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Whistleblowers Protection Policy

1. Summary

The Whistleblowers Protection Policy provides a framework for ensuring individual persons who notify the Department of the occurrence of improper conduct within the Department are afforded appropriate protection and their disclosures are investigated within a confidential environment.

2. Introduction

The Department of Primary Industries (DPI) is committed to the aims and objectives of the Whistleblowers Protection Act 2001 (the Act). All DPI employees are subject to the Act and to DPI policy and procedures.

Statement of Support

DPI will not tolerate improper conduct by its employees nor the taking of detrimental action against those who come forward to disclose such conduct.

The Department will take all reasonable steps to protect people who make a disclosure from any detrimental action as a result of making a disclosure. It will also provide natural justice to the person making a disclosure and to any person who is the subject of the disclosure.

Disclosures under the Act will be managed confidentially, discreetly and courteously and all records pertaining to disclosures will be held in strict confidence.

3. Scope

This policy applies to all DPI employees as well as members of the public who make disclosures relating to DPI or to an employee of DPI.

4. Definitions

In this Policy:

“Act” means the Whistleblowers Protection Act 2001.

“Corrupt conduct” means:

  • conduct of a person (whether or not a public officer) that adversely affects, or could adversely affect, either directly or indirectly, the honest performance of a public officer’s or public body’s functions; or
  • conduct of a public officer that amounts to the performance of any of his or her functions as a public officer dishonestly or with inappropriate partiality; or
  • conduct of a public officer, a former public officer or a public body that amounts to a breach of public trust;
  • conduct by a public officer, a former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their official functions; or
  • a conspiracy or attempt to engage in any of the above conduct.

“Detrimental action” includes:

  • action causing injury, loss or damage;
  • intimidation or harassment; and
  • discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action

”DPI employee” means an employee including: ongoing, fixed term, casual and executive employee.

“Disclosure” means an allegation made by an individual person who believes on reasonable grounds that DPI or an employee of DPI has engaged, is engaging or proposes to engage in improper conduct in their capacity as a public body or public officer; or has taken, is taking or proposes to take detrimental action against a person in reprisal for making a protected disclosure.

“Improper Conduct” includes:

  • corrupt conduct, or
  • a substantial mismanagement of public resources, or
  • conduct involving substantial risk to public health or safety; or
  • conduct involving substantial risk to the environment.

The conduct must be criminal in nature or a matter for which an employee / officer could be dismissed.

“Natural justice” for the purposes of investigating a public interest disclosure means:

  • The person who is the subject of the disclosure is informed of the allegations made against him or her and is given the right to respond (this does not mean the person must be advised of the allegation as soon as the disclosure is received or the investigation has commenced)
  • If the investigator is planning to make a report that will adversely affect any person, that person is given the opportunity to respond. Any additional information received is to be detailed in the final report and considered before the report is finalised.
  • All relevant parties to a matter are heard and all submissions are considered
  • A decision is not made until all reasonable inquiries have been made
  • The investigator or any decision maker does not have a personal or direct interest in the matter being investigated
  • All proceedings are carried out fairly and without bias and care is taken to exclude perceived bias from the process; and
  • The investigator is impartial in assessing the credibility of the whistleblower and any witnesses. Where appropriate, conclusions as to credibility are included in the investigation report.

“Protected disclosure” is a disclosure made by a person who has reasonable grounds for the belief that a DPI employee or the Department has engaged in improper conduct in their official capacity.

“Public body” means the Department of Primary Industries. Or A reference to Public Body is a reference to DPI for purposes of this policy and the associated procedures.

“Public Interest Disclosure” is a protected disclosure that shows or tends to show that the employee who is subject of the disclosure has engaged, is engaging or intends to engage in improper conduct in their capacity as a public officer.

“Public officer” means an employee of DPI as defined above.

“Substantial mismanagement of public resources” – refers to the bad or wrong management (not the misuse) of public resources to a significant or considerable degree.

“Substantial risk” to public health and safety, or the environment, means that the risk should be significant / considerable and relate to public (not individual) health or safety. This means that the conduct affects, or has the potential to affect, a large class or group of the wider community.

“Whistleblower” is an individual who makes a “disclosure” about improper conduct by a public body or a public officer with a view to the matter being investigated and appropriate action being taken.

5. Policy Principles

5.1 The Department is committed to preventing improper conduct by its employees or victimisation of persons who make a protected disclosure.
5.2 The Department will take all protected disclosures seriously and will thoroughly investigate the alleged improper conduct.
5.3 The Department will take all reasonable steps to protect the identity of the person making a protected disclosure.
5.4 The Department requires that appropriate confidentiality and privacy be maintained by any person involved in a protected disclosure.
5.5 Any breach of the requirement for confidentiality set out in this policy may lead to disciplinary action in accordance with the Department's Investigating and Managing Misconduct Policy and Procedures.
5.6 Any victimisation of, or reprisal against, another person connected or involved in a protected disclosure matter may lead to disciplinary action in accordance with the Department's Investigating and Managing Misconduct Policy and Procedures.

6 Policy Related Documents

DPI Policy and Procedure Documents:

Whistleblowers Protection Procedure
Whistleblower Guide
Conflict of Interest Policy
Investigating and Managing Misconduct Policy
Investigating and Managing Misconduct Procedure
Managing Unsatisfactory Performance and Behaviour Policy
Managing Unsatisfactory Performance and Behaviour Procedure

Other documents and websites external to DPI:
Application of Public Sector Employment Principles Standard No 1 (2006)
Code of Conduct for Victorian public sector employees
PSSC Guidelines: Fair and reasonable treatment
PSSC Guidelines: Reasonable Avenues of Redress
VPS Agreement 2006

State Legislation:
Whistleblowers Protection Act 2001
Whistleblowers Protection Regulations 2001

7. Responsibility/Delegation

The Executive Director, People & Culture is the owner of this Policy and associated Procedure and is responsible for reviewing and updating this Policy and associated Procedure.

All Department employees are responsible for ensuring that they comply with this Policy and the associated Procedure.

DPI managers are responsible for taking reasonable steps to ensure compliance by their employees.