On 1 July 2022 the Protected Disclosures (Protection of Whistleblowers) Act 2022 (“The Act”) came in to force, repealing and replacing the Protected Disclosures Act 2000. The Act provides increased protection for whistleblowers who disclose information about an organisation’s wrongdoings.
The Public Service Commission (“PSC”) released a statement that: The Protected Disclosures (Protection of Whistleblowers) Act 2022 continues the Protected Disclosures Act 2000. That the purpose is to facilitate the disclosure and investigation of serious wrongdoing in the workplace and to provide protection for employees and other workers who report concerns.
The PSC advised that the 2022 Act makes changes to address identified issues and improvements. The keys changes are as follows:
- extending the definition of serious wrongdoing to cover private sector use of public funds and authority and to cover behaviour that is a serious risk to the health and safety of any individual;
- allowing people to report serious wrongdoing directly to an appropriate authority at any time, while clarifying the ability of the appropriate authority to decline or refer the disclosure;
- strengthening protections for disclosers by specifying what a receiver of a disclosure should do;
- clarifying internal procedure requirements for public sector organisations and requiring them to state how they will provide support to disclosers; and
- clarifying the potential forms of adverse conduct disclosers may face.
The PSC further stated that organisations, both public and private sector, have responsibilities under the Act as receivers of protected disclosures, including sometimes as Appropriate Authorities. Public sector organisations must have appropriate internal procedures for protected disclosures and must publicise these procedures widely.
Appropriate Authorities are defined in the Act and includes the head of any public sector organisation, any officer of Parliament and includes the persons or bodies listed in Schedule 2 of the Act. Further it includes the membership body of a particular profession, trade or calling with the power to discipline is members, but does not include a Minister or member of Parliament.
The Act provides for special provisions allowing the Chief Ombudsman to review and guide any public sector organisation that is carrying out an investigation of a protected disclosure. The Chief Ombudsmen can review disclosures directly and investigate them, they are the only appropriate authority for a protected disclosure that is or includes international relations information.
If your organisation is looking to encourage an open reporting culture, or is currently grappling with how to handle a protected disclosure by one of your employees about serious wrongdoing in your workplace, the Ombudsman can provide information and guidance. There are multiple guides available, including the following:
- Whistle-Blowing: A guide to Protected Disclosures Act
- Checklist – Am I ready to make a protected disclosure? (This checklist will assist if you are considering making a protected disclosure about serious wrongdoing in your workplace, or wondering whether you need more information and guidance. It applies if you work in both the public and private (including not-for-profit) sectors.)
- Protected Disclosures – Guidance on internal policies and procedures – July 2022
These can all be found online at: www.ombudsman.parliament.nz/resources/making-protected-disclosure-guide-blowing-whistle.
