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TOURISM VICTORIA ANNUAL REPORT

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whistleblowers protection act 2001<br />

3.6 How will my welfare and<br />

protection needs be managed?<br />

It is the responsibility of the PDC to<br />

keep you informed of action taken in<br />

relation to your disclosure, and the time<br />

frames that apply.<br />

The PDC is also responsible for ensuring<br />

you are protected from reprisals and that<br />

the culture of the workplace supports<br />

protected disclosures being made.<br />

All whistleblowers who have made a<br />

protected disclosure will be offered support<br />

by a welfare manager appointed by the<br />

PDC, to examine and attend to their<br />

immediate welfare and protection needs.<br />

People who attempt any reprisal against<br />

anyone for making a disclosure may<br />

face court action and criminal penalties.<br />

Taking reprisals can also be grounds for<br />

a person making a disclosure under the<br />

Act, and can result in an investigation.<br />

If you report that action has been taken<br />

in reprisal for making a disclosure, the<br />

welfare manager will record the details<br />

and advise the PDC. The PDC will<br />

assess the report as a new disclosure<br />

under the Act.<br />

When you make a protected disclosure,<br />

the Act provides you with immunity<br />

from any civil or criminal liability or<br />

any disciplinary action for making that<br />

disclosure.<br />

However, Tourism Victoria acknowledges<br />

that making a disclosure does not shield<br />

whistleblowers from the reasonable<br />

consequences flowing from any<br />

involvement in improper conduct, although,<br />

in some circumstances, an admission<br />

may be a mitigating factor when<br />

considering disciplinary or other action.<br />

Where disciplinary or other action<br />

involving a whistleblower is decided<br />

upon, the PDC will thoroughly<br />

document the process including the<br />

reasons why the action is being taken,<br />

and will advise the whistleblower of the<br />

proposed action and of any mitigating<br />

factors that have been taken into<br />

account.<br />

3.7 What support is given to the<br />

person against whom a disclosure<br />

is made?<br />

Tourism Victoria recognises that<br />

employees against whom disclosures<br />

are made must also be supported<br />

during the handling and investigation<br />

of disclosures. All reasonable steps will<br />

be taken to ensure the confidentiality<br />

of the person who is the subject of<br />

the disclosure during the assessment<br />

and investigation process. Where<br />

investigations do not substantiate<br />

disclosures, the fact of the investigation<br />

and all relevant details will remain<br />

strictly confidential.<br />

The PDC will ensure the person who is<br />

the subject of an investigation is informed<br />

as to the substance of the allegations and<br />

has the opportunity to respond.<br />

68 LEGISLATIVE REQUIREMENTS

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