By LYNAIRE MUNNINGS 

Tribune Staff Reporter 

lmunnings@tribunemedia.net

THE Davis administration tabled a bill in the House of Assembly  to protect people who report unlawful or unethical activities within public and private organisations while also imposing severe penalties for anyone found obstructing the reporting process or engaging in misconduct.

Good governance advocates have long called for such legislation.

The Protected Disclosures Bill 2025 would protect whistleblowers against retaliation and provide a clear mechanism for investigating alleged wrongdoing. The bill sets out detailed provisions on who may make a disclosure, how disclosures should be made, the roles and responsibilities of the designated authority, and the various protections and penalties that apply to whistleblowers and others involved in the process.

 The bill empowers the minister to designate an authority to oversee the implementation and compliance with the Act. This authority, referred to as the designated authority, is responsible for monitoring disclosures and ensuring that investigations are carried out effectively.

 The designated authority is granted various powers, including making recommendations to the minister, investigating disclosures, authorising law enforcement involvement if necessary, and conducting hearings related to disclosures. The authority is intended to be independent and not subject to external control, ensuring its decisions are based solely on the law and facts presented in each case. It also has the discretion to regulate its procedure when investigating a disclosure.

 In addition, the designated authority is required to publish guidelines for making and investigating disclosures. These guidelines help ensure that employees, employers, and the public understand their rights and responsibilities under the Act. The authority is also tasked with promoting awareness through public education campaigns.

 The bill outlines the procedure for making disclosures, with employees required to submit written reports to the designated authority, including relevant information as specified in the bill’s schedule. Disclosures must be made in good faith, and the employee must reasonably believe the information disclosed is accurate and reveals wrongdoing.

 Disclosures related to national security or matters that could affect the country’s defence and international relations are handled with additional care. In such cases, the designated authority is required to notify the prime minister and the minister responsible for national security while conducting the investigation.

 A disclosure qualifies for protection under the Act if it is made in accordance with the outlined procedures, based on reasonable belief, and shows that wrongdoing has occurred or is ongoing. Additionally, the bill excludes any disclosures based on legal advice from qualifying for protection.

 Upon receiving a disclosure, the designated authority evaluates whether the allegation warrants an investigation. If the authority determines that an investigation is necessary, it can request information from the employer and the employee disclosing it. This may include reports, documents, and other relevant materials.

 The designated authority can conduct investigations through hearings, where witnesses can be summoned and evidence examined. Should the designated authority find a hearing necessary, it may engage an investigator or law enforcement officer to investigate the allegations further. A report with findings and recommendations is submitted to the minister after completing the investigation.

 However, the designated authority may refuse to investigate or cease an investigation if it finds the disclosure defamatory, frivolous, or vexatious or if its circumstances have changed. In such cases, the authority is required to inform the person disclosing within 14 days of the decision.

 One key objective of the bill is to protect employees who make disclosures from retaliation. It specifically prohibits employers from subjecting employees to occupational detriment, such as dismissal, demotion, or any other unfair treatment, as a result of making a protected disclosure. Employees who suffer such detriment are entitled to seek redress under the Employment Act as if they had been unfairly dismissed.

 Furthermore, the bill ensures that the identity of the person making a protected disclosure remains confidential during the investigation process. It also provides immunity from civil, criminal, or disciplinary proceedings for individuals who make or deal with protected disclosures as long as they act in good faith and follow the required procedures. 

  The bill includes several offences, with penalties to ensure compliance and protect the disclosure process’s integrity. For instance, anyone who prevents, restrains, or restricts an employee from making a protected disclosure, intimidates or retaliates against an employee who has made a protected disclosure, or induces another person to contravene the provisions of the Act through threats, promises, or other means, will be committing an offence. This also includes employers subjecting an employee to an occupational detriment as a result of a protected disclosure. The penalties for these offences include a fine not exceeding $10,000 or, imprisonment for a term not exceeding 2 years, or both.

 Additionally, any person who fails to comply with a lawful request made by the designated authority during its duties will be committing an offence. The penalty for this offence is a fine not exceeding $15,000 or imprisonment for a term not exceeding 3 years, or both.

 The designated authority must prepare an annual report detailing its performance and the outcomes of its investigations. This report must be submitted to the minister and laid before Parliament, ensuring public accountability. The report must include statistical information on the disclosures received, the recommendations made, and the steps employers take to address identified wrongdoing.

 The bill also provides for financial oversight of the designated authority’s operations. The authority must submit estimates for its revenue and expenditure, which are then included in the national budget. Its accounts are to be audited annually, and the results of these audits must be included in the authority’s annual report.