TOURISM VICTORIA ANNUAL REPORT

• Protected Disclosure Officer:
provides general advice about the
Act, receives complaints/disclosures,
impartially assesses them and
forwards them and any supporting
evidence to the PDC for further
assessment.
Mr Bernie Stewart
General Manager, Executive Services
Level 32, 121 Exhibition Street
Melbourne Victoria 3000
Tel 03 9653 9826
bernie.stewart@tourism.vic.gov.au
• You can also make your complaint
or provide information directly to
the Ombudsman.
The Ombudsman Victoria
Level 22, 459 Collins Street
Melbourne Victoria 3000 (DX 210174)
Internet: ombudsman.vic.gov.au
ombudvic@ombudsman.vic.gov.au
Tel (03) 9613 6222
Toll Free 1800 806 314
Ombudsman (03) 9613 6202
Disclosures can be made in writing
or made orally. You may also provide
information anonymously.
If your complaint relates to persons
other than employees of Tourism
Victoria, you should make your
complaint to the Ombudsman or to the
public body concerned.
If your complaint is about a councillor
or the Chief Commissioner of Police,
it must be made to the Ombudsman.
If your complaint is about a Member
of Parliament, it must be made to the
President of the Legislative Council or
the Speaker of the Legislative Assembly,
depending on which house the member
belongs to.
3.2 Will my disclosure
remain confidential?
The Act requires disclosures to be kept
confidential. Strict penalties apply to any
breach of confidentiality.
Tourism Victoria will not include particulars
in any report or recommendation that is
likely to lead to your identification. All files
relating to your disclosure will be kept in a
secure room and will only be accessed by
the PDC, a Protected Disclosure Officer,
an investigator or a designated welfare
manager appointed by the PDC.
3.3 How are disclosures assessed?
The PDC will determine whether your
disclosure amounts to a protected
disclosure. If the PDC determines that
it does, he or she will then make a
conclusion as to whether or not the
protected disclosure amounts to a public
interest disclosure within Part 4 of the
Act. If the PDC concludes that it does, he
or she will refer it to the Ombudsman
for a formal determination.
If the PDC concludes that your
complaint or information is not covered
by the Act, you will be notified of the
alternative remedial action open to you
in the circumstances, and advised of
your right to ask for the Ombudsman
to determine the matter.
3.4 How will my disclosure
be investigated?
Where the Ombudsman determines
that your protected disclosure amounts
to a public interest disclosure and refers
it to Tourism Victoria for investigation, the
PDC will draw up terms of reference for
authorisation by the Chief Executive of
Tourism Victoria.
The objectives of an investigation are to:
• collate relevant information
and draw conclusions from that
information objectively and
impartially
• make recommendations about
remedial or other appropriate action.
The investigator must prepare an
investigation plan and make regular
reports to the PDC, who in turn
will keep the Ombudsman informed
of progress. In accordance with
the Ombudsman’s guidelines, all
investigations are subject to the
requirement of procedural fairness.
The investigator will notify you of his
or her appointment and seek any
necessary clarification or additional
material that you might have. He or she
may allow witnesses to have legal or
other representation or support during
an interview.
If it seems probable that disclosure of
your identity cannot be avoided due
to the nature of the allegations, the
investigator will warn you and your
welfare manager of this probability.
If an investigation is being obstructed
or has revealed conduct that may
constitute a criminal offence, the
PDC will refer the matter back to the
Ombudsman for investigation.
3.5 What will happen at
the conclusion of the investigation?
The investigator will submit a written
report of his or her findings to the PDC.
The report will not include particulars
likely to lead to your identification.
Where the report includes an adverse
comment about any person, that person
must be given the opportunity to respond.
If the PDC is satisfied that the disclosed
conduct has occurred, he or she will
make recommendations to the Chief
Executive about appropriate remedial
action, and report the findings of
the investigation to you, the relevant
Minister and the Ombudsman.
Where the investigation concludes that
the disclosed conduct did not occur,
you will be notified and the findings
reported to the Ombudsman.
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