ProAct Link is the link between your business and your employees for the reporting of fraud and unacceptable behaviour in the workplace
ProAct Link is an independent and external whistleblowing hotline service operated by Pro Active Strategies Pty Ltd who have been a trusted partner to businesses in Australia and New Zealand for over 20 years.
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The Hotline provides an alternative reporting mechanism for employees who are challenged with reporting concerns directly to their employer, or wish to report anonymously, and is a necessary component in an effective corporate governance program.
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Our whistleblower hotline service provides a solution that ensures your business is compliant with the NZ Protected Disclosures Act.
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The Hotline provides for reporting of any conduct that the caller considers to be ‘unacceptable behaviour’.
This broad term is used to deliberately include various forms of misconduct so as not to restrict the information flow.
Our cost effective programs are particularly suited to multi-site organisations that require a Hotline service to be available to employees in diverse locations and time zones.
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Importantly, callers are responded to by experienced investigators as opposed to call centre personnel, to ensure that vital information is obtained and that callers experience the sensitivity and professionalism required.
Hotline subscription includes:
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Training tools for implementation
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Hotline posters for your workplaces
​Protected Disclosures Act 2000
The purpose of the Protected Disclosures Act is to encourage people to report serious wrongdoing in their workplace by providing protection for employees who want to ‘blow the whistle’. This applies to public and private sector workplaces.
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What is ‘serious wrongdoing?
Serious wrongdoing includes:
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unlawful, corrupt or irregular use of public money or resources
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conduct that poses a serious risk to public health, safety, the environment or the maintenance of the law
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any criminal offence
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gross negligence or mismanagement by public officials
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Who can make a protected disclosure?
To make a protected disclosure, you must be an 'employee' of the organisation you are making the disclosure about.
Under the Act, ‘employee’ includes:
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former employees
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homeworkers
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contractors
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people seconded to organisations
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volunteers
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The disclosure will be protected if:
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the information is about serious wrongdoing in or by the workplace
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the person reporting reasonably believes the information is true or likely to be true, and
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the person reporting wants the serious wrongdoing to be investigated
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The disclosure won’t be protected if:
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the person reporting knows the allegations are false
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the person reporting makes the allegation in bad faith
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the information being disclosing is protected by legal professional privilege
How can protected disclosures be made?
Generally speaking, protected disclosures must be made in accordance with your organisation’s internal procedures for dealing with information about serious wrongdoing. Public sector organisations are required to have these internal procedures.
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Protected disclosures can be made to the head of the organisation if:
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The organisation doesn’t have any internal procedures
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The person reporting reasonably believes that the person they are supposed to make disclosures to is involved in the serious wrongdoing, or is associated with someone who is
Protected disclosures can be made to an appropriate authority if the person reporting reasonably believes:
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The head of the organisation is involved in the serious wrongdoing
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It is justified because of urgent or exceptional circumstances
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The person reporting has made the disclosure in accordance with their organisation’s internal procedures, but there’s been no action or recommended action within 20 working days.
If the person reporting has followed these procedures, there is scope for their protected disclosure to be escalated to an Ombudsman or Minister of the Crown in certain circumstances.
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What are the protections?
The Act provides that no civil, criminal, or disciplinary proceedings can be taken against a person for making a protected disclosure, or for referring one to an appropriate authority.
The Act also provides that an employee who suffers retaliatory action by their employer for making a protected disclosure can take personal grievance proceedings under the Employment Relations Act.
It is also unlawful under the Human Rights Act to treat whistle-blowers or potential whistle-blowers less favourably than others in the same or similar circumstances. If a whistle-blower is victimised in this way the legal remedies under the Human Rights Act may be available to them.
Confidentiality
If a person makes a protected disclosure, information which identifies them, their identity will be kept confidential, unless one of the exceptions in the Act applies.
The exceptions are if the person reporting consents to the disclosure, or if disclosure is essential:
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to the effective investigation of the allegations
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to prevent serious risk to public health or safety, or the environment
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to comply with the principles of natural justice.