Cap. 527 Art. 16Externaldisclosure made to the whistleblowing reports unit.

(1) An external disclosure may be made to the whistleblowing reports unit of the authority as provided in the First

Schedule directly if the whistleblower believes on reasonable grounds –

(a) that the head of the organisation is or may be involved in the improper practice alleged in the disclosure; or

(b) that immediate reference to the authority, is justified by the urgency of the matter to which the disclosure relates, or some other exceptional circumstances; or

(c) at the time he makes the external disclosure, that he will be subjected to an occupational detriment by his employer if he makes an internal disclosure; or

(d) that it is likely that evidence relating to the improper practice will be concealed or destroyed if he makes an internal disclosure; or

(e) that although an internal disclosure has previously been made, the whistleblower has not been informed on the status of the matter disclosed or it is reasonably evident to the whistleblower that there has been no action or recommended action on the matter to which the disclosure relates within a reasonable time from the making of the disclosure.

(2) In determining for the purposes of sub-article (1) whether it is reasonable for the whistleblower to make the disclosure to the authority, regard shall be had, in particular, to:

(a) the seriousness of the alleged improper practice;

(b) whether the improper practice is continuing or is likely to occur in the future;

(c) whether the disclosure is made in breach of a duty of confidentiality owed by the employer to any other person;

(d) in a case falling within sub-article 1(e), any action which the employer has taken or might reasonably be expected to have taken as a result of the previous disclosure; and

(e) whether in making the disclosure to the authority, the employee complied with any procedure whose use by him was authorised by the employer in accordance with article 12(1).

(3) If a person makes a disclosure to an authority in accordance with this Part, the authority must within forty-five days after receiving the disclosure consider and reach a conclusion as to whether it is appropriate for the disclosure to be made externally.

(4) If the authority concludes that a disclosure should not have been made externally, then it must within a reasonable time, not exceeding forty-five days, notify in writing the whistleblower that an internal disclosure in accordance with Section 2 of this Part must be made and that it will not be dealing further with the disclosure.

(5) If the authority concludes that a disclosure has been properly made, then it must within a reasonable time notify in writing the person who made the disclosure of the status of the improper practice disclosed or such matters as may be prescribed.