Protected Disclosures Definitions
Improper Conduct is defined in the Protected Disclosure Act 2012 to mean corrupt conduct or specified conduct that is outside 'corrupt conduct' which includes:
- a substantial mismanagement of public resources, or
- a substantial risk to public health or safety, or
- a substantial risk to the environment.
The conduct must be serious enough that if proven would constitute a criminal offence or reasonable grounds for dismissal.
The full definition of improper conduct is detailed in Section 4 of the Protected Disclosures Act 2012.
Section 3 of the Protected Disclosure Act 2012 defines detrimental action by a person as including the following:
- action causing injury, loss or damage, or
- intimidation or harassment, or
- discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action.
The person need not have actually taken the action, but can just have threatened to do so.
The person need not have taken or threatened to take the action against the person themselves, but can have incited someone else to do so. The detrimental action need not be taken against a discloser, but against any person.