Internal Policy
Protected Disclosure (Protection of
Whistle-blowers) Policy
Internal Policy | Wellington City Council
Our Values
Our values underpin our internal policies.
He tangata, he tangata, he tangata
Whakapai ake
We put people at the heart of what we do
We’re always improving
Mahi ngātahi
Mana tiaki
We collaborate
We care for our places
Purpose
The purpose of the Protected Disclosure (Protection of Whistle-blowers) Policy is to
encourage people to report serious wrongdoing, and to protect those who want to
‘blow the whistle’.
As guardians of our city's assets, we all share the responsibility to be good
stewards of these assets on behalf of our ratepayers and communities, taking care
to avoid loss, damage, waste and improper use.
This policy enables the Council to meet its obligations and responsibilities under
the Protected Disclosure Act 2022.
Scope
Disclosures of serious wrongdoing can be made by current or former employees,
including people seconded to the Council, volunteers, homeworkers, contractors,
Council Controlled Organisations, and elected members. This policy does not cover
external customers of Council.
Serious wrongdoing includes but is not limited to:
• unlawful, fraudulent, corrupt or irregular use of public money or resources
• conduct that poses a serious risk to public health, safety, the environment or
the maintenance of the law
• behaviour that is a serious risk to the health and safety of any individual
• criminal offence
• improper discrimination, gross negligence, oppressive conduct or
mismanagement
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Internal Policy | Wellington City Council
Policy Statements
1.
Everyone has a responsibility to speak up
a. Doing the right thing matters. The Council’s aim is for you to feel supported to make smart
choices, manage risks and to do the right thing, the right way.
b. If you are aware of instances where there is, or could be, any serious wrongdoing at the
Council, you have a responsibility to speak up.
c. Everyone has a duty to facilitate the disclosure of serious wrongdoing. If an investigation
progresses, this will be conducted by the Council or any nominated expert deemed necessary
by the Council.
2.
The Council has the responsibility to receive and respond to all disclosure of serious
wrongdoing
a. We are committed to listening to concerns, maintaining your confidentiality and taking all
disclosures of wrongdoing seriously.
b. Likewise, we are committed to support persons accused of wrongdoing by ensuring decisions
are unbiased, and providing reasonable opportunity for parties affected to comment before
any conclusions are drawn.
c. We have internal procedures which are fair and transparent for our people to make a
protected disclosure of serious wrongdoing.
d. We have a responsibility to take or recommend action when we receive a protected
disclosure and to investigate serious wrongdoing.
3.
The Council will provide protection to our people if they report a serious
wrongdoing
a. The Council will support anyone who, in good faith, discloses actual or suspected serious
wrongdoing.
b. No employee may take any retaliatory action against anyone for making a protected
disclosure.
c. If you make a protected disclosure, information that identifies you will be kept confidential,
unless you give your consent in writing to be identified or if disclosure is essential to:
i.
investigate the allegations effectively
ii.
prevent serious risk to public health or safety, or the environment
iii.
comply with the principles of natural justice
d. Your disclosure will not be protected if:
i.
you know the allegations are false
ii.
you act in bad faith
iii.
the information you are disclosing is protected by legal professional privilege
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Internal Policy | Wellington City Council
e. If you believe you have been victimised or retaliated against for disclosing a serious
wrongdoing, you may take a personal grievance under the Employment Relations Act 2000 or
make a complaint under the Human Rights Act 1993.
f. The Council will treat all allegations of victimisation or retaliation seriously. Allegations of this
nature that are substantiated may result in disciplinary action.
g. If a protected disclosure is found to be knowingly false and / or vexatious, it may result in a
disciplinary process.
h. If you are concerned about the way the Council is handling your disclosure, you can contact
the Ombudsman for advice.
Roles and Responsibilities
Role
Responsibility
All staff
• speak up if they are aware of instances where there is, or could
be, any intentional and dishonest act
• help facilitate the disclosure and investigation of matters of
serious wrongdoing by cooperating fully in any investigation,
keeping knowledge of any investigation confidential, protecting
witnesses, and securing relevant information
People managers
• support a culture of integrity by encouraging and providing
opportunities to discuss fraud risk
• implement appropriate internal controls within their business
areas
• report any known instances of internal fraud or corruption
Manager Risk & Assurance
• establish the internal procedures for our people to make a
protected disclosure of serious wrongdoing
• log all reports of serious wrongdoing
• establish internal procedures for the triage and assessment of
serious wrongdoing received through protected disclosures
• take or recommend action within 20 working days of receiving a
protected disclosure
• have oversight of any investigations under the Protected
Disclosures Act 2022
Manager Safety, Security and
• provide advice to support the security and wellbeing of all our
Wellbeing
people involved in the protected disclosure process including the
persons making a disclosure, persons accused of wrongdoing,
persons investigating the allegation of wrongdoing and persons
supporting the disclosure and investigation process
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Internal Policy | Wellington City Council
• have oversight of any investigations under the Protected
Disclosures Act 2022 that relate to Safety, Security and Wellbeing
Manager HR Services
• provide advice for the resolution of HR and employment relations
matters
• support any disciplinary process that may result from a protected
disclosure
• have oversight of any investigations under the Protected
Disclosures Act 2022 that relate to HR
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Document control
Policy owner
Assurance and Business Integrity
Date approved
23 June 2022
Approved by (ELT sponsor)
Stephen McArthur, Chief Strategy and Governance
Review period
Biannually or as change in regulatory environment occurs
Next policy review date
June 2024
Document Outline
