Whistleblower Protection Act for the Bahamas

Part I: Preliminary Matters

• Short Title and Commencement: The Bill gives a short title and commencement.
• Definitions: Key terms such as “impropriety”, “disclosure”, and “whistleblower” are defined.

Part II: Disclosure of Impropriety

• Allowing Disclosures: Individuals can disclose impropriety, including unlawful or corrupt conduct by others.
• Who Can Make Disclosures: Employees, institutions, and other specified entities can make disclosures.
• Where to Make Disclosures: Disclosures can be made to the Governor, Premier, Attorney General, Auditor General, and other specified authorities.

Part III: Procedures for Disclosure and Related Action

• Making a Disclosure: Procedures for making a disclosure in writing or orally are outlined.
• Reduction of Oral Disclosures: Oral disclosures must be reduced into writing and explained to the whistleblower if they are illiterate.
• Confidentiality: Persons receiving a disclosure must keep it confidential; failure to do so is an offense.

Part IV: Protection for Making Disclosure

• Protection Against Victimization: Whistleblowers are protected against victimization by employers, colleagues, or others due to a disclosure.
• Reporting Victimization: Whistleblowers can report victimization to the Complaints Commissioner and seek enforcement of orders.
• Rights to Action: Whistleblowers have rights to action for victimization, including legal assistance and police protection.

Part V: Whistleblower Reward Fund

• Establishment of the Fund: A Whistleblower Reward Fund is established to provide monetary rewards to whistleblowers.
• Sources of Money: The Fund receives voluntary contributions and allocations by the House of Assembly.
• Object of the Fund: The object of the Fund is to pay rewards to whistleblowers.

Part VI: Miscellaneous Provisions

• Accounts and Audit: The Fund requires accounts and audit.
• Annual Report: An annual report on the Fund’s activities must be submitted.
• Regulations: Cabinet can make Regulations for implementing the Act.

Overall

This Bill aims to protect individuals who disclose impropriety in the public interest by providing a framework for making disclosures, protecting whistleblowers from victimization, and establishing a reward fund to incentivize further disclosures.