QM PROCEDURE: Public Interest Disclosure

QM PROCEDURE: Public Interest Disclosure

1.0 PURPOSE (why this procedure exists)
To facilitate the necessary procedures to ensure action, resolution and protection for Public Interest Disclosers.

2.0  SCOPE (who this procedure applies to)
This policy applies to all QM staff members and Board members, regardless of their employment status including casuals and contractors. Members of the public may also make a PID and the procedures in this document apply to the processing of such PIDs.

3.0 DEFINITIONS (Meanings of words and acronyms used in this procedure)
The following definitions apply –

Administrative action (see Schedule 4 PIDA) means any action about a matter of administration including, for example -

Ø  a decision and an act; and

Ø  a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; and

Ø  a formulation of a proposal or intention; and

Ø  the making of a recommendation, including a recommendation made to a Minister; and

Ø  an action taken because of a recommendation made to a Minister; and

Ø  does not include an operational action of a police officer or of an officer of the Crime and Misconduct Commission.

CAA is the Corporate Administration Agency which provides corporate services (including HR and case management) to QM.

Detriment includes –

·  personal injury or prejudice to safety;

·  property damage or loss;

·  intimidation or harassment;

·  adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business;

·  financial loss;

·  damage to reputation including personal, professional and business reputation.

Discloser is a person making a public interest disclosure.

Honest belief is the possession of information which a person has reason to believe is true.

Official misconduct is defined under s15 of the Crime and Misconduct Act 2001 as conduct that could constitute a criminal offence or a disciplinary breach that could reasonably provide grounds for the termination of employment. It is the carrying out of official duties in a way which lacks honesty and impartiality, breaches the community’s trust, or involves an improper use of official information. Actions such as knowingly making a false claim for remuneration, stealing government property or improper use of official information or powers for personal gain would constitute official misconduct.

PIDA is the Public Interest Disclosure Act 2010.

Proper Authority is a public sector entity or a Member of the Legislative Assembly.

Public interest disclosure (PID) (see s11 PID Act) is the disclosure of information in the public interest to an appropriate authority about wrongdoing. Disclosure includes all information and help given by the discloser to a proper authority for the disclosure.

Public officer (see s7 PID Act) includes, but is not limited to, an employee, member or officer of a public sector entity and also includes the Minster responsible for the department.

Public sector entity is any of the following:

·  a committee of the Legislative Assembly;

·  the parliamentary service;

·  a court or tribunal, and the administrative office of a court or tribunal;

·  the Executive Council;

·  a department (includes Queensland Ambulance Service, Fire & Rescue, and Queensland Police Service);

·  a local government;

·  a university, university college, TAFE institute or statutory TAFE institute;

·  the agricultural college;

·  an entity established under an Act or State or local government authorisation for a public state or local government purpose;

·  an entity, prescribed by regulation, that is assisted by public funds.

Public sector contractor is a person who contracts to supply goods or services to an entity other than as an employee.

Reasonable grounds is information or knowledge obtained directly by a person which may lead them to believe that a wrongdoing has occurred.

Reasonable management action is any action) by a person in a more senior position that impacts on an employee.

Reprisal is causing, attempting to cause, or conspiring to cause, detriment to a person because, or in the belief that, anybody has made or intends to make a PID. An attempt to cause detriment includes attempting to induce a person to cause detriment. Under the PID Act reprisal is an indictable offence.

Subject Officer a person about whom a PID is made.

4.0 ACTIONS (the things that must be done to comply with the policy)
In accordance with the PID Standard QM Procedures shall be published on the QM website.

4.1 Lodging a PID

QM staff are encouraged to make their PID in writing to the PID Co-ordinator and may use the attached form (Appendix 1). However PID’s may be made in any manner (in writing, over the telephone or in person) and can be made anonymously.

A disclosure should include any of the following information which is applicable -

a.  Full knowledge of the matter in a clear, objective manner and in a logical sequence. Names, dates, times, places and clear description of events should also be included where possible.

b.  Supporting evidence. This may include documents or reference to their location if the documentation is bulky or not readily accessible.

c.  Legislation which supports the disclosure. If possible include the section of the PIDA to be relied upon, and in addition, relevant reference to legislation, regulations, policies or the Code of Conduct believed to have been breached.

d.  The preferred method of handling the issue of confidentiality, including method of contact to preserve identity, and concerns about possible reprisals.

QM staff should submit their PID to the CEO or QM PID Co-ordinator (Director, Corporate Services and Business Development). A disclosure may be verbal or in writing, and may be made anonymously. Note however that an anonymous disclosure may not contain sufficient information to pursue the matter disclosed. In addition, anonymous disclosures are not protected.

It is QM policy to provide the strongest protection possible for staff who make a PID. If the PID is properly made, staff are still protected from reprisal under the PIDA, even when the disclosure is assessed as not fully meeting the criteria under the PIDA. All staff are protected from reprisal, not just the discloser.

QM staff may make a disclosure to another public sector entity (a Proper Authority) as defined. Further advice on this can be obtained from the QM PID Co-ordinator or via the Advisory Services available via these websites:

Ø  www.ethics.qld.gov.au

Ø  www.psc.qld.gov.au

A disclosure should be made to the appropriate (external) entity according to any procedures for handling a disclosure which the entity may have.

4.2 Dealing with a PID

The action taken by QM in dealing with a PID may vary having regard to the circumstances of the PID. The roles of the QM PID Co-ordinator and the CAA are described in section 5.8 of the QM PID Policy. In general terms the following steps in the process will apply.

