Dear Ministry of Education,
This is a request for information under the Official Information Act 1982, relating to the Ministry’s handling of protected disclosures following the commencement of the Protected Disclosures (Protection of Whistleblowers) Act 2022.

Definitions:
Protected Disclosure: As defined in the Protected Disclosures Act 2022.
Breach of the Act: Any failure to comply with the requirements of the Protected Disclosures Act 2022, the Privacy Act, or the Employment Relations Act related to a protected disclosure.
Related Retaliation: Any adverse action taken against a discloser as a result of making a protected disclosure.

Information Requested:

Systems and Processes:
Please describe the process(es) the Ministry of Education had in place to receive and manage protected disclosures specifically aligned with the requirements of the 2022 Act by its commencement date of 1 July 2022. I am interested in receiving any internal policy documents, flowcharts, or training manuals provided to staff at that time regarding these changes.

Meeting Minutes:
Have any meetings taken place involving Ministry leadership or HR/Legal teams after 1 June 2022 regarding the handling, implementation, or review of protected disclosure procedures, particularly those pertaining to policy updates, training implementation, or specific cases? If so, please provide the minutes, agendas, and any tabled papers for these meetings.

Data on Disclosures and Disputes:
For each year from 2022 to 2025 (please specify whether your data refers to calendar years or financial years), please provide:
The number of protected disclosures received by the Ministry.
The number of disclosures found to have been incorrectly handled (e.g., breaches of confidentiality, procedural errors, delays in investigation). Please provide a brief description of the types of failures observed.
The number of cases notified to the Human Rights Commission or the Human Rights Review Tribunal involving a protected disclosure or related retaliation.
Please categorise this data by sector: Early Childhood Education (ECE), Primary, and Secondary.

Legal Costs and Breaches:
If any breaches of the Act (or other statutes, such as the Privacy Act or Employment Relations Act, resulting in a loss/claim related to a disclosure) have occurred, please provide the total costs exceeding $5,000 incurred by Crown Law or the Ministry’s internal legal team in defending or settling these matters. Please provide a breakdown of costs (e.g., legal fees, settlements, compensation).

General Notes:
I understand that the Ministry of Education can only provide data on disclosures made to them or about their employees. If any of this information is held by another agency or is more closely connected to the functions of another agency (such as the Education Council), please let me know or transfer the request as per section 14 of the OIA. I am willing to consider receiving data in alternative formats (e.g., summaries, reports) if full categorization is not feasible. I also acknowledge that the Ministry may need to consult with other agencies or redact sensitive information, which could extend the response time.

I am happy to work with you to prioritize the most important aspects of this request.

If you require any clarification, please contact me as soon as possible.

I look forward to your response within 20 working days.

Yours faithfully,

Adriana van Altvorst