6.0 NAG 6.0 Legislation

P&P No: 6.0

Legislation

Compliance with Legislation

Rationale:

Each Board of Trustees is expected to comply with all general legislation concerning requirements such as attendance, the length of the school day, and the length of the school year.

Guidelines:

  • Arahunga will have written management procedures that are actively practiced and regularly reviewed.
  • These may include a wide range of things, but only as necessary, potentially this may include such things such: Contractual Obligations, Outreach Service Documents, Satellite Class Agreements, etc.

Protected Disclosure Procedure

The Arahunga Board of Trustees (BoT) ensures procedures are in place to meet the requirements of the Protected Disclosures Act 2000.

If on reasonable grounds you believe you have information that a serious wrongdoing is occurring [or may occur] within the school and you wish to disclose that information so it can be investigated, you can make a protected disclosure to the Regional Manager for your region or the Principal.

This can be done verbally or in writing. You should identify that the disclosure is being made under the Protected Disclosures Act and is following this BoT procedure, provide detail of the complaint [disclosure], and who the complaint is against.

If you believe that the Regional Manager for your region or the Principal is involved in the wrongdoing, or has an association with the person committing the wrongdoing that would make it inappropriate to disclose to them, then you can make the disclosure to the Chairperson of the Board of Trustees.

If you believe that the Chairperson of the Board of Trustees is involved in the wrongdoing, or has an association with the person committing the wrongdoing that would make it inappropriate to disclose to them, then you can make the disclosure to the Principal. If the Principal receives a disclosure that they believe should be forwarded, they can then present this to the other elected members of the Board of Trustees. If this is not possible or if a conflict of interest is present the Principal will seek further advice from New Zealand School Trustees Association.

It is then up to the person you disclose to, to decide if the disclosure constitutes a serious wrongdoing, and that the allegations need investigating. They can decide:

  • To investigate the disclosure themselves.
  • To forward the disclosure to the BoT or a sub-committee of the BoT to investigate.
  • Whether it needs to be passed on to an appropriate authority. If it goes to an appropriate authority, the appropriate authority will advise you that they are now investigating the complaint if they are legally able to.

If you believe that the Regional Manager for your region, the Principal, and the Chairperson of the Board of Trustees may jointly be a party to the wrongdoing or are jointly in close relationship with the person/s involved in the wrongdoing you can approach an external “appropriate authority” directly yourself.

Where it is deemed by the Principal or Board of Trustees that the disclosure requires further investigation or is of a concerning nature they will seek the advice of the New Zealand School Trustees Association.

As noted above, in some circumstances the disclosure could be made to an appropriate authority by yourself or the person to whom you have made the disclosure. An appropriate authority is defined in the Act as follows:

“(a) includes—

(i) the Commissioner of Police:

(ii) the Controller and Auditor-General:

(iii) the Director of the Serious Fraud Office:

(iv) the Inspector-General of Intelligence and Security:

(v) an Ombudsman:

(vi) the Parliamentary Commissioner for the Environment:

(vii) the Police Complaints Authority:

(viii) the Solicitor-General:

(ix) the State Services Commissioner:

(x) the Health and Disability Commissioner; and

(b) includes the head of every public sector organisation, whether or not mentioned in paragraph (a).”

There are three circumstances when you can go directly to the appropriate authority:

  • When you believe that the head of the organisation is also a party to the wrongdoing or has an association with the person which would make it inappropriate for them to investigate.
  • If the matter needs urgent attention or there are other exceptional circumstances.
  • If after 20 working days there has been no action or recommended action on the matter to which the disclosure related.

Please note that if these three categories above do not fit you need to go through the internal processes.

You could then make the disclosure to the Ombudsman [unless they were the authority you have already disclosed to] or a Minister of the Crown.

The Act does not protect you if you disclose information to the media or a member of parliament, other than a Minster of the Crown, in the circumstances referred to above.

If you notify the Office of the Ombudsman verbally or in writing, that you have disclosed or are considering a disclosure under this Act, they must provide information and guidance on a number of matters including those discussed here and the protections and remedies available under the Human Rights Act 1993 if the disclosure leads to victimisation.

Copyright

All copying of materials, written or otherwise, must comply with current copyright legislation as this applies to educational use in an educational facility.

Privacy

All records on individual persons, must be kept secure and each individual’s rights in regard current privacy legislation must be respected as far as this applies to both studentship and employment in an educational facility.

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