Whistleblower Program Policy

To view or download this policy as a PDF click Community and General Policies Documents

Purpose

The purposes of this Policy are as follows:

• To encourage and facilitate disclosures of maladministration, corrupt or illegal conduct occurring in the Council.
• To strengthen Council's internal controls and procedures.
• To enhance community confidence that Council is committed to good governance and ethical behaviour.
• To provide an environment where people are supported in the reporting of corrupt and illegal practices and that such persons are not victimised for reporting these matters.
• To ensure that Council complies with relevant legislation.

Scope

Because Council is classified as a public body under Section 16(1) of Independent Commissioner Against Corruption 2017 (the Act), mandatory reporting of suspected improper conduct applies to it and its associated public officers as defined in Section 16(2) of the Act.

Whistleblowing protections are applicable to any person reporting suspected Improper Conduct and who is seeking protection under the Act.

Definition and Terms

For the purposes of this Policy, the following definitions apply:

Employee means any person employed by or working for Council, either as a salaried officer, wages recipient, volunteer, temporary or employment agency staff or Elected Member.

The Act is the Independent Commissioner Against Corruption Act 2017.

ICAC is the Independent Commissioner Against Corruption.

Improper Conduct is defined in the Act as follows:

1. Each of the following is improper conduct:
   1. corrupt conduct;
   2. misconduct;
   3. unsatisfactory conduct;
   4. anti-democratic conduct;
   5. conduct constituting an offence against this Act;
   6. conduct (the secondary conduct) engaged in by any person in relation to conduct mentioned in paragraphs (a) to (e) (the primary conduct) as provided by subsection (2).
2. For subsection (1)(f), secondary conduct is conduct that would constitute an offence against one of the following sections of the Criminal Code on the assumption that the primary conduct is an offence, whether or not the primary conduct is in fact an offence:
   1. section 43BF (attempt);
   2. section 43BG (complicity and common purpose);
   3. section 43BH (innocent agency);
   4. section 43BI (incitement);
   5. section 43BJ (conspiracy).
3. Secondary conduct is taken to be the same type of improper conduct as the primary conduct to which it relates.

Protected action exists if:

1. the person, being an individual, makes a protected communication; or
2. the person (whether or not an individual) takes another action in the course of, or for the purpose of:
   1. complying with this Act; or
   2. cooperating with a person or body performing functions under this Act.

Despite the above, an action is not protected action to the extent the action involves the provision or communication of information the person taking the action knows or believes is misleading information.

Protected communication means a voluntary reporting of information that a person believes on reasonable grounds:

1. would tend to show that improper conduct has occurred, is occurring or is at risk of occurring; or
2. would assist the ICAC to perform the ICAC’s functions; or
3. would otherwise assist in the administration, or achieving the objects, of the Act.

Public Officer means:

1. the holder of an office established under an Act who is appointed by the Administrator or a minister;
2. a member, officer or employee of a public body; or
3. any other person engaged, whether under the Contracts Act or otherwise, by or on behalf of a person mentioned above in relation to the performance of official functions.

Retaliation means a person engages in retaliation against another person (the victim) if the person causes, or threatens to cause, harm to the victim:

1. with the intention of discouraging the victim or a third person from taking protected action; or
2. with the intention of discouraging the victim or a third person from supporting a protected person; or
3. because of protected action taken, or suspected by the person to have been taken, by the victim; or
4. because of action taken, or suspected by the person to have been taken, by the victim to support a protected person.

Whistleblower means any person who makes a protected communication about Improper Conduct.

Legislation and Reference

The Independent Commissioner Against Corruption Act 2017 - Part 6 is the primary relevant legislation.

This Policy is to be read in conjunction with Council's Whistleblower Program Procedure.

In formulating this Policy, the following sources of information are acknowledged:

• AS 8004-2003 "Whistleblower protection programs for Entities" - Australian Standard™.
• "Dealing with voluntary protected communications - Directions and Guidelines - Section 96 Independent Commissioner Against Corruption Act 2017 (ICAC Act)" - ICAC, January 2024.
• "Mandatory Reporting Directions and Guidelines for Public Officers - Issued pursuant to section 22 of the Independent Commissioner Against Corruption Act 2017 (NT)" - ICAC - November 2023.
• "Guidelines for the minimisation of retaliation against protected persons - Section 106 Independent Commissioner Against Corruption Act 2017 (ICAC Act)" - ICAC - January 2024.
• Published Whistleblower Policies of other Councils including Litchfield Council and MacDonnell Regional Council.

Policy Statement

Council is committed to the objectives of the Act, the protection of Whistle-blowers and to ensure its compliance with the provisions of the Act.

Council is committed to the principles of natural justice and procedural fairness, namely:

1. The premise that a person is innocent until proven otherwise;
2. The right to be heard, which means the right to have a fair hearing, with the opportunity to present one's case;
3. The right to have a decision made by an unbiased decision-maker;
4. The right to have the decision based on evidence;
5. Clear communication of policies, procedures and instructions.

This Policy is intended to augment routine communication between management, staff and the public only when circumstances warrant a formal disclosure protected communication under the Act.

Council is committed to investigating all information supplied in a confidential manner and taking appropriate action.

Council will not condone retaliation, breach of confidentiality or other breaches of the requirements of the Act.

Review History