(1) This Schedule describes the types and nature of disclosures that can be made under the Whistleblower Procedure.Whistleblower Procedure Schedule 1 - Types of Disclosures
Whistleblower Procedure Schedule 1 – Types of Disclosures
Victorian Public Interest Disclosure Act 2012
Commonwealth Corporations Act 2001
Who does it apply to
RMIT University
RMIT’s Australian controlled entities – RMIT Online, RMIT University Pathways
What can be disclosed
Improper conduct includes:
• criminal offences or corrupt conduct
• serious professional misconduct
• the dishonest performance of public functions
• the intentional or reckless breach of public trust or misuse or information
• the substantial mismanagement of public resources
• a substantial risk to health or safety of a person, or a substantial risk to the environment
• conduct of any person that adversely affects the honest performance by a public officer of their functions
• conduct of any person that is intended to adversely affect the effective performance by a public officer of their functions for the benefit of another person.
Detrimental action is a reprisal against someone who makes a public interest disclosure. It includes intimidation, harassment, discrimination or disadvantaging them in relation to their employment, career or trade.
• Information that the RMIT controlled entity, the RMIT Group or any of their employees has committed an offence against certain legislation (including the Corporations Act) or that is punishable by 12 months’ imprisonment or more or has engaged in conduct that represents a danger to the public or the financial system.
Who can make a disclosure
Anyone (an individual or group of individuals)
• associates of RMIT
• contractors and suppliers, or employees of a contractor or supplier, who has supplied goods or services to the RMIT controlled entity
• a spouse, relative or dependant of RMIT controlled entity employees, contractors or employees of contractors.
Who can a disclosure be made to
• Senior managers at RMIT who make, or participate in making, decisions that affect the whole or a substantial part of RMIT or who has the capacity to significantly affect RMIT’s financial standing
• ‘Stopline’, a business that is an independent external recipient of disclosures.
• RMIT’s internal or external auditor
• Legal practitioners
• Members of Commonwealth and State Parliaments (under certain conditions).
• The Australian Securities and Investments Commission
• Journalists.
Can a disclosure be made anonymously
Yes
Yes
Who can a disclosure be made about
RMIT University, its Council members and employees
The RMIT controlled entity,
What protections are provided
• You, your family, friends and colleges will be protected from being fired or bullied for making the public interest disclosure.
• You will be immune from any legal action in relation to you making the public interest disclosure.
• identifying you as a whistleblower, or disclosing any information which is likely to lead to you being identified as a whistleblower
• victimising you because you’ve made a whistleblower report. This includes dismissing you, altering your position or duties to your disadvantage, discriminating against you, harassing you, intimidating you or damaging your reputation
• enforcing any civil, criminal or administrative liability against you for making the whistleblower report
• enforcing or exercising any contractual or other remedy against you on the basis of your disclosure.
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Improper conduct or detrimental action by RMIT University or its current or former council members or employees
• Actual or suspected misconduct, or an improper state of affairs or circumstances in relation to the RMIT controlled entity or the RMIT Group.
Current or former:
• employees of the RMIT controlled entity
• The Whistleblower Coordinator
• Your report will be kept confidential and IBAC will never publicise your name.
Prevents anyone: