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Monash University Whistleblower Disclosures

Monash University supports the making of whistleblower disclosures which can be made under Commonwealth or Victorian law.

The University will provide appropriate support to persons who make a whistleblower disclosure about or involving the University, and to other persons involved in the whistleblower disclosure process, and will in all respects comply with its legal obligations.

This page, and the Whistleblower Policy, Whistleblower Procedure and the below FAQs contain important information for anyone thinking of making a whistleblower disclosure in relation to the University.

How to make a Whistleblower Disclosure

Under the Commonwealth law, you can make a disclosure to the University, including an anonymous disclosure, by using the on-line disclosure form or emailing whistleblower@monash.edu.

We suggest that, where the Commonwealth law applies, whistleblowers make their disclosure to the University in the first instance via the on-line form or email account. The University will then be in a position to readily assess the disclosure and, where appropriate, commence an investigation, implement measures to ensure confidentiality, and provide appropriate support and protection for the whistleblower (and any other persons who may be involved in the disclosure).

Under the Commonwealth law, you can also make a disclosure directly to an eligible recipient of the University or a related body corporate, or certain external agencies, such as ASIC, APRA and (in the case of a disclosure regarding tax affairs, the ATO).

Under the Victorian law, a whistleblower disclosure (called a ‘public interest disclosure’) can only be made to the Independent Broad-based Anti-corruption Commission (IBAC) and (in relation to administrative actions of the University) the Victorian Ombudsman (VO). For information on how to make a disclosure to IBAC and the Ombudsman, contact IBAC or the VO.

As well as prescribing who can receive a whistleblower disclosure, the Commonwealth and Victorian law prescribe certain rules for who can make a whistleblower disclosure, who and what the disclosure can be about, and the protections afforded to whistleblowers.

FAQs

What is a whistleblower disclosure?

Who is responsible for whistleblower disclosures at the University?

What laws apply to whistleblower disclosures?

What policies apply to whistleblower disclosures about the University?

Who can make a whistleblower disclosure?

What can a whistleblower disclosure be about?

The scope of who and/or what a whistleblower disclosure can be about depends on whether the disclosure is made under the Commonwealth or Victorian Law. In practice, the Commonwealth and Victorian Law will usually apply to the same conduct.

Under the Commonwealth Law, a whistleblower disclosure can be made about any information about which the whistleblower has reasonable grounds to suspect concerns misconduct, or an improper state of affairs or circumstances, in relation to the University or a related body corporate. This includes (but is not limited to) information that the University, or an officer or staff member of the University or a related body corporate, has engaged in conduct that:

constitutes an offence against or contravention of specified Commonwealth corporate and financial legislation;
constitutes an offence against other Commonwealth (but not State) legislation that is publishable by one year or more in prison; or
represents a danger to the public or the financial system.

Under the Victorian Law, a whistleblower disclosure can be made about any information that shows, or tends to show, or the whistleblower believes on reasonable grounds shows or tends to show, that any person or the University has engaged in, is engaging in or proposes to engage in improper conduct. Improper conduct includes corrupt conduct. It also includes conduct by University staff in their capacity as University staff, or the University, that constitutes:

a criminal offence (under Commonwealth or Victorian law);
serious professional misconduct;
dishonest performance of public functions;
an intentional or reckless breach of public trust;
an intentional or reckless misuse of information or material acquired in the course of the performance of their functions;
a substantial mismanagement of public resources;
a substantial risk to the health or safety of one or more persons; or
a substantial risk to the environment.

It also includes conduct by any person that adversely affects the honest performance of functions by University staff or the University, is intended to adversely affect the effective performance or exercise of functions by University staff or the University and results in the person obtaining certain types of benefits. In addition, it includes conduct that constitutes a conspiracy or attempt to engage in any of the above conduct.

Finally, under the Victorian Law, a whistleblower disclosure can be made about any information that shows, or tends to show, or the whistleblower believes on reasonable grounds shows or tends to show, that University staff or the University has taken, is taking or proposed to take reprisal action (detrimental conduct towards the whistleblower because of the whistleblower proposed to make, or made, the disclosure).

How can a whistleblower disclosure be made about the University?

The process for making a whistleblower disclosure depends on whether the disclosure is made under the Commonwealth or Victorian Law. (See What laws apply to whistleblower disclosure?)

One key difference is that whistleblower disclosures under the Commonwealth Law can be made to the University itself, whereas whistleblower disclosures under the Victorian Law must be made to IBAC or (in relation to administrative action of the University) the VO.

Whistleblower disclosures made to the University will be considered to be made under the Commonwealth Law unless the matter to which the disclosure relates can only be dealt with under Victorian Law or the person making the disclosure clearly states that they intend to make the disclosure under the Victorian law. In those situations, the University may direct the person to IBAC or the VO.

Under the Commonwealth Law, whistleblower disclosures can be made to an eligible recipient of the University or a related body corporate, the Australian Securities and Investments Commission (ASIC) or the Australian Prudential Regulation Authority (APRA) (although ASIC and APRA are unlikely to have jurisdiction to investigate disclosures regarding the University) or, in the case of a disclosure about the tax affairs of the University, the Australian Taxation Office (ATO). For more information on making whistleblower disclosures directly to these agencies, contact ASIC, APRA or the ATO.

The University’s Chief Operating Officer is the Monash Whistleblower Co-ordinator, and is authorised by the University to receive whistleblower disclosures.

Whistleblower disclosures can be made to the Monash Whistleblower Co-ordinator (See Who is responsible for whistleblower disclosures at the University?) via the form or by email to whistleblower@monash.edu.

