Managing the welfare of the whistleblower
Commitment to protecting whistleblowers
MFB is committed to the protection of whistleblowers against detrimental action taken in reprisal for the making of protected disclosures. The Protected Disclosure Coordinator is responsible for ensuring whistleblowers are protected from direct and indirect detrimental action, and that the culture of the workplace is supportive of protected disclosures being made.
- The Protected Disclosure Coordinator will appoint a welfare manager to all whistleblowers who have made a protected disclosure (Refer to page 6.5 for duties of the Welfare Manager).
All employees will be advised that it is an offence for a person to take detrimental action (see paragraph 4.3 above) in reprisal for a protected disclosure. The maximum penalty for taking such action is a fine of 240 penalty units or two years imprisonment or both. The taking of (or proposing to take) detrimental action in breach of this provision can also be grounds for making a disclosure under the Act and can result in an investigation.
Keeping the whistleblower informed
Except in the case of an anonymous disclosure, the Protected Disclosure Coordinator will ensure the whistleblower is kept informed of action taken in relation to his or her disclosure, and the time frames that apply to any referral to the Ombudsman and/or investigation. Unless to do so would endanger the safety of any person or prejudice the investigation, the whistleblower will be informed of the findings of an investigation and
the steps taken by MFB to address any improper conduct that has been found to have occurred. All communication with the whistleblower will be in plain English.
Occurrence of detrimental action
If a whistleblower reports an incident of harassment, discrimination or adverse treatment that may amount to detrimental action taken in reprisal for the making of a disclosure, the welfare manager will:
- Record details of the incident;
- Advise the whistleblower of his or her rights under the Act; and
- Advise the Protected Disclosure Coordinator or Chief Executive Officer of the detrimental action.
Where detrimental action is reported, the Protected Disclosure Coordinator will assess the report as a new disclosure under the Act. If the Protected Disclosure Coordinator is satisfied that the disclosure of detrimental action is a public interest disclosure, he or she will refer it to the Ombudsman. If the Ombudsman subsequently determines the matter to be a public interest disclosure, the Ombudsman may investigate the matter or refer it to the MFB or another body for investigation as outlined in the Act.
Whistleblowers implicated in improper conduct
The act of whistleblowing will not shield whistleblowers from the reasonable consequences of their own involvement in improper conduct. Section 17 of the Act specifically provides that a person’s liability for his or her own conduct is not affected by the person’s disclosure of that conduct under the Act. However, in some circumstances, an admission may be a mitigating factor when considering disciplinary or other action.
The Chief Executive Officer will make a decision on the advice of the Protected Disclosure Coordinator as to whether disciplinary or other action will be taken against a whistleblower who has acted improperly. Any such action will only be taken once the processes associated with the disclosure and investigation have been completed.
In all cases where disciplinary or other action is being contemplated, the Chief Executive Officer 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 Coordinator will thoroughly document the action taken in respect of the whistleblower's conduct including recording the reasons why disciplinary or other action is or is not being taken, and the reasons why the MFB believes the action is not in retribution for the making of the disclosure. The Protected Disclosure Coordinator will clearly advise the whistleblower of the proposed action to be taken, and of any mitigating factors that have been taken into account.