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Receiving and assessing disclosures

Has the disclosure been made in accordance with Part 2 of the Act?

Where a disclosure has been received by the Protected Disclosure Officer or by the Protected Disclosure Coordinator, he or she will assess whether the disclosure has been made in accordance with Part 2 of the Act and is, therefore, a protected disclosure.   

Has the disclosure been made to the appropriate person?

The MFB is obliged to investigate disclosures that concern an employee, member or officer of MFB.  If the disclosure concerns an employee, officer or member of another public body, the person who has made the disclosure must be advised of the correct person or body to whom the disclosure should be directed.  (See the table in 6.3).   

Does the disclosure contain the essential elements of a protected disclosure?

To be a protected disclosure, a disclosure must satisfy all of the following criteria:

• Did a natural person (that is, an individual person rather than a corporation) make the disclosure?
• Does the disclosure relate to conduct of a public body or public officer acting in their official capacity?
• Does the alleged conduct constitute either improper conduct (which has been engaged in, is currently being engaged in or is proposed to be engaged in) or detrimental action (which has been taken, is currently being taken or is proposed to be taken) in reprisal for making a protected disclosure?
• Does the person making a disclosure have reasonable grounds for believing the alleged conduct has occurred, is occurring or may be engaged in?

Where a disclosure is considered by the Protected Disclosure Officer to be a protected disclosure, it will be referred to the Protected Disclosure Coordinator.  The Protected Disclosure Coordinator will determine whether the disclosure is a public interest 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 Officer will decide how the matter should be responded to in consultation with the Protected Disclosure Coordinator.   
 
Is the disclosure a public interest disclosure?

If the Protected Disclosure Officer or Coordinator receives a disclosure that has been assessed to be a protected disclosure, the Protected Disclosure Coordinator will determine whether the disclosure amounts to a public interest disclosure.  This assessment will be made within 45 days of the receipt of the disclosure.

In reaching a conclusion as to whether a protected disclosure is a public interest disclosure, the Protected Disclosure Coordinator will consider whether the disclosure shows, or tends to show, that the public officer to whom the disclosure relates:

Division 2 of Part 4 of the Act (sections 28 to 32) requires public bodies that receive disclosures to determine whether the disclosure amounts to a public interest disclosure.   

• 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 a protected disclosure. 

Where the Protected Disclosure Coordinator concludes that the disclosure amounts to a public interest disclosure, he or she will: 

1. Notify the person who made the disclosure of that conclusion (unless the disclosure was made anonymously); and
2. Refer the disclosure to the Ombudsman for formal determination as to whether it is a public interest disclosure.

Where the Protected Disclosure Coordinator concludes that the disclosure is not a public interest disclosure, he or she will (unless the disclosure was made anonymously): 

1. Notify the person who made the disclosure of that conclusion; and
2. Advise that person that he or she may request MFB 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.

In either case, the Protected Disclosure Coordinator will make the notification and the referral within 14 days of the conclusion being reached. 

Note that even if a determination is made that a disclosure is not a public interest disclosure, it does not alter the decision that it is a protected disclosure and protections of the Act continue to apply. If the matter is not a public interest disclosure, it will not be investigated under the Act but the MFB will still consider whether the matter warrants investigation and a response in line with normal complaints management procedures.