Annual Report 2010-2011 (PDF - 2.47 mb) - Royal Botanic Gardens ...

More documents

Recommendations

Info

Contents appendix 3.6 Confidentiality The Act requires that the confidentiality of a whistleblower is protected. This is crucial to ensuring reprisals are not made against a whistleblower. The Royal Botanic Gardens will take all reasonable steps to protect the identity of the whistleblower. The Act prohibits the disclosure of information received in relation to a protected disclosure except in certain limited circumstances. Disclosure of information in breach of section 22 of the Act constitutes an offence punishable by a maximum fine of 60 penalty units ($7,328.40) or six months imprisonment or both. The circumstances in which a person may disclose information obtained about a protected disclosure include: – where exercising the functions of the public body under the Act; – when making a report or recommendation under the Act (reports or recommendations must not disclose particulars likely to identify a whistleblower); – when publishing statistics in the annual report of a public body; and – in criminal or disciplinary proceedings for certain offences under the Act. It is the responsibility of all staff involved in receiving or handling a disclosure, including those who manage hard copy correspondence, to maintain confidentiality in accordance with the Act. It is also the responsibility of whistleblowers to keep their disclosure confidential. If the whistleblower repeats the disclosure to an unauthorised person, he or she will lose the protections that would otherwise be afforded to them under the Act. For example, if a whistleblower repeats a disclosure to the media, he or she will not be protected from actions in defamation for any allegations that are reported. The Royal Botanic Gardens will ensure that all files, whether paper or electronic, are kept in a secure room and can only be accessed by the Protected Disclosure Co-ordinator, a Protected Disclosure Officer, the Investigator or the Welfare Manager (in relation to welfare matters). All printed material will be kept in files that are clearly marked as a Whistleblowers Protection Act matter, and warn of the criminal penalties that apply to any unauthorised divulging of information concerning a protected disclosure. All electronic files will be produced and stored on a stand-alone computer and be given password protection. Backup files will be kept on CD-Rom or floppy disc. All materials relevant to an investigation, such as tapes from interviews, will also be stored securely with the whistleblower files. The Royal Botanic Gardens will not email documents relevant to a whistleblower matter and will ensure all phone calls and meetings are conducted in private. If documents are faxed, they will be sent to a secure area with the recipient standing by. Additionally, hard copy documents for transmission will be placed in two successive windowless envelopes which are sealed and marked “private and confidential” and “to be opened by the addressee only” and personally delivered wherever possible. 3.7 Receiving and Assessing Disclosures A disclosure must contain the essential elements of a protected disclosure To be a protected disclosure, it must satisfy the following criteria: – it is made by a natural person (an individual rather than a corporation); – it relates to conduct of a public body or public officer acting in their official capacity; – the alleged conduct is either improper conduct or detrimental action taken against a person in reprisal for making a protected disclosure; and – the person making a disclosure has reasonable grounds for believing the alleged conduct has occurred. page 176
Contents appendix A disclosure must be made in accordance with Part 2 of the Act Only ‘protected disclosures’ made in accordance with the requirements of Part 2 of the Act attract the protections offered to people making disclosures. Where a disclosure has been received, the Protected Disclosure Co-ordinator will assess whether the disclosure has been made in accordance with Part 2 of the Act and is, therefore, a protected disclosure. Where a disclosure is assessed not to be a protected disclosure, the matter does not need to be dealt with under the Act. The Protected Disclosure Co-ordinator will decide how the matter should be dealt with. The Protected Disclosure Co-ordinator will determine whether the disclosure is a public interest disclosure which must be referred to the Ombudsman for investigation. A disclosure must be made to the appropriate person Disclosures of improper conduct or detrimental action by the Royal Botanic Gardens