Making a Protected Disclosure
To check if it is appropriate to make a protected disclosure, see Protected Disclosure.
At St Joseph's School, a discloser should direct internal disclosures to the principal. If the principal is involved or the discloser does not feel comfortable disclosing to the principal, disclosures should be made to the board chair. A disclosure can be made to an 
appropriate outside authority at any time. A discloser can make a protected disclosure to the Ombudsman at any time. 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.
Under the Protected Disclosures (Protection of Whistleblowers) Act 2022, appropriate authorities include:
- the head of any public sector organisation (e.g. Ministry of Education, Education Review Office)
- any officer of Parliament (e.g. Ombudsman, Commissioner for the Environment, or Controller and Auditor–General)
- any other appropriate persons or bodies (e.g. the Teaching Council of Aotearoa New Zealand, the Police, the Human Rights Commission, Oranga Tamariki).
For examples of appropriate authorities, see the people and groups listed in Schedule 2 of the Act.
An appropriate authority does not include:
- a Minister
- a Member of Parliament
- the media.
Note that under the Act an appropriate outside authority does not include disclosure to kaumātua within our school. However, if a prospective discloser wishes to speak with any person, including kaumātua, about a disclosure, they should make it clear that the information is confidential and for the purposes of seeking advice on whether or how to make a protected disclosure under the Act.
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.
The Ombudsman is available to provide information and guidance to anyone who is considering making, or has made, a protected disclosure.
How to make a protected disclosure to the school
A person who wants to make a protected disclosure should put the disclosure in writing, unless there is a genuine reason that this is not possible.
- Information to provide
Provide information that demonstrates the serious wrongdoing. Include any documents or evidence to support this, as well as any concerns about confidentiality or risks arising from the disclosure. State that the disclosure is to be protected.
- Who to disclose to
Send the disclosure by email or as a hard copy to the principal. If the disclosure involves the principal, send the disclosure to the board chair. Disclosures can also be made to to an appropriate outside authority at any time.
Under the Protected Disclosures (Protection of Whistleblowers) Act 2022, appropriate authorities include:
- the head of any public sector organisation (e.g. Ministry of Education, Education Review Office)
- any officer of Parliament (e.g. Ombudsman, Commissioner for the Environment, or Controller and Auditor–General)
- any other appropriate persons or bodies (e.g. the Teaching Council of Aotearoa New Zealand, the Police, the Human Rights Commission, Oranga Tamariki).
For examples of appropriate authorities, see the people and groups listed in Schedule 2 of the Act.
An appropriate authority does not include:
- a Minister
- a Member of Parliament
- the media.
Note that under the Act an appropriate outside authority does not include disclosure to kaumātua within our school. However, if a prospective discloser wishes to speak with any person, including kaumātua, about a disclosure, they should make it clear that the information is confidential and for the purposes of seeking advice on whether or how to make a protected disclosure under the Act.
- What the receiver will do
Within 20 working days of receiving a protected disclosure, the receiver will:
- acknowledge receipt of the disclosure
- consider the disclosure and whether it warrants investigation
- check with the discloser whether the disclosure has been made elsewhere
- deal with the matter
- inform the discloser.
For more information about what happens next, including what happens when it is impracticable to complete these actions within 20 working days, see Managing a Protected Disclosure.
Support for the discloser
The receiver of the disclosure (principal or board chair) will look to provide appropriate support to any discloser.
Depending on the type of discloser, supports may include:
- employee assistance programme
- peer support
- professional support (e.g. union, NZPF)
- the Ombudsman
- senior staff not involved with the investigation.
It is important when accessing support (as above) that the discloser tells the relevant person that the discussion is confidential and for the purposes of support for a protected disclosure.
Disclosure not managed correctly
If the discloser feels the disclosure was not managed correctly by the school, they can make the same disclosure to an appropriate outside authority, including the Ombudsman or a Minister.
Under the Protected Disclosures (Protection of Whistleblowers) Act 2022, appropriate authorities include:
- the head of any public sector organisation (e.g. Ministry of Education, Education Review Office)
- any officer of Parliament (e.g. Ombudsman, Commissioner for the Environment, or Controller and Auditor–General)
- any other appropriate persons or bodies (e.g. the Teaching Council of Aotearoa New Zealand, the Police, the Human Rights Commission, Oranga Tamariki).
For examples of appropriate authorities, see the people and groups listed in Schedule 2 of the Act.
An appropriate authority does not include:
- a Minister
- a Member of Parliament
- the media.
Note that under the Act an appropriate outside authority does not include disclosure to kaumātua within our school. However, if a prospective discloser wishes to speak with any person, including kaumātua, about a disclosure, they should make it clear that the information is confidential and for the purposes of seeking advice on whether or how to make a protected disclosure under the Act.
Possible reasons for feeling a disclosure was not managed correctly include:
- it was not investigated
- it was investigated but no progress was made in a reasonable amount of time
- no decision was made about it within 20 working days
- no action was taken or recommended, despite the discloser believing the information disclosed is true or likely to be true.
Related policies
Resources
- Ombudsman New Zealand | Kaitiaki Mana Tangata:
Hei mihi | Acknowledgement
SchoolDocs appreciates the input of employment law specialists at Anderson Lloyd in the internal review of our Protected Disclosure policies.
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: Term 1 2025, Term 2 2022
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