In certain circumstances a complaint of corrupt or improper conduct by RMIT University or an RMIT University employee will be a protected disclosure.This guideline belongs to the Protected disclosure policy process.
The Protected Disclosure Act 2012 (Vic) enables people to make disclosures about improper conduct within the public sector without fear of reprisal. The Act aims to ensure openness and accountability by encouraging people to make disclosures and protecting them when they do. This Act replaces the former Whistleblowers Protection Act.
It is an offence to reveal information about the content of a protected disclosure including the identity of the person who made the disclosure, except in limited circumstances. A breach of confidentiality constitutes a criminal offence punishable by a significant penalty and/or up to two years imprisonment. It is also a criminal offence to harass, intimidate, disadvantage or discriminate against another person because they have made a protected disclosure.
All matters relating to a protected disclosure will be managed in accordance with the Protected disclosure policy process.
The IBAC Act 2011 (Vic) sets out corrupt conduct as conduct of any:
- person that adversely affects the honest performance by a public officer or public body of their functions (RMIT University is a public body);
- public officer or public body that constitutes or involves the dishonest performance of their functions;
- public officer or public body that knowingly or recklessly breaches public trust;
- public officer or public body that involves the misuse of information or material acquired in the course of the performance of their role or function, whether or not for the benefit of the public body or person;
- public officer or public body who conspires or attempts to engage in the above corrupt activity.
The conduct must, if the facts were found proved beyond reasonable doubt at a trial, constitute an indictable offence.
A protected disclosure about RMIT University or an RMIT University employee must be made direct to the Independent Broad-based Anti-corruption Commission (IBAC). A disclosure can be made:
- In person
- In writing (including using IBAC’s online complaint forms or by post)
- By telephone
- Via email
A disclosure may be made anonymously. However, this may affect the outcome of the matter and you won’t be notified of the outcome. To progress the investigation, details may be required of you or need to be verified.
All disclosures will be managed confidentially, protecting personal information from unauthorised use. Any information provided to IBAC will be collected and used only for the purpose of assessing, investigating and responding to the matters raised.
There are specific provisions in the IBAC Act which govern how and when information may be disclosed and only those who ‘need to know’ will have access to the information contained in the disclosure. Particular care is taken in relation to protecting the identity of the person making the disclosure.
Status & details
Custodian: Chief Risk Officer
Operational responsibility: Internal Audit & Risk Management
Effective from: 27 April 2017
Last updated: 27 April 2017