The Department of Education is negotiating potential disciplinary action to be imposed on a whistleblower who leaked attendance data highlighting a Kimberley school's truancy crisis.
The long-running saga was thrust back into the spotlight last month when Education Minister Sue Ellery apologised in Western Australia's parliament over a botched departmental plan to boost attendance at Hall Creek District High School.
She tabled a scathing report which found "multiple points of failure" in how student attendance plans were rolled out in mid-2020, after they were recommended by the Ombudsman in response to the suspected suicides of two students.
In late 2020, Department of Education East Kimberley participation coordinator Brock Burston raised concerns about the student plans in an anonymous note sent to Halls Creek Shire.
That note was accompanied by data that showed attendance at the school had slightly worsened.
The department became aware of the leak and referred the matter to police who searched Mr Burston's home and seized material.
The department suspended him on full pay in mid-2021.
Late last year a criminal court cleared him of any wrongdoing and the state's Opposition accused the government of trying to intimidate a whistleblower.
Once the criminal proceedings were complete, the Department of Education restarted its internal probe examining whether Mr Burston should be sanctioned for leaking the attendance data.
Department says mediation continues
The ABC understands the department has completed its investigation into Mr Burston's actions and has decided on a sanction to be imposed.
Department of Education director-general Lisa Rodgers said Mr Burston had lodged an appeal with the WA Industrial Relations Commission.
"As mediation in the matter is continuing, and details are confidential, I am unable to provide any further information or comment at this stage," she said.
If an agreement is not reached the dispute is set to go before Public Service Appeals Board, which normally hears cases publicly.
Mr Burston has declined interview requests while the matter continues.
The Education Minister has resisted calls for her to apologise to Mr Burston after the department's investigation validated his concerns about the student plans.
Ms Ellery has told parliament that an apology would be pre-emptory given the matter was still before the commission.
She has said previously that according to advice provided to her Mr Burston is not a whistleblower who requires protection under the Public Interest Disclosure Act.
