Protected Disclosures

TAMARIKI SCHOOL BOARD OF TRUSTEES

POLICY ON PROTECTED DISCLOSURES

NUMBER  338                                                                                                May 2002

 

RATIONALE

 

AIMS

1.  To afford staff an avenue to disclose information about serious wrongdoings in or by the school and to protect staff who make these disclosures.

2.  To comply with the requirements of the Protected Disclosures Act.

 

OBJECTIVES

1.  An employee of the Board may disclose information in the manner provided by the Protected Disclosures Act if:

a)  the information is about serious wrongdoings in or by the school

b)  the employee believes on reasonable grounds that the information is true or likely to be true; and

c)  the employee wishes to disclose the information so that the serious wrongdoing can be investigated; and

d)  the employee wishes the disclosure to be protected.

2.  Only disclosures about serious wrongdoings are covered by this policy. A serious wrongdoing is defined in the Act as:

a)  an unlawful, corrupt or irregular use of public funds or public resources; or

b)  an act, omission or course of conduct that constitutes a serious risk to public health or safety or the environment; or a serious risk to the maintenance of law, including the prevention, investigation and detection of offences and the right to a fair trial; or conduct that constitutes an offence; or conduct by a public official that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement.

3.  The Board acknowledges that the employee is not liable to civil or criminal proceedings relating to the disclosure – notwithstanding other rule of law, oath or practice.

4.  The Board accepts that the employee may have access to the personal grievance procedures of the Employment Relations Act and the anti-discrimination provisions of the Human Rights Act if any retaliatory action is taken against them.

5.  The Board recognises provision for confidentiality of identity of the employee making a disclosure (unless the Board chooses otherwise – this will be put in writing – or naming of the person is essential for the investigation, or for principles of natural justice to prevent serious risk to public health or public safety or the environment).

6.  The following procedures apply in the administration of this policy:

a)  The School's Disclosure Officer is the Principal, and any disclosure should be made directly to him/her. If this is not appropriate the Chairperson of the BOT or appropriate outside authority will be informed (referred to as Key Person).

b)  Disclosures should be made in writing and include all relevant details. Written statements should be signed and dated, and a returning address provided.

c)  The school's Disclosure Officer / Key Person will acknowledge receipt of a disclosure in writing.

d)  Within 20 working days after the receipt of a disclosure, the School's Disclosure Officer / Key Person will report to the staff member concerned what action has been taken or recommended to be taken.

e)  The School's Disclosure Officer / Key Person will report, in confidence, every disclosure to the Board Chairperson who may refer the matter to the Board.

 

Effectiveness Self-Review

1.  This policy will be reviewed in accordance with the Board's triennial programme of self-review, and the review report will be made available to the school community after it has been approved by the Board.

2.  The review will be conducted in the form of a Board and Principal survey, using the objectives listed above as the criteria for determining effectiveness of the policy in action.

 

DRAFT based on L. Flockton's work:                                         PRESENTED:  21/5/02

PUBLISHED:                          ADOPTED:                             REVIEWED: