legally represented
  • Seek information which would otherwise be subject to confidentiality
  • Enter premises of the University and inspect University property
  • Take action against individuals for Obstruction (as defined by section 60)
  • Report on the investigation to the person who made the disclosure and to the University
  • Make recommendations for action to the University
  • Require a report on the implementation of recommendations for action
  • Report insufficient action on recommendations to Parliament.

The Ombudsman may decide not to investigate a disclosed matter if in his or her opinion the disclosure:

  • Is trivial; or
  • Is frivolous or vexatious; or
  • If the person making the disclosure had had knowledge for more than 12 months of the disclosed matter and failed to give a satisfactory explanation for the delay in making the disclosure.

Outcomes of investigations

Where a disclosure has been found to have substance the University will take all reasonable steps to ensure that the conduct which is the subject of the disclosure does not continue to occur in future and to remedy any harm or loss arising from the conduct.