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

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Contents appendix In all cases where disciplinary or other action is being contemplated against a whistleblower in relation to a disclosure, the Director and Chief Executive must be satisfied that it has been clearly demonstrated that: – the intention to proceed with disciplinary action is not causally connected to the making of the disclosure (as opposed to the content of the disclosure or other available information); – there are good and sufficient grounds that would fully justify action against any non-whistleblower in the same circumstances; and – there are good and sufficient grounds that justify exercising any discretion to institute disciplinary or other action. The Protected Disclosure Co-ordinator will thoroughly document the process including recording the reasons why the disciplinary or other action is being taken, and the reasons why the action is not in retribution for the making of the disclosure. The Protected Disclosure Co-ordinator will advise the whistleblower in writing of the proposed action to be taken, and of any mitigating factors that have been taken into account. 3.14 Management of the Person Against Whom a Disclosure Has Been Made The Royal Botanic Gardens recognises that employees against whom disclosures are made must also be supported during the handling and investigation of disclosures. The Royal Botanic Gardens will take all reasonable steps to ensure the confidentiality of the person who is the subject of the disclosure during the assessment and investigation process. Where investigations do not substantiate disclosures, the fact that the investigation has been carried out, the results of the investigation, and the identity of the person who is the subject of the disclosure will remain confidential. The Protected Disclosure Co-ordinator will ensure the person who is the subject of any disclosure investigated by or on behalf of a public body: – is informed as to the substance of the allegations; – is given the opportunity to answer the allegations before a final decision is made; – is informed as to the substance of any adverse comment that may be included in any report arising from the investigation; and – has his or her defence set out fairly in any report. Once the allegations in a disclosure have been investigated, the Protected Disclosure Co-ordinator will formally advise the person who is the subject of the disclosure of the outcome of the investigation. The Royal Botanic Gardens will give its full support to a person who is the subject of a disclosure where the allegations contained in a disclosure are clearly wrong or unsubstantiated. If the matter has been publicly disclosed, the Director and Chief Executive will consider any request by that person to issue a statement of support setting out that the allegations were clearly wrong or unsubstantiated. page 182
Contents appendix 3.15 Criminal Offences The Royal Botanic Gardens will ensure officers appointed to handle protected disclosures and all other employees are aware of the following offences created by the Act: – It is an offence for a person to take detrimental action against a person in reprisal for a protected disclosure being made. The Act provides a maximum penalty of a fine of 240 penalty units ($29,313.60) or two years imprisonment or both. – It is an offence for a person to divulge information obtained as a result of the handling or investigation of a protected disclosure without legislative authority. The Act provides a maximum penalty of 60 penalty units ($7,328.40) or six months imprisonment or both. – It is an offence for a person to obstruct the Ombudsman in performing his responsibilities under the Act. The Act provides a maximum penalty of 240 penalty units ($29,313.60) or two years imprisonment or both. – It is an offence for a person to knowingly provide false information under the Act with the intention that it be acted on as a disclosed matter. The Act provides a maximum penalty of 240 penalty units ($29,313.60) or two years imprisonment or both. 3.16 Collating and Publishing Statistics The Protected Disclosure Co-ordinator will establish a secure register to record the information required to be published in the annual report, and to keep account of the status of whistleblower disclosures. The register will be confidential and will not include any information which may identify the whistleblower. The register will contain the following information: – the number and types of disclosures made to the Royal Botanic Gardens during the year; – the number of disclosures referred to the Ombudsman for determination as to whether they are public interest disclosures; – the number and types of disclosed matters referred to the Royal Botanic Gardens by the Ombudsman for investigation; – the number and types of disclosures referred by the Royal Botanic Gardens to the Ombudsman for investigation; – the number and types of investigations taken over from the Royal Botanic Gardens by the Ombudsman; – the number of requests made by a whistleblower to the Ombudsman to take over an investigation by the Royal Botanic Gardens; – the number and types of disclosed matters that the Royal Botanic Gardens has declined to investigate; – the number and types of disclosed matters that were substantiated upon investigation and the action taken on completion of the investigation; and – any recommendations made by the Ombudsman that relate to the Royal Botanic Gardens. 4. Review This Procedure will be reviewed two years after the approval of the Corporate Management Group to ensure it meets the objectives of the Act and accords with the Ombudsman’s guidelines. Royal Botanic Gardens Board Victoria Annual Report 2010–11 page 183
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Royal Botanic Gardens Board Victori
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Contents Contents Introduction 2 Ou
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Contents Introduction Definitions T
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Contents Corporate governance The o
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Contents Our Organisation Royal Bot
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Contents Our Organisation RBG Melbo
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Contents Our Organisation Corporate
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Contents Our Organisation Environme
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Contents Our Organisation A new mul
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Contents Our Organisation Risk Mana
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Contents Our Organisation Education
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Contents Our Organisation Legislati
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Contents Our Organisation Compariso
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Contents Employee profile Employee
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Contents Our EMPLOYEES employees an
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Contents OUR achievements - Strateg
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Contents OUR SUPPORTERS Mrs Diana H
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Contents OUR SUPPORTERS Mr Peter Lo
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Contents OUR SUPPORTERS Friends of
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Contents OUR SUPPORTERS Membership
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Contents OUR SUPPORTERS RBG Cranbou
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Contents OUR SUPPORTERS Honorary As
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Contents FINANCIAL STATEMENTS 126 A
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Contents financial statements Royal
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Contents financial statements
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Annual Report 2010-2011 (PDF - 2.47 mb) - Royal Botanic Gardens ...

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