St Joseph's School
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St Joseph's School is committed to handling protected disclosures properly as required under the Protected Disclosures (Protection of Whistleblowers) Act 2022. We treat people fairly and seek to protect their mana and dignity. We encourage anyone who meets the definition of a discloser (i.e. staff members, contractors, members of the board, and volunteer workers) to make a protected disclosure if they believe on reasonable grounds there is or has been serious wrongdoing. We treat protected disclosures seriously, assess them promptly to determine if an investigation is required, and seek legal advice as needed.
We have internal procedures that meet the requirements of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (s 29) and we share this information regularly with staff members, contractors, members of the board, and 
volunteer workers. We provide reminders annually and have information available at our school office.
Protected disclosures are made to the principal. If the principal is involved, disclosures are made to the board chair. If it is not appropriate to disclose to the principal or the board chair, the disclosure should be made to an appropriate outside authority. Note that a disclosure may be shared with any member of the board, who is not involved and does not have a conflict of interest, as necessary for the investigation. A discloser can make a protected disclosure to the Ombudsman at any time.
Protected disclosures are managed differently to our usual processes for raising a concern or making a complaint. If someone does not meet the definition of a "discloser" (see below), or believes their issue does not constitute "serious wrongdoing" (see below), but wants to share a concern they should follow our concerns and complaints process. See Concerns and Complaints Policy.
Grounds for a protected disclosure
Discloser
Under the Protected Disclosures (Protection of Whistleblowers) Act 2022 Act (s 8), the person reporting serious wrongdoing is called the "discloser".
At St Joseph's School, a "discloser" means an individual who is or has been an employee (including someone who is/was employed on secondment), a contractor, a volunteer, or a member of the board. A person who discloses information in support of, or relating to, a protected disclosure by someone else is also entitled to protection, as long as they meet the requirements of the Act.
Serious wrongdoing
The Protected Disclosures (Protection of Whistleblowers) Act 2022 explains the procedures to follow when making a disclosure, as well as the protections available to anyone who makes a disclosure. The Act is about reporting "serious wrongdoing". Not all wrongdoing is covered by the Act.
Employees at St Joseph's School can report serious wrongdoing in the workplace by making a protected disclosure.
Under the Protected Disclosures (Protection of Whistleblowers) Act (s 10), "serious wrongdoing" includes:
When a disclosure will be protected
Under the Protected Disclosures (Protection of Whistleblowers) Act (s 11), a person's disclosure will be protected if:
Under the Act (s 9, s 39), a person's disclosure will not be protected if:
For information about how to make a protected disclosure (including accessing advice and support), see Making a Protected Disclosure.
For information about how St Joseph's School manages a protected disclosure, see Managing a Protected Disclosure.
Protections under the Act
Under the Protected Disclosures (Protection of Whistleblowers) Act, disclosers are protected in the following ways:
Disclosers are not protected from civil or criminal liability if they were also involved in the wrongdoing.
If the discloser is an employee as defined in the Employment Relations Act 2020 and has experienced or been threatened with retaliatory action they may consider a personal grievance.
Protections still apply if the discloser is mistaken about the nature or accuracy of the information they disclose.
Confidentiality
At St Joseph's School, we endeavour to keep confidential any information that might identify a discloser, unless one of the exceptions in the Act applies (see below). This also means we will refuse any request for official information if releasing that information might identify a discloser. We encourage anyone in our school community to seek information and guidance from the Ombudsman in relation to confidentiality and making a protected disclosure. It is possible to make an anonymous protected disclosure but we might not be able to investigate the information if we don't know who the discloser is and we can't ask further questions. The Ombudsman can provide advice about anonymous disclosures.
Exceptions to the requirement for confidentiality include:
natural justiceWe seek advice (e.g. lawyer, Ombudsman, NZSBA) if considering the release of identifying information.
If we decide to release information that might identify a discloser, we consult with the discloser as soon as practicable unless this is not practicable in order to prevent a serious risk to public health, safety, or the environment.
If a discloser thinks that confidentiality has been breached, they can contact the Privacy Commissioner.
The principal assures the board that the school has internal procedures that meet the requirements of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (s 29). The principal confirms that this information is shared regularly with staff members, contractors, members of the board, and volunteer workers. See Review Schedule and Board Assurances.
(see Guide to making a protected disclosure 
) (see flowchart)Hei mihi | Acknowledgement SchoolDocs appreciates the input of employment law specialists at Anderson Lloyd in the internal review of our Protected Disclosure policies. |
Release history: Term 1 2025, Term 2 2022
