The policy is developed and implemented in accordance with the requirements of the Corporations Act 2001 (Cth) (the Act) and reflects our commitment to maintaining a high standard of corporate governance at Shalom through a culture of strong ethical behaviour and corporate compliance.
The Act provides protections for certain whistleblowers in certain circumstances, and we are committed to recognising and upholding those protections. Additionally, we understand that you may not feel comfortable in reporting suspicions, so this policy describes the safeguards we have in place to enable individuals to speak up without fear of repercussions.
A person working for Shalom who falls in to one or more of the following categories may be eligible for whistleblower protection under the Act (eligible person):
- a Company director;
- a Company officer; and
- a Company employee or an individual contractor supplying goods and services to Shalom (regardless of whether they are paid for doing so) or the contractor’s
employee.
Policy
1. What Information can I report under this policy?
This policy applies if any eligible person knows of information and has reasonable grounds to suspect the information concerns:
- misconduct;
- an improper state of affairs or circumstances, in relation to Shalom, its managers or employees; or
- tax matters as set out in the Acts or a related body corporate.
Your concerns need not identify breaches of laws or regulations. You can report about operations or practices that may, for example, harm consumers, risk public safety or downgrade confidence in the financial system. Examples of concerns you may report under this policy:
- Breaches of law or regulations;
- Illegal conduct;
- Corruption or bribery;
- Defrauding the organisation, its community members or suppliers;
- Fraud, money laundering;
- Tax avoidance;
- Theft, drugs, violence or property damage;
- Misleading people to make a sale; or
- Victimising a whistleblower
This policy does not apply if you report information you know is not true. However, if you have reasonable grounds and your report later ends up being incorrect this policy still applies. A base allegation without supporting information is unlikely to be enough to show you have reasonable grounds to make a report.
2. Who do I speak to?
Any eligible person with reasonable grounds to suspect misconduct or other inappropriate activity (as defined by this policy) will have legal protection under the Act and this policy if they disclose that information to:
- the Australian Securities and Investments Commission (ASIC);
- a Company director or officer.
- In addition, a disclosure to any member of management or the Board of Shalom or a related body corporate, an auditor, or a member of an audit team conducting an audit of Shalom or related body corporate, or an actuary of Shalom or a related body corporate may qualify for protection.
3. How do I make a report?
- There is no requirement for a discloser to identify him or herself for a disclosure to qualify for protection.
- A disclosure of information by an individual qualifies for protection if the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of these laws. A disclosure concerning a personal work related grievance that is made to a legal practitioner may qualify for protection.
- To lodge a report please go to https://shalom.elker.com/select-flow/y30S0O
4. What kinds of disclosures DO NOT qualify for whistleblower protection?
- A disclosure of information by an individual concerning a personal work-related grievance does not qualify for protection (except where the grievance is about a breach of the whistleblowing protections).
- In particular, a grievance about any matter in relation to the discloser’s employment, or former employment, having (or tending to have) implications for the discloser personally will not qualify where it does not have significant implications for Shalom. Examples are:
-
- an interpersonal conflict between the discloser and another employee;
- a decision relating to the engagement, transfer or promotion of the discloser;
- a decision relating to the terms and conditions of engagement of the discloser; and
- a decision to suspend or terminate the engagement of the discloser, or otherwise to discipline the discloser.
5. Investigation of Disclosures
- When a report is disclosed, Shalom will assess whether this policy applies and whether there is a need to make further inquiries about the concerns raised. If the ‘discloser’ has provided their identity, we will advise them of what action will be taken.
- If Shalom proceeds with an investigation, we will seek to investigate all disclosures made by a person under this policy, as is appropriate, as soon as reasonably practicable after the disclosure has been made. Management or the Board, may with the consent of the whistleblower, appoint a person/(s) to assist in the investigation of a disclosure.
- The investigation will be conducted independently of any person who is the subject of the disclosure. Where appropriate, such persons will be informed of the allegations and provided with the opportunity to respond.
- While the particulars of the investigation process will be determined by the nature and substance of the disclosure, if the disclosure is not anonymous, an investigator will contact the whistleblower as soon as practicable upon receipt of the disclosure to discuss the investigation process including who may be contacted and such other matters as are relevant to the investigation.
- Where appropriate, we will provide feedback to the whistleblower regarding the progress and/or outcome of the investigation.
- Where a report is submitted anonymously, we will conduct the investigation based on the information provided.
- Any findings of the investigation related to criminal activity will be reported to the police and/or regulators.
6. Other employees mentioned in a report
- Where other employees of Shalom are mentioned in or are the subject of a disclosure report, we will seek to advise them at an appropriate time during the investigation and provide them with an opportunity to respond. We will seek to ensure that these employees are treated fairly and will seek to provide them with access to counselling and other support as is reasonably practicable.
7. Protection for Whistleblowers
We will support whistleblowers and protect them from detriment in the following ways:
(a) Protection from detrimental conduct
If a person makes a disclosure that qualifies for protection they will not be subject to any disciplinary or other detrimental action by Shalom. This includes (but is not limited to) protection from:
- termination of employment;
- disciplinary action;
- performance management;
- bullying or harassment; or
- unlawful discrimination.
We will seek to ensure no person on its behalf victimises or threatens detrimental action against a person because of the disclosure.
(b) Protection of the identity of the whistleblower
Except in the circumstances specified below, we will not disclose the information, the identity of the discloser and any information that is likely to lead to the identification of the discloser, unless the discloser agrees.
The circumstances in which Shalom may disclose the information are where disclosure is made:
- to ASIC, Australian Prudential Regulation Authority (APRA), Australian Federal Police or to a Commonwealth authority, or a state or territory authority, for the purpose of assisting the authority in the performance of its functions or duties;
- to a lawyer to obtain legal advice or legal representation in relation to the operation of the whistleblowing provisions; and/or
- because it is reasonably necessary to do so for the purposes of Shalom, investigating a matter to which the qualifying disclosure relates (in which case the Company will ensure the disclosure does not identify the whistleblower and will take all reasonable steps to reduce the risk the discloser will be identified as a result of the disclosure).
(c) Protection of files and records
All files and records created from an investigation will be securely retained.
(d) Additional support
Shalom recognises that making a disclosure as a whistleblower can be stressful. If a person who makes a disclosure is an employee of Shalom, they may request to be provided additional support. This may include counselling support and we will consider other ways in which support can be provided to the extent reasonably possible.