International Anti-Corruption Day - "Your Right, Your Role Say no to corruption!"

THE GLEANER, THURSDAY, DECEMBER 9, 2021 | www.jamaica-gleaner.com | ADVERTISEMENT C7 PROTECTED DISCLOSURES AND YOU The Integrity Commission was named by the Minister of Justice as the Designated Authority under the Protected Disclosures Act, 2011 in a gazette dated Monday, January 25, 2021. WHAT HAVE WE DONE? The Integrity Commission has since operationalised the Protected Disclosures Act through: 1. Thepublicationof theProtectedDisclosuresAct, 2011-Procedural Guidelines in a gazette dated November 15, 2021. 2. The commencement of the engagement of the Prescribed Persons/Entities to establish Protected Disclosures Procedural Guidelines to encourage and facilitate employees who wish the make disclosures regarding improper conducts in the public interest; and also to regulate the receiving, investigating and otherwise dealing with disclosures. WHAT IS TO COME? Phase 1 – Engagement of all Public Sector Entities to establish their Protected Disclosures Procedural Guidelines. Phase 2 – Engagement of Private Sector Entities to establish their Protected Disclosures Procedural Guidelines. Phase3 –Regular trainingof DesignatedOfficers tohandleprotected disclosure matters, subsequent to their entities completion of the Protected Disclosures Procedural Guidelines. THE EMPLOYEES’ RIGHT • Protection from occupational detriment for employees who make disclosures in good faith and in the public interest. • Secrecy and confidentiality of the identity of the employee who makes the disclosure and the disclosure made; any statement given, document, information or thing provided to any person in the carrying out of an investigation. • A person who makes a protected disclosure, or receives, investigates or otherwise deals with a protected disclosure, shall not be liable in any civil or criminal proceeding or to any disciplinary proceeding by reason of having made, received, investigated or otherwise dealt with such disclosures. THE EMPLOYEES’ ROLE • Make disclosures of improper conducts within the workplace to the employer or the designated officer appointed by the employer; or externally to prescribed persons/entities, designated authority, an attorney-at-law, the Minister with portfolio responsibility for that subject matter or the Prime Minister or both. • Ensure that by making a disclosure, an offence has not been committed. • Make a disclosure in relation to a matter that would prejudice the national security, defence or international relations of Jamaica, to either the Minister with portfolio responsibility for that subject matter or the Prime Minister or to both. • Inform the Designated Authority, in the event that the disclosure is not dealt with pursuant to the Protected Disclosures Act. THE EMPLOYERS’ ROLE • Each employer is required to establish written procedures for handling disclosures. The procedures must facilitate the making of disclosures, the investigation of disclosures, and the protection of persons making disclosures from detrimental actions by the employer or any employee of the employer. • Each employer must make a copy of its written procedures available to each of its employees and must have a copy available for inspection by members of the public. The procedures should also be located or linked on any website maintained by the employer. • Where an employee makes a disclosure, every employer or designated officer appointed by the employer shall keep the employee updated on the status of the investigation, which should be at intervals no greater than thirty (30) days. • Ensure that both the confidentiality of the information and the identity of the persons making protected disclosures are maintained throughout the process. • Identify clear contact points for reporting protected disclosures, including all relevant disclosures made in person or by mail, phone calls and emails. • Each employer should review its policies and procedures when amendments are made to the Act, Regulations or the designated authority’s Guidelines. • Maintain a log of the disclosures received in the Protected Disclosures Log (Form PDA2). • Submit monthly reports electronically and/or in print of all disclosures received, to the Designated Authority in the Protected Disclosures Summary Report (Form PDA3). Special Procedures for matters related to National Security, Defence and International Relations The Prime Minister and any Minister with the portfolio responsibility for National Security, Defence or International Relations shall establish and cause to be operated procedures for receiving, investigating or otherwise dealing with these disclosures. Maintain secrecy and confidentiality throughout the term of our employment and thereafter. Failure to comply will result in: Conviction in Parish Court to a fine not exceeding $1,000,000.00 OR A term of imprisonment not exceeding one year Notwithstanding our responsibility to maintain secrecy: Section 42(3)(b) requires the Integrity Commission to publish the Summary of Statutory Declarations made by the Prime Minister and Leader of the Opposition. OUR RESPONSIBILITY THE DECLARANTS’ RIGHT • Secrecy and confidentiality of all information provided to the Integrity Commission. • To receive confirmation of the submission of Statutory Declarations submitted to the Director of Information and Complaints. • Certification of Statutory Declaration – Where the Director of Information and Complaints is satisfied with the completeness and accuracy of your Statutory Declaration, you will receive a letter of certification for the statutory declaration reviewed by the Integrity Commission. THE DECLARANTS’ ROLE • Submit your Statutory Declaration on or before the last day of the third month following the date of the declaration. • Provide the Director of Information and Complaints with the information required to determine the accuracy of your Statutory Declaration. • Respond to all correspondence from the Director of Information and Complaints during the Integrity Commission’s Examination and Enquiry Process (EEP).