Eleanor Finch
A protected disclosure is a disclosure of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings. This includes failure to comply with any legal obligation, other than one arising out of a worker’s contract of employment or contract for services. Protected disclosures can be made about past, current, or future wrongdoings. Disclosures are protected if they meet two criteria: they must be based on a reasonable belief, and they must be made to an authorised audience. Authorised audiences include federal employees responsible for contract or grant oversight or management, and authorised officials of the Department of Justice or other law enforcement agencies.
| Characteristics | Values |
|---|---|
| Who is protected? | DHS contractors, subcontractors, grantees, subgrantees, personal services contractors, Uniformed Coast Guard members |
| Who can disclosures be made to? | Federal employees responsible for contract or grant oversight or management at the relevant agency; Authorised officials of the Department of Justice or other law enforcement agency; Management officials or other employees of the contractor, subcontractor, or grantee who have the responsibility to investigate, discover, or address misconduct; Any other person or organisation designated pursuant to regulations or other established administrative procedures for such communication |
| What is protected? | Disclosures of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings, which came to the worker’s attention in a work-related context and is disclosed in the manner outlined in the Act as amended |
| What constitutes relevant wrongdoings? | Failure to comply with any legal obligation (other than one arising out of a worker’s contract of employment or contract for services) |
| What about anonymous disclosures? | The Act also protects workers who make a disclosure by way of an anonymous report. If a worker makes an anonymous report and is subsequently identified and penalised for doing so, for the purposes of the Act, that worker will be considered to have made a protected disclosure and is therefore entitled to the full protections of the Act |
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What You'll Learn
- A protected disclosure is defined by section 5 of the 2014 Act as a disclosure of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings
- Actions that constitute relevant wrongdoings include failure to comply with any legal obligation
- The Act allows for disclosures to be made about past, current and future wrongdoings
- A disclosure by a DHS contractor, subcontractor, grantee, subgrantee, and personal services contractor is considered protected if it is communicated to certain entities
- A disclosure by a Uniformed Coast Guard member is considered protected if it is communicated to certain entities
A protected disclosure is defined by section 5 of the 2014 Act as a disclosure of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings
The Act also protects workers who make a disclosure by way of an anonymous report. If a worker makes an anonymous report and is subsequently identified and penalised for doing so, for the purposes of the Act, that worker will be considered to have made a protected disclosure and is therefore entitled to the full protections of the Act. Section 12 of the Act prohibits an employer from penalising or threatening to penalise an employee for having made a protected disclosure. Penalisation is defined by the Act as any direct or indirect act or omission which occurs in a work-related context, is prompted by the making of a report and causes or may cause unjustified detriment to a worker. This includes transfer of duties, change of location or place of work, reduction in wages or change in working hours, and the imposition or administering of any discipline, reprimand or other penalty (including a financial penalty).
A disclosure by a DHS contractor, subcontractor, grantee, subgrantee, and personal services contractor is considered protected if it is communicated to a federal employee responsible for contract or grant oversight or management at the relevant agency, an authorised official of the Department of Justice or other law enforcement agency, or a management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct. A disclosure by a Uniformed Coast Guard member is considered protected if it is communicated to any other person or organisation designated pursuant to regulations or other established administrative procedures for such communication, or testimony, or otherwise participating in or assisting in an investigation. As a member of the Uniformed Coast Guard, no person may take or threaten to take an unfavourable personnel action or withhold a favourable personnel action as a reprisal against making, preparing, or being perceived as making or preparing a protected disclosure.
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Actions that constitute relevant wrongdoings include failure to comply with any legal obligation
A protected disclosure is defined by section 5 of the 2014 Act as a disclosure of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings. Actions that constitute relevant wrongdoings include failure to comply with any legal obligation (other than one arising out of a worker’s contract of employment or contract for services). The Act allows for disclosures to be made about past, current, and future wrongdoings.
A disclosure is protected if it meets two criteria. If a worker makes an anonymous report and is subsequently identified and penalised for doing so, that worker will be considered to have made a protected disclosure and is therefore entitled to the full protections of the Act. Section 12 of the Act prohibits an employer from penalising or threatening to penalise an employee for having made a protected disclosure.
A disclosure by a DHS contractor, subcontractor, grantee, subgrantee, and personal services contractor is considered protected if it is communicated to any of the following entities: a Federal employee responsible for contract or grant oversight or management at the relevant agency; an authorised official of the Department of Justice or other law enforcement agency; or a management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.
