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Section 9 - Management of the person against whom a disclosure has been made

The Department recognises that employees against whom disclosures are made must also be supported during the handling and investigation of disclosures.  The Department will take all reasonable steps to ensure the confidentiality of the person who is the subject of the disclosure during the assessment and investigation process. Where investigations do not substantiate disclosures, the fact that the investigation has been carried out, the results of the investigation, and the identity of the person who is the subject of the disclosure will remain confidential.

The protected disclosure coordinator will ensure the person who is the subject of any disclosure investigated by or on behalf of a public body is:

  • informed as to the substance of the allegations;
  • given the opportunity to answer the allegations before a final decision is made;
  • informed as to the substance of any adverse comment that may be included in any report arising from the investigation; and has
  • his or her defence set out fairly in any report.

Where the allegations in a disclosure have been investigated, and the person who is the subject of the disclosure is aware of the allegations or the fact of the investigation, the protected disclosure coordinator will formally advise the person who is the subject of the disclosure of the outcome of the investigation.

The Department will give its full support to a person who is the subject of a disclosure where the allegations contained in a disclosure are clearly wrong or unsubstantiated.  If the matter has been publicly disclosed, the Secretary will consider any request by that person to issue a statement of support setting out that the allegations were clearly wrong or unsubstantiated.

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Continue to Section 10 - Dealing with Criminal Offences