Tairangi School Procedure Statement

PROTECTED DISCLOSURES        NAG 6 Legislation & Regulation

Introduction

The purpose of this procedure is to provide information and guidance to employees of the school who wish to report serious wrong doing within the school.

The procedure is issued in compliance with the Protected Disclosures Act 2000 and will apply from 1 January 2000.

The procedure consists of:

  1. a definition of a protected disclosure
  2. a definition of serious wrongdoing that can be the basis for a protected disclosure by an employee
  3. conditions for disclosure
  4. information on who can make a disclosure
  5. protections for employees making disclosures
  6. a procedure by which an employee can make a disclosure.

What is a Protected Disclosure?

A protected disclosure is a declaration made by an employee where they believe serious wrongdoing has occurred.  Employees making disclosures will be protected against retaliatory or disciplinary action and will not be liable for civil or criminal proceedings related to the disclosure.

Definition of Serious Wrongdoing

Serious wrongdoing for the purposes of this policy includes any of the following:

Conditions for Disclosure

Before making a disclosure the employee should be sure the following conditions are met:

Who can make a disclosure?

Any employee of the school can make a disclosure.  For the purposes of this policy an employee includes:

Protection of employees making disclosures

An employee who makes a disclosure and who has acted in accordance with the procedure outlined in this policy:

The protections provided in this section will not be available to employees making allegations they know to be false or where they have acted in bad faith.

Procedure

Any employee of Tairangi School who wishes to make a protected disclosure should do so using the following procedure.

  1. How to submit a disclosure
    The employee should submit the disclosure in writing.
  2. Information to be contained
    The disclosure should contain detailed information including the following
  1. Where to send the Disclosure
    A disclosure must be sent in writing to the Principal who has been nominated by the Board of Tairangi School under the provision of Section 11 of the Protected Disclosures Act 2000 for this purpose.
    or
    If you believe the Principal is involved in the wrongdoing or has an association with the person committing the wrongdoing that would make it inappropriate to them, then you can make the disclosure to the Chairperson of the Board of Trustees.
  2. Decision to Investigate
    On receipt of a disclosure, the Principal must within 20 working days examine seriously the allegations of wrongdoing made and decide whether a full investigation is warranted.  If warranted a full investigation will be undertaken by the Principal or arranged by him/her as quickly as practically possible, through an appropriate authority.
  3. Protection of disclosing employees name
    All disclosures will be treated with the utmost confidence.  When undertaking an investigation, and when writing the report, the Principal will make every endeavour possible not to reveal information that can identify the disclosing person, unless the person consents in writing or if the person receiving the protected disclosure reasonably believes that disclosure of identifying information is essential
    • to ensure an effective investigation
    • to prevent serious risk to public health or public safety or the environment
    • to have regard to the principles of natural justice.
  4. Report of investigation
    At the conclusion of the investigation the Principal will prepare a report of the investigation with recommendations for action if appropriate, which will be sent to the Chairperson of the Board of Trustees.
  5. Disclosure to an appropriate authority in certain circumstances
    A disclosure may be made to an appropriate authority (including those listed below) if the employee making the disclosure has reasonable grounds to believe:

Appropriate Authorities include (but are not limited to)

File:protectdisclose6.doc        Procedure Statement – Protected Disclosure