The University recommends that, where the Commonwealth Law applies, whistleblowers make their disclosure directly to the University in the first instance. The University will be in a position to assess the disclosure and, where appropriate, commence an investigation, implement measures to ensure confidentiality and provide appropriate support and protection for the whistleblower (and any other person who may be involved in the whistleblower disclosure).

Under Commonwealth Law, a whistleblower may also make a disclosure directly to an alternate eligible recipient of the University or a related body corporate. This includes officers and senior managers and auditors (both internal and external) of the University or a related body corporate. University staff should carefully consider who they make their disclosure to, as some persons (for example some supervisors) may not be eligible to receive the disclosure and therefore the disclosure may not qualify for protection.

Under the Victorian Law, whistleblower disclosures involving the University can only be made to IBAC or, where the disclosure relates to "administrative action" of the University, the VO. For more information on making a whistleblower disclosure directly to these agencies, contact IBAC or the VO. Whistleblower disclosures under the Victorian Law cannot be made internally within the University.

Can I make an anonymous whistleblower disclosure?

What legal protections apply if I make a whistleblower disclosure?

Both Commonwealth and Victorian law provide legal protections and immunities for whistleblower disclosures. This includes immunity from civil, criminal and administrative liability that arises from making the whistleblower disclosure. Civil remedies are also available for a person subject to victimisation or reprisal action or detrimental action taken or threatened in reprisal for a whistleblower disclosure. The particular protections that apply depend on whether the disclosure is made under the Commonwealth or Victorian Law (See What laws apply to whistleblower disclosures?). The legal protections under the Commonwealth and Victorian Law are similar but not identical. Both the Commonwealth and Victorian Law also provide confidentiality protections for whistleblower disclosures (See If I make a whistleblower disclosure, will my disclosure be kept confidential?)

Under the Commonwealth Law:

a whistleblower is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the disclosure;
no contractual or other right or remedy may be enforced against the whistleblower on the basis of the disclosure;
the information that is the subject of the disclosure is not admissible in evidence against the whistleblower in criminal proceedings (other than proceedings in respect of the falsity of the information);
a whistleblower may seek civil remedies in response to actual or threatened reprisal action including injunctions to restrain or remedy the reprisal action, or damages to compensate for the reprisal action; and
protections are also available if reprisal action is taken against a third person (not the whistleblower).

Under the Victorian Law:

a whistleblower is immune from civil or criminal liability, or any liability arising by way of administrative process (including disciplinary action) for making the disclosure;
a whistleblower does not breach any statutory obligation of confidentiality for making the disclosure;
a whistleblower has a defence of absolute privilege in defamation proceedings in respect of the making of the disclosure; and
it is a criminal offence to take reprisal action for a whistleblower disclosure.

These protections generally do not apply to a whistleblower who has made a false disclosure, provided false information, or knowingly made a false claim that a disclosure is protected.

A whistleblower may also seek civil remedies in response to actual or threatened reprisal action including injunctions to restrain or remedy the reprisal action, or damages to compensate for the reprisal action. Protections also apply to prevent reprisal action being taken against a third party (someone other than the whistleblower).

If I make a whistleblower disclosure, how will it be investigated?

If I make a whistleblower disclosure, will my disclosure be kept confidential?

What will the University do to support me if I make a whistleblower disclosure?

How will the University support me if a disclosure is made about me?

What can I do if I make a disclosure and am not satisfied with its progress?

If you have made a whistleblower disclosure (either to the University or to a Commonwealth or Victorian agency) and you are not satisfied with the progress of your disclosure, then you may in certain limited circumstances be able to make a further disclosure of the same information to other persons (including to members of Parliament and journalists).

The circumstances in which a further disclosure can be made, and the process for doing so, depends on whether the original disclosure was made under the Commonwealth or Victorian Law (See What laws apply to whistleblower disclosures?), and there are detailed requirements for making further disclosures under each. Whistleblowers considering making a further disclosure should ensure that they understand and follow the applicable requirements before making a further disclosure, because:

a further disclosure must be made under the same law as that under which the original disclosure was made (ie. if the whistleblower disclosure was made under the Commonwealth Law, any further disclosure must be made in accordance with the rules in the Commonwealth Law);
failure to strictly comply with the requirements for a further disclosure under the applicable law may result in loss of legal protection;
the people to whom further disclosures may be made differ under the Commonwealth and Victorian Law;
the matters about which further disclosures may be made differ under the Commonwealth and Victorian Law;
there are requirements under the Commonwealth and Victorian Law to inform the entity to which the original disclosure is made that it is proposed to make a further disclosure (but the requirements of each are different); and
the Commonwealth and Victorian Law each require a specified period to have elapsed since the original disclosure before a further disclosure can be made (but the requirements of each are different).

The University recommends that persons considering making a further disclosure seek legal advice before doing so.

What can I do if reprisal action is taken or threatened against me?

Relevant legislation and external resources

Commonwealth law

Victorian law

Other possible avenues of redress

If the information you wish to disclose does not qualify as a whistleblower disclosure, under either Commonwealth or Victoria law, you may still be able to provide the information, and access support, through the following:

student complaints process;
dispute settlement and employment related grievances resolution procedure;
University’s Employee Assistance Program (EAP); and
Monash College’s whistleblower policy and procedure (where the disclosure relates to Monash College).

Whistleblower privacy collection statement

Any personal information you provide to Monash University for the purposes of providing a report will be collected and managed in accordance with the University’s Whistleblower Policy and Whistleblower Procedure.

Monash University values the privacy of every individual’s personal information and is committed to the protection of that information from unauthorised use and disclosure except where permitted by law. For more information about the handling of your personal information please see the Monash University Data Protection and Privacy Procedure.