Managing a Protected Disclosure
At St Joseph's School, when we receive a protected disclosure, we follow the actions below, which are based on the requirements of the Protected Disclosures (Protection of Whistleblowers) Act 2022. We treat protected disclosures seriously and seek legal advice as needed.
The receiver of the disclosure (principal or board chair) will aim to provide appropriate support to any discloser. The school also informs the discloser that they can seek support from the Ombudsman and other services (e.g. union, professional body, lawyer). For more information about supports, see Making a Protected Disclosure.
The school, as the receiver of a protected disclosure, can contact the Ombudsman and other services for advice and support. The receiver will only inform others about the disclosure on a need-to-know basis (e.g. the board chair if the disclosure was received by the principal).
Receiver's actions
Within 20 working days of receiving a protected disclosure, the receiver:
- acknowledges to the discloser the date the disclosure was received (if the disclosure was made verbally, we summarise the receiver’s understanding of the disclosure in writing and share it with the discloser)
- considers the disclosure and whether it warrants investigation
- checks with the discloser whether the disclosure has been made elsewhere (and any outcome)
- deals with the matter by doing one or more of the following:
- investigating the disclosure
- addressing any serious wrongdoing by acting or recommending action
- referring the disclosure (Protected Disclosures (Protection of Whistleblowers) Act, s 16)
- deciding that no action is required (Protected Disclosures (Protection of Whistleblowers) Act, s 15)
- informs the discloser (with reasons) about what the receiver has done or is doing to deal with the matter.
If it is impracticable to complete the actions above within 20 working days, the receiver:
- informs the discloser of the expected timeframe for managing the matter
- updates the discloser about progress, as appropriate
- continues to comply with our policy, internal procedures, and the Act
- updates the discloser about steps being taken to deal with the disclosure.
Outcomes of a disclosure
Outcomes of a disclosure may include:
- We may act to address any serious wrongdoing. This may include carrying out an employee misconduct investigation, changing our processes, terminating a relationship with a contractor or volunteer, or another appropriate outcome as determined by the principal and/or board.
- We may decide to refer the disclosure to an
appropriate outside authority such as the Ministry of Education, Education Review Office, police, or the Human Rights Commission (after consulting with the discloser and the authority we intend to refer to).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.
- In some situations, after seeking advice as needed (e.g. consulting the Ombudsman or lawyer), we may decide that no action is required.
Situations where we may decide no action is required in relation to a protected disclosure include if:
- the disclosure does not meet legal requirements of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (s 15.2a)
- "Meaning of discloser" (s 8)
- "Meaning of protected disclosure" (s 9)
- "Meaning of serious wrongdoing" (s 10)
- the length of time between the alleged serious wrongdoing and the disclosure makes an investigation impracticable or undesirable (s 15.2c)
- the matter is better addressed by other means (s 15.2c).
We inform the discloser about what we have done or are doing to manage the matter and why. We take care not to prejudice any other processes in progress, or affect any other person's right to confidentiality.
If we decide not to take any action, we will inform the discloser of that decision in writing and give our reasons.
Resources
Hei mihi | Acknowledgement
SchoolDocs appreciates the input of employment law specialists at Anderson Lloyd in the review of our Protected Disclosure policies.
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: Term 1 2025, Term 2 2022
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(see Checklist How to protect whistleblower confidentiality 
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