Section 7 - Action taken after an investigation
7.1 Investigator’s final report
At the conclusion of the investigation, the investigator will submit a written report of his or her findings to the protected disclosure coordinator. The report will contain:
- the allegation/s;
- an account of all relevant information received and, if the investigator has rejected evidence as being unreliable,
- the reasons for this opinion being formed;
- the conclusions reached and the basis for them; and
- any recommendations arising from the conclusions.
Where the investigator has found that the conduct disclosed by the discloser has occurred, recommendations made by the investigator will include:
- the steps that need to be taken by the Department to prevent the conduct from continuing or occurring in the future; and
- any action that should be taken by the Department to remedy any harm or loss arising from the conduct.
The steps to be taken may include breach of the code of conduct proceedings if the person is a state servant or disciplinary proceedings against the person responsible for the conduct, and referring the matter to an appropriate authority for further consideration. For example, if the investigation has revealed conduct that may constitute a criminal offence, such matters should be referred to Tasmania Police.
The report will be accompanied by:
- the transcript or other record of any oral evidence taken, including tape recordings; and
- all documents, statements or other exhibits received by the officer and accepted as evidence during the course of the investigation.
Where the investigator’s report includes an adverse comment against any person, that person will be given the opportunity to respond and his or her defence will be fairly included in the report.
The report is not to disclose particulars likely to lead to the identification of the discloser.
7.2 Action to be taken ss.75 and 76
If the protected disclosure coordinator is satisfied that the investigation has found that the disclosed conduct has occurred, he or she will recommend to the Secretary the action that must be taken to prevent the conduct from continuing or occurring in the future. The protected disclosure coordinator may also recommend that action be taken to remedy any harm or loss arising from the conduct.
The protected disclosure coordinator will provide a written report to the Minister, the Ombudsman and the discloser setting out the findings of the investigation and any remedial steps taken.
Where the investigation concludes that the disclosed conduct did not occur, the protected disclosure coordinator will report these findings to the Ombudsman and to the discloser.
Continue to Section 8 - Managing the welfare of the discloser