Protected Disclosures (Protection of Whistleblowers) Bill

12 What Guidance: what receiver should do

(1)

Within 20 working days of receiving a protected disclosure, the receiver of the disclosure should—

Acknowledge receipt

(a)

acknowledge to the discloser the date the disclosure was received (and, if the disclosure was made orally, summarise the receiver’s understanding of the disclosure); and

Consider

(b)

consider the disclosure and whether it warrants investigation; and

Check

(c)

check with the discloser whether the disclosure has been made elsewhere (and any outcome); and

Deal with

(d)

deal with the matter by doing 1 or more of the following:

(i)

investigating the disclosure:

(ii)

addressing any serious wrongdoing by acting or recommending action:

(iii)

referring the disclosure under section 15:

(iv)

deciding that no action is required (under section 14); and

Inform discloser (with reasons)

(e)

inform the discloser (with reasons) about what the receiver has done or is doing to deal with the matter in accordance with paragraph (d).

(2)

However, when it is impractical impracticable to complete these actions within 20 working days, the receiver should do the actions described in subsection (1)(a) to (c) within 20 working days and then should—

Inform discloser

(a)

inform the discloser how long the receiver expects to take to deal with the matter; and

Update

(b)

appropriately update the discloser about progress; and

Deal with

(c)

deal with the matter as described in subsection (1)(d); and

Inform discloser (with reasons)

(d)

inform the discloser (with reasons) about what the receiver has done or is doing to deal with the matter in accordance with subsection (1)(d).

(3)

This section (and section 15) are is guidance only. It does and do not confer a legal right (apart from the entitlements under sections 13 and 30) or impose a legal obligation on any person that is enforceable in a court of law.

Compare: 2000 No 7 s 9