or its employees may be made to a Protected Disclosure Officer or to the Ombudsman. The Royal Botanic Gardens cannot respond to disclosures which do not relate to the Royal Botanic Gardens or its officers. However, the table in section 3.4 provides guidance as to the correct person or body to whom a disclosure should be directed. If the disclosure has been made anonymously, it should be referred to the Ombudsman. A person who is contemplating making a disclosure should be encouraged to make their disclosure to a Protected Disclosure Officer or to the Ombudsman. Employees who are consulted by a person who wishes to make a disclosure should direct that person to a Protected Disclosure Officer or to the Ombudsman. It is important to follow this Procedure to ensure that the disclosure is a protected disclosure and that the protections offered to a person who makes a protected disclosure apply. Is the disclosure a public interest disclosure? Where a Protected Disclosure Officer or Co-ordinator has received a disclosure that has been assessed to be a protected disclosure, the Protected Disclosure Co-ordinator must determine whether the disclosure amounts to a public interest disclosure. This assessment must be made within 45 days of the receipt of the disclosure. In determining whether a protected disclosure is a public interest disclosure, the Protected Disclosure Co-ordinator will consider whether the disclosure shows, or tends to show, that the public officer to whom the disclosure relates: – has engaged, is engaging or proposes to engage in improper conduct in his or her capacity as a public officer; or – has taken, is taking or proposes to take detrimental action in reprisal for the making of the protected disclosure. Where the Protected Disclosure Co-ordinator concludes that the disclosure amounts to a public interest disclosure, he or she must, within 14 days: – notify the person who made the disclosure of that conclusion; and – refer the disclosure to the Ombudsman for formal determination as to whether it is indeed a public interest disclosure. Where the Protected Disclosure Co-ordinator concludes that the disclosure is not a public interest disclosure, he or she must, within 14 days: – notify the person who made the disclosure of that conclusion and the reasons for that decision; and – advise that person that he or she may request the public body to refer the disclosure to the Ombudsman for a formal determination as to whether the disclosure is a public interest disclosure, and that this request must be made within 28 days of the notification. Royal Botanic Gardens Board Victoria Annual Report 2010–11 page 177
Page 1 and 2:
Royal Botanic Gardens Board Victori
Page 3 and 4:
Contents Contents Introduction 2 Ou
Page 5 and 6:
Contents Introduction Definitions T
Page 7 and 8:
Contents Corporate governance The o
Page 9 and 10:
Contents Our Organisation Royal Bot
Page 11 and 12:
Contents Our Organisation RBG Melbo
Page 13 and 14:
Contents Our Organisation Corporate
Page 15 and 16:
Contents Our Organisation Environme
Page 17 and 18:
Contents Our Organisation A new mul
Page 19 and 20:
Contents Our Organisation Risk Mana
Page 21 and 22:
Contents Our Organisation Education
Page 23 and 24:
Contents Our Organisation Legislati
Page 25 and 26:
Contents Our Organisation Conformit
Page 27 and 28:
Contents Our Organisation Compariso
Page 29 and 30:
Contents Employee profile Employee
Page 31 and 32:
Contents Our EMPLOYEES employees an
Page 33 and 34:
Contents Our EMPLOYEES Employee rec
Page 35 and 36:
Contents OUR achievements - Strateg
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Contents OUR SUPPORTERS Mrs Diana H
Page 117 and 118:
Contents OUR SUPPORTERS Mr Peter Lo
Page 119 and 120:
Contents OUR SUPPORTERS Friends of
Page 121 and 122:
Contents OUR SUPPORTERS Membership
Page 123 and 124:
Contents OUR SUPPORTERS RBG Cranbou
Page 125 and 126:
Contents OUR SUPPORTERS Honorary As
Page 127 and 128: Contents FINANCIAL STATEMENTS 126 A
Page 129 and 130: Contents financial statements Royal
Page 131 and 132: Contents financial statements
Page 149 and 150: Royal Botanic Gardens Board Victori
Page 173 and 174: Contents appendix Appendix One Whis
Page 175 and 176: Contents appendix 3. Outline and De
Page 177: Contents appendix - impartially ass
Page 181 and 182: Contents appendix Procedural Fairne
Page 183 and 184: Contents appendix 3.10 Managing the
Page 185 and 186: Contents appendix 3.15 Criminal Off
Page 187 and 188: Contents Planning Constructing Deta
show all

Annual Report 2010-2011 (PDF - 2.47 mb) - Royal Botanic Gardens ...

Create successful ePaper yourself

Delete template?

Save as template?