The Corporations Act 2001 (Cth) provides protections for certain types of persons that make a disclosure of ReportableConduct. This policy has been put in place to ensure employees and other Disclosers can raise concerns regarding anymisconduct or improper state of affairs or circumstances of the Employer (including any related entities of the Employer)(the Employer) without being subject to victimisation, harassment or discriminatory treatment.
2. WHO DOES THIS POLICY APPLY TO?
The protections in this policy apply to Disclosers, which means anyone who is, or has been, any of the following with respectto the Employer:
• employee
• director
• officer
• contractor (including employees of a contractor)• supplier (including employees of suppliers)
• associate
• consultant, or
• a relative, dependant, spouse, or dependant of a spouse of any of the above.
The protections in this policy will also apply to any person who has made a disclosure of information relating to theEmployer to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to whistleblowingprotection laws.
3. REPORTABLE CONDUCT
Reportable Conduct is conduct which involves:
• dishonest behaviour
• fraudulent activity
• unlawful, corrupt or unethical use of company funds or practices
• improper or misleading accounting or financial reporting practices• behaviour that is oppressive, discriminatory or grossly negligent
• unsafe work practices
• a serious risk to the health and safety of any person at the workplace
• a serious risk to public health, public safety or the environment, or
• behaviour which may cause financial loss to the Employer, damage its reputation or be otherwise detrimental to theEmployer’s interests.
Personal work-related grievances regarding matters such as an interpersonal conflict with the Discloser and anotheremployee or a business decision relating to an engagement, transfer, promotion, terms and conditions, suspension ortermination of the Discloser’s employment typically fall outside this policy and should be raised in accordance with therelevant employee grievance policy that applies. An exception to this is where a personal work-related grievance is related todetrimental treatment taken against the Discloser because the Discloser has made (or is suspected of making) a disclosureunder this policy, or because the Discloser proposes to (or could) make a disclosure under this policy.
4. RESPONSIBILITY TO REPORT
The Employer relies on its employees and Disclosers to maintain its culture of honest and ethical behaviour. To this end, itis expected that any Discloser who becomes aware of Reportable Conduct will make a formal report.
5. HOW TO REPORT
Employees of the Employer should initially report the Reportable Conduct to their relevant Senior Manager by telephone oremail. If a Discloser is unable to use the above reporting channel, a report can be made to an Eligible Recipient within theEmployer. Eligible Recipients in relation to the Employer are:
• directors
• officers
• senior managers or
• any appointed external auditor or actuary of the Employer.
Reports to an Eligible Recipient may be made in person or by telephone, and the Discloser must inform the EligibleRecipient that they wish to make a report under this policy.
6. INVESTIGATION OF REPORTABLE CONDUCT
Upon receiving a report, the relevant Senior Manager/s of the Employer will determine if the report relates to ReportableConduct and, if so, the report will be investigated as appropriate. The investigation may be
conducted internally or via an externally appointed investigator. The particular investigation process and enquiries will bedetermined by the nature and substance of the report. All investigations will be conducted in an objective and fair manner,and will be reasonable and
appropriate having regard to the nature of the Reportable Conduct and the circumstances. Where a Discloser wishes toremain anonymous, the Discloser’s identity will not be disclosed to the investigator or to any other person. Information thatis likely to lead to the identification of the Discloser can be disclosed without the Discloser’s consent, provided that:
• the disclosure of the confidential information is reasonably necessary for the purposes ofinvestigating the conduct disclosed by the Discloser, and
• all reasonable steps are taken to reduce the risk that the Discloser will be identified.
Where appropriate, the Eligible Recipient or appointed investigator will provide feedback to the Discloser regarding theinvestigation’s progress and/or outcome. This will be subject to privacy and confidentiality considerations.
7. CONFIDENTIAL REPORTING
All reasonable steps will be taken to protect a Discloser’s identity following a report of any matter that is consideredReportable Conduct.
Information about a Discloser’s identity and information that is likely to lead to the identification of the Discloser may bedisclosed in the following circumstances:
• where the information is disclosed to ASIC, APRA or the Australian Federal Police
• where the information is disclosed to a legal practitioner for the purpose of obtaining legal advice inrelation to the operation of applicable whistleblowing protection laws, or
• where the Discloser consents.
All information, files and records that form part of an investigation into Reportable Conduct will be retained securely.
8. PROTECTIONS AND SUPPORT AVAILABLE TO DISCLOSERS
A Discloser will not be subject to any civil, criminal or disciplinary action for making a report that is covered by this policy, orfor participating in any subsequent investigation by the Employer. The Employer will not tolerate any retaliation against anyDiscloser. Retaliation occurs where a person causes or threatens detrimental treatment to another person as a result ofmaking a report of Reportable Conduct. Detrimental treatment may include, but is not limited to:
• dismissal
• injury of an employee in their employment
• alteration of an employee’s position or duties to their disadvantage
• discrimination between an employee and other employees of the same employer• harassment or intimidation of a person
• damage to a person’s property
• damage to a person’s reputation
• damage to a person’s business or financial position, or
• any other damage to a person.
Detrimental treatment by any employee will be deemed a serious breach of this policy and may result in disciplinary actionup to and including termination of employment. Retaliatory conduct may also attract civil
or criminal liability. The Employer will connect the Discloser with internal and external support providers as necessary.
9. AMENDMENT AND AVAILABILITY OF THIS POLICY
This policy, as it is amended from time to time, will be made available.