2017-08-08 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   8 AUGUST 2017




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                          8 AUGUST 2017

    Further information on how to report a PID will be made available on Council's intranet and website.

    PID ASSESSMENT PROCESS
    For a disclosure to be considered an appropriate disclosure covered by these procedures and the PID
    Act, the disclosure must be assessed by the PID Coordinator and satisfy the subjective or objective
    test. The disclosure must satisfy the subjective test unless the disclosers motives are in doubt or the
    discloser is unaware they have made a disclosure in which case the objective test applies.
    Subjective Test
    The subjective test takes into account:
        1. The honest belief of the discloser; and
        2. Whether that belief is reasonable.

    If the discloser honestly believes on reasonable grounds that the information provided in the disclosure
    tends to show the conduct alleged, then the disclosure is an appropriate disclosure. The discloser must
    be appropriately protected when making a disclosure even if the information contained in the disclosure
    is proven incorrect or unsubstantiated.
    Objective Test
    This test applies where a discloser’s motives are in doubt or where the discloser does not know that the
    information they have provided is a PID.
    If the information tends to demonstrate probable conduct covered by the PID Act, regardless of the
    discloser’s beliefs, it is considered an appropriate disclosure. The objective test only takes into account
    the quality and credibility of the information received.
    If it a disclosure is not determined to be a PID matter, it may still be important and referred to one of
    Council’s other appropriate complaints processes or senior management for action.

    APPROPRIATE ACTION

    If a PID meets the Subjective or Objective Test (above), the organisation has a number of actions
    available to it depending on the nature of the PID including:
        1.  Resolving the PID managerially;
        2. Conducting an internal audit, or a review of an issue or the operations of a particular area;
        3.  Implementing or changing policies, procedures or practices;
        4.  Formally investigating the allegations; or
        5.  Referring the allegations to an appropriate external entity.
    Depending on the nature of the PID, the PID Coordinator in consultation with the CEO may determine it
    appropriate to investigate and manage the PID internally or engage an external investigator to conduct
    an investigation.
    The investigator (internal or external) of a PID should be independent and not have an actual or
    potential conflict of interest in the matter. They should be separate from any workgroup that includes
    the discloser or the subject(s) of the PID. Where the allegation is serious, involves senior management
    or implicates a group of employees, it is recommended that the CEO or PID Coordinator may choose to
    employ outside investigators in order to ensure objectivity and remove any potential conflict of interest.
    At the commencement of an investigation, the discloser should be:
        1.  Notified by the investigator that they have been appointed to conduct the investigation;
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    Public Interest Disclosure ManagementProgram-andProcedure

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