As a member of the Uniformed Coast Guard, no person may take or threaten to take an unfavourable personnel action or withhold a favourable personnel action as a reprisal against making, preparing, or being perceived as making or preparing a protected disclosure.
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The Act allows for disclosures to be made about past, current and future wrongdoings
A protected disclosure is defined by section 5 of the 2014 Act as a disclosure of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings. The Act allows for disclosures to be made about past, current and future wrongdoings. This means that if a worker has knowledge of a wrongdoing that has already occurred, is currently occurring, or is likely to occur in the future, they are allowed to make a disclosure about it. The disclosure must be made in the manner outlined in the Act and must be related to the worker's employment.
The Act also protects workers who make a disclosure anonymously. If a worker makes an anonymous report and is subsequently identified and penalised for doing so, they are still considered to have made a protected disclosure and are entitled to the full protections of the Act. Section 12 of the Act prohibits an employer from penalising or threatening to penalise an employee for having made a protected disclosure. Penalisation is defined by the Act as any direct or indirect act or omission which occurs in a work-related context and is prompted by the making of a report, causing or potentially causing unjustified detriment to a worker. This includes any disciplinary action, change in working conditions, or financial penalty.
In order for a disclosure to be protected, it must meet certain criteria. These criteria vary depending on the jurisdiction and the specific legislation in place. For example, in the case of the DHS, a disclosure by a DHS contractor, subcontractor, grantee, subgrantee, or personal services contractor is considered protected if it is communicated to a relevant Federal employee, an authorized official of the Department of Justice, or a management official responsible for investigating or addressing misconduct. Similarly, a disclosure by a Uniformed Coast Guard member is protected if it is communicated to any person or organization designated for such communication or if it is made in the course of an investigation.
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A disclosure by a DHS contractor, subcontractor, grantee, subgrantee, and personal services contractor is considered protected if it is communicated to certain entities
A disclosure is considered protected if it is communicated to a federal employee responsible for contract or grant oversight or management at the relevant agency. This includes an authorised official of the Department of Justice or another law enforcement agency. It also includes a management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.
Classified disclosures must be handled in accordance with the law. The process for this is outlined in the Frequently Asked Questions section of the Whistleblower Protection page.
The Act also protects workers who make a disclosure by way of an anonymous report. If a worker makes an anonymous report and is subsequently identified and penalised for doing so, that worker will be considered to have made a protected disclosure and is therefore entitled to the full protections of the Act. Section 12 of the Act prohibits an employer from penalising or threatening to penalise an employee for having made a protected disclosure. Penalisation is defined by the Act as any direct or indirect act or omission which occurs in a work-related context, is prompted by the making of a report, and causes or may cause unjustified detriment to a worker. This includes transfer of duties, change of location or place of work, reduction in wages or change in working hours, and the imposition or administering of any discipline, reprimand, or other penalty.
Additionally, as a member of the Uniformed Coast Guard, no person may take or threaten to take an unfavourable personnel action or withhold a favourable personnel action as a reprisal against making, preparing, or being perceived as making or preparing a protected disclosure.
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A disclosure by a Uniformed Coast Guard member is considered protected if it is communicated to certain entities
The Act also protects workers who make a disclosure by way of an anonymous report. If a worker makes an anonymous report and is subsequently identified and penalised for doing so, for the purposes of the Act, that worker will be considered to have made a protected disclosure and is therefore entitled to the full protections of the Act. Section 12 of the Act prohibits an employer from penalising or threatening to penalise an employee for having made a protected disclosure. Penalisation is defined by the Act as any direct or indirect act or omission which occurs in a work-related context, is prompted by the making of a report and causes or may cause unjustified detriment to a worker.
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Frequently asked questions
A protected disclosure is a disclosure of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings, which came to the worker’s attention in a work-related context.
A disclosure by a DHS contractor, subcontractor, grantee, subgrantee, and personal services contractor is considered protected if it is communicated to a federal employee responsible for contract or grant oversight or management at the relevant agency, an authorised official of the Department of Justice or other law enforcement agency, or a management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.
If a worker makes an anonymous report and is subsequently identified and penalised for doing so, for the purposes of the Act, that worker will be considered to have made a protected disclosure and is therefore entitled to the full protections of the Act.
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