Protected Disclosures

The Protected Disclosures Act 2014 as amended by the Protected Disclosures (Amendment) Act 2022 is legislation enacted to provide protection to workers who wish to raise a concern relating to potential wrongdoing in the workplace. The Act sets out a number of ways in which disclosures can be made to employers, as well as to external bodies.

Making a “protected disclosure” refers to a situation where a person, who is in a work-based relationship with an organisation, discloses information in relation to wrongdoing that they have acquired in the context of current or past work-related activity. This is sometimes referred to as “whistleblowing”. Such a person is referred to as a “worker” or “reporting person” and disclosing information in relation to alleged wrongdoing, in accordance with the Act, is referred to as “making a report” or “making a disclosure”.

The Property Services Regulatory Authority is a member of the Integrity at Work Programme (“IAW”), an initiative of Transparency International Ireland. The IAW is aimed at promoting a safer working environment for people who speak up about wrongdoing.

If you are considering reporting a concern, free and confidential advice is available from Transparency International Ireland’s Speak Up Helpline at 1800 844 866, Monday to Friday, from 10am to 6pm. Email [email protected]

Transparency International Ireland have published a “Speak up Safely” guide to help workers to make an informed decision before sharing concerns about potential wrongdoing.

Further information and guidance can be found at www.speakup.ie.

Section 7 of the Protected Disclosures Act provides that protected disclosures may be made to certain external regulators, referred to as “prescribed persons” in the Act. These prescribed persons are listed in Statutory Instrument 367/2020.

The Property Services Regulatory Authority is a prescribed person under section 7 of the Protected Disclosures Act and Statutory Instrument 367 of 2020. This means that workers may make protected disclosures to the Property Services Regulatory Authority on matters relating to the licensing, control and regulation of, and the investigation of complaints against, property services providers.

Information on making a report to the PSRA is available:

 PSRA PROTECTED DISCLOSURE – EXTERNAL REPORTING POLICY

 Please read this document carefully before making a report. It is solely your responsibility to ensure you meet the criteria for protection under the Act.

If you require confidential, independent advice (including legal advice) on the making of a protected disclosure, please refer to section 10 of the external reporting policy.

If you have any queries about this policy, please contact: [email protected] or Telephone: 046-9033800 / Freephone: 1800-252712 (requesting to speak to a Designated Person for Protected Disclosures).

Please note: The PSRA cannot provide you with legal advice in respect of making a report.

It is recommended that, at a minimum, reports should include the following details:

a. that the report is a protected disclosure;
b. the reporting person’s name, position in the organisation, place of work and confidential contact details;
c. the date of the alleged wrongdoing (if known) or the date it commenced/was identified;
d. whether or not the alleged wrongdoing is still ongoing;
e. whether the alleged wrongdoing has already been disclosed and if so, to whom, when, and what action was taken;
f. information in respect of the alleged wrongdoing (what is occurring / has occurred and how);
g. the name of any person(s) allegedly involved in the alleged wrongdoing (if any name is known and the worker considers it necessary to report the wrongdoing disclosed);
h. any other relevant information.

We will acknowledge disclosures within 7 days of receipt and will assess the information provided.

The Protected Disclosures Act 2014 requires public bodies to publish an annual report setting out the number of protected disclosures made in the previous year, and the actions that were taken. The Authority’s reports are available at the following link:

Protected Disclosure Annual Reports – Property Services Regulatory Authority