It is the responsibility of the CEO (assisted by the PID Co-ordinator and CAA) to decide whether the matter meets the criteria for a PID, and on the action to be taken, unless the matter relates to the actions of the CEO. In this case, the responsibility for this decision lies with the Deputy Director-General, AQ. Any disclosure which does not meet the criteria of a PID may be considered as an employee complaint and will be processed under the QM Managing Employee Complaints policy. For certain matters the CEO may be required to refer the matter to the Crime and Misconduct Commission (CMC).

The person making a disclosure is entitled to seek reasonable information about process including action taken, and the results of the action, in writing. However, under some circumstances the information may not be able to be given.

Once accepted as a PID (see 6.3 of the PID Standard) the PID Co-ordinator must immediately assess the risk of reprisal and discuss the implementation of an appropriate management and resolution strategy with the CEO, in consultation with CAA. Under the CAA/QM Case Management Model experts from CAA will be involved in managing the PID including undertaking the investigation and co-ordinating the protection of the discloser. In some circumstances the PID may be referred to another department for management (e.g. CMC).

The CEO shall ensure that appropriate action is taken in relation to wrong-doing that is the subject of a PID made to the entity.

4.3  Review

Staff should discuss any issues regarding actions, decisions with the PID Co-ordinator and have a right of review under the legislation (see Chapter 4 of the PIDA).

4.4 Confidentiality

A PID is confidential and QM will manage the disclosure and the process confidentially to minimise the risk of reprisal for the discloser. There may be situations in which the discloser’s identity can be inferred from some of the information required to be discussed by those involved. The details of the disclosure, any investigation and related documentation will be kept secure.

4.5  Recording & Reporting

The QM PID Co-ordinator shall manage all recording and reporting requirements as per section 7 of the PID Standard and section 29 of the PIDA.

5.0 RESPONSIBILITIES (who is/are the responsible person/s)

Staff considering making a disclosure are encouraged to seek assistance from the following sources:

a.  QM PID Co-ordinator, (Director, Corporate Services & Business Development)

b.  Staff rights and obligations under the PID Act, Public Service Commission Advisory Service Ph 1300 038 472, or www.ethics.qld.gov.au

c.  Crime and Misconduct Commission Ph (07) 3360 6060 or (toll free) 1800 061 611 www.cmc.qld.gov.au

6.0 POLICY BASE (what policy was used to develop this procedure)

QM31 Public Interest Disclosure Policy (September 2011)

7.0  DOCUMENT HISTORY (Summary of document amendments to be shown here)

VERSION / DATE / AMENDMENT
0.1 / September 2011 / Draft for comment
1.0 / October 2011 / Finalised

8.0 AUTHORISATION

Approved by: / Dr Ian Galloway
Title: / CEO, Queensland Museum
Signature: / 20/10/2011
Approval date: / A signed copy is available from QM Records

9.0 MORE INFORMATION (Who do I go to if I need to know more about this procedure?)

Policy owner/creator: / Director, Corporate Services and Business Development

Appendix 1 – Public Interest Disclosure Form

This form is to be completed by a staff member lodging a complaint under the QM PID policy.

I wish to lodge a complaint because I have an honest belief based upon reasonable grounds that a substantial and specific wrongdoing has occurred that should be considered as a PID under the QM PID policy and legislation:

The PID concerns:

□ Official misconduct

□ Maladministration

□ Misuse of resources

□ Danger to public health or safety or the environment

□ Danger to the health and safety of a person with a disability

________

1.  COMPLAINT DETAILS

In relation to your complaint, tell us about the issue: what happened? Who was involved? When and where did it happen? Attach a separate sheet if needed.

________

_________

______

________

_________

______

Make sure you provide the specific details of your complaint including details in relation to the mandatory points below.

·  What were the adverse effects of the decision/ action/ conduct / behaviour?

________

________

_________

______

·  Why you consider the decision/ action/ conduct / behaviour to be unfair, unreasonable or in breach of QG legislation, regulations and/or local policies and procedures.

______

______

______

______

______

·  What action do you believe is required to resolve this issue?

______

______

______

______

·  Do you believe that there may be reprisal against you in making this PID?

______

______

______

REASONABLE ENDEAVOURS TO RESOLVE COMPLAINT INFORMALLY

Have any endeavours been made to informally resolve the complaint?

Yes □ No □

If YES provide details of reasonable endeavours taken. ______

________

________

I have outlined the details of the complaint which I believe to be substantial and specific, and consider to be a PID under the QM policy and procedures:

Details of employee lodging the complaint:

Name: / Position:
Work Unit: / Program:
Preferred address for correspondence:
Telephone: / email:
Signature: / Date Lodged:

Employee Assistance Service (EAS)

Being involved in a complaint process can be a difficult time for employees. EAS is a free, confidential and voluntary counselling service. It aims to assist all staff of QAG with the resolution of personal and work-related problems.

How can I arrange an appointment with an EAP counsellor?

Phone Davidson Trahaire Corpsych: Phone 1300 360 364

Internet http://www.davcorp.com.au/

More info on the QM Intranet or contact CAA Workforce Strategy Branch – phone: 07 3842 9339

FOR QM USE ONLY
Date Lodged: / File No:
Received by: / Position:
Signature:
Referred to: / Date Referred:
Nature of PID
q / Official misconduct / q / Maladministration
q / Misuse of resources / q / Danger to public health, safety and environment
q / Danger to the health and safety of a person with a disability / q / Other (specify)
q / Not PID – may include Employee Complaint