NGV Annual Report 2003-04-Part 2 - National Gallery of Victoria

158 Report NGV Annual Report 2003/04• listen and respond to any concerns of harassment,intimidation or victimisation in reprisal for make adisclosure and record details of the incident;• advise the PDC or the Director of the NGV of thedetrimental action• ensure the expectations of the whistleblower arerealistic.Where the Ombudsman refers a protected disclosureto the NGV for investigation, the PDC will appointan investigator to carry out the investigation. Aninvestigator will be a consultant engaged for thatpurpose. The objectives of an investigation will be to:• collate information relating to the allegation as quicklyas possible. This may involve taking steps to protect orpreserve documents, materials and equipment;• consider the information collected and to drawconclusions objectively and impartially;• maintain procedural fairness in the treatment ofwitnesses and the person who is the subject of thedisclosure; and• make recommendations arising from theconclusions drawn concerning remedial or otherappropriate action.5. Natural justiceThe NGV supports and ensures that natural justice andprocedural fairness is afforded to the person who is thesubject of the disclosure. Where investigations do notsubstantiate disclosures, the fact that the investigationhas been carried out, the results of the investigation,and the identity of the person who is the subject of thedisclosure will remain confidential.6. ConfidentialityThe Protected Disclosure Coordinator, the WelfareManager and investigators of protected disclosures willtake all necessary steps to ensure the identity of thewhistleblower and the identity of the person who is thesubject of the disclosure remain confidential.All record keeping is to be maintained separately fromother NGV paper and electronic systems. Email mustnot be used to communicate matters relating to awhistleblower or a protected disclosure.Criminal offencesThe following criminal offences are created by the Act:1. It is an offence for a person to take detrimentalaction against a person in reprisal for a protecteddisclosure being made. The Act provides a maximumpenalty of a fine of 240 penalty units ($24,000) ortwo years imprisonment or both.2. It is an offence for a person to divulge informationobtained as a result of the handling or investigationof a protected disclosure without legislative authority.The Act provides a maximum penalty of 60 penaltyunits ($6,000) or six months imprisonment or both.3. It is an offence for a person to obstruct theOmbudsman in performing his responsibilities underthe Act. The Act provides a maximum penalty of 240penalty units ($24,000) or two years imprisonmentor both.4. It is an offence for a person to knowingly providefalse information under the Act with the intentionthat it be acted on as a disclosed matter. The Actprovides a maximum penalty of 240 penalty units($24,000) or two years imprisonment or both.Implementation of the VictorianIndustry Participation PolicyDuring 2003/04 NGV commenced one contracttotalling in excess of $3million in value to which theVIPP applied. The contract was metropolitan. Thecommitment by contractors under VIPP included 88full time equivalent jobs. No contracts to which theVIPP applied were completed in 2003/04.Audit, Risk and ComplianceCommittee MembershipTrustee members:Ms M Kelsall (Chair)Mr C Brown (retired 14 May 2004)Mr V FitzgeraldOther member:Mr G Smith, Partner, Clayton Utz