The Protected Disclosure Act 2012 (Vic.) is designed to help people make disclosures about improper conduct within the public sector without fear of reprisal. The Act aims to make the public sector more open and accountable by encouraging people to make disclosures and protecting them when they do.
Museums Victoria is committed to the aims and objectives of the Act. In accordance with Section 58 of the Act, Museums Victoria has established a policy that addresses the making of protected disclosures under the Act, the handling of those disclosures, and protection of individuals from detrimental action taken in reprisal for a person having made a disclosure.
More information about protected disclosure and the Protected Disclosure Act 2012 (Vic.) is available at the Independent Broad-Based Anti-Corruption Commission (IBAC) website.
Protected Disclosure Policy
The purpose of this policy is to establish a system for reporting Disclosures of Improper Conduct or Detrimental Action under the Protected Disclosures Act 2012 (Vic.).
Museums Victoria recognises the value of transparency and accountability in its administrative and management practices, and supports the making of Disclosures that reveal Corrupt Conduct or Improper Conduct. Museums Victoria is committed to the aims and objectives of the Protected Disclosures Act 2012 (Vic.) and does not tolerate Improper Conduct by its staff, nor victimisation of those who come forward to disclose such conduct.
Key Policy Principles
- Disclosures can be made to the Museums Victoria Protected Disclosure Coordinator or to an Investigating Entity.
- The Protected Disclosure Coordinator will assess Disclosures made and refer those deemed to be Protected Disclosures to an Investigating Entity. Museums Victoria cannot investigate Protected Disclosures.
- The Protected Disclosure Coordinator will maintain the security and confidentiality of Disclosures when assessing and referring Disclosures to an Investigating Entity.
- Disclosures may be made by staff, anyone who is engaged to perform work at Museums victoria, research fellows, volunteers, or by members of the public.
- Museums Victoria will take all reasonable steps to protect people who make Disclosures from any Detrimental Action arising from the Disclosure.
- ‘Disclosure’ is used in the ordinary sense to mean a ‘revelation’ to the person receiving it.
- A ‘Protected Disclosure’ is a report made by a person about Improper Conduct of public bodies or public officers to any of the organisations specified in Part 2 of the Protected Disclosures 2012 Act (Vic.).
- ‘Improper Conduct’ means conduct that is Corrupt, a substantial mismanagement of public resources, or conduct involving substantial risk to public health or safety or to the environment. The conduct must be serious enough to constitute, if proved, a criminal offence or reasonable grounds for dismissal.
- ‘Corrupt conduct’ means:
- conduct of any person (whether or not a public official) that adversely affects the honest performance of a public officer’s or public body’s functions
- the performance of a public officer’s functions dishonestly or with inappropriate partiality
- conduct of a public officer, former public officer or a public body that amounts to a breach of public trust
- conduct by a public officer, former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their official functions
- a conspiracy or attempt to engage in the above conduct.
- ‘Detrimental Action’ includes:
- action causing injury, loss or damage
- intimidation or harassment
- discrimination, disadvantage or adverse treatment in relation to a person’s employment, careers, profession, trade or business, including the taking of disciplinary action.
- ‘Investigating Entities’ are the Independent Broad-based Anti-corruption Commission, the Ombudsman, the Chief Commissioner of Police and the Victorian Inspectorate. Only these entities can investigate a Protected Disclosure complaint.
Museums Victoria's Protected Disclosure Coordinator
Mr Mark Toohey
Director Corporate Services
GPO Box 666
Melbourne VIC 3001