WHISTLEBLOWER POLICY

  • Jawun is committed to providing a safe and supportive workplace and to carrying out its activities honestly, fairly and with integrity. Jawun encourages a culture where you feel safe to speak up and tell us about serious wrongdoing if you become aware of any.

    This policy sets out:

    1. what disclosures are protected;

    2. who can be a Whistleblower;

    3. what protections are available to Whistleblowers; and

    4. how to make a disclosure and what Jawun will do.

  • These people may receive protection as a Whistleblower:

    1. current and former employees and officers;

    2. secondees and volunteers;

    3. contractors or suppliers (including employees of contractors or suppliers); and

    4. associates, for example directors or secretaries of Jawun or its related bodies corporate.

    Whistleblowers may also be relatives, family members and dependents of the people listed above.

  • Reportable Wrongdoing

    Protections will apply to a Whistleblower reporting serious misconduct, or improper or illegal actions or circumstances, in relation to Jawun (Reportable Wrongdoing). For example, conduct that is:

    • dishonest, unethical or fraudulent;

    • illegal (including theft, drug sale or use, violence or threatened violence and property damage);

    • corrupt (including soliciting, accepting or offering a bribe, or facilitating payments or other such benefits);

    • endangering health and safety;

    • damaging, or substantially risking damaging, the environment;

    • unauthorised use of Jawun's confidential information;

    • likely to damage Jawun’s financial position or reputation; and

    • concealing any Reportable Wrongdoing.

    Personal work-related grievances

    Reports of personal work-related grievances generally do not -provide a Whistleblower with protection.

    Personal work-related grievances are those that relate to your current or former employment with Jawun that might have implications for you personally, but do not have other significant implications for Jawun or relate to any Reportable Wrongdoing.

    For example:

    1. interpersonal conflicts;

    2. decisions about promotions;

    3. decisions that do not involve a breach of workplace laws;

    4. terms or conditions of employment.

    However, reports of personal work-related grievances may be protected where they include:

    1. information about a Reportable Wrongdoing;

    2. an allegation that Jawun has broken employment laws which are punishable by imprisonment for 12 months or more, or acted in a way that is a threat to public safety; or

    3. victimisation or harassment due to whistleblowing.

    We encourage you to resolve personal work-related grievances by raising them with the relevant General Manager or CEO.

  • Jawun has engaged FairCall, an external, independently monitored and dedicated service operated by KPMG for the anonymous reporting of concerns relating to fraud and corporate misconduct.

    FairCall is a reporting service only and does not provide advice or conduct investigations into reports (unless engaged to do so by Jawun).

    Reportable Wrongdoing can be reported using one of the below channels.

    • FairCall telephone Within Australia: 1800 500 965

    • FairCall website

    • FairCall post:

      The FairCall Manager
      KPMG Forensic
      PO Box H67
      Australia Square
      Sydney NSW 1213

    Anonymous reporting

    If you wish to remain anonymous you will not be asked for personal details. When making a report to FairCall, you can choose from one of the following anonymity options:

    1. 'Fully anonymous’ to both KPMG and Jawun. If you wish to remain fully anonymous you will not be asked for personal details. Unless you consent to disclosure and provide FairCall with your personal details, Jawun will not attempt to obtain your identity.

    2. ‘Partially anonymous’ to FairCall. You may wish to provide your personal details to KPMG only, but these will not be provided to Jawun. FairCall can facilitate further communication between yourself and Jawun without your identity or personal details being shared.

    3. ‘Fully identified’ to both KPMG and Jawun. If you wish to provide personal details in your report, FairCall will obtain these details from you and include this in your report to Jawun.

    When you lodge a web report with FairCall you will have the option of creating a secure ‘postbox’. The secure postbox acts as a communication channel between you and KPMG that allows you to remain fully anonymous whilst allowing you to log back into the postbox to check for communication updates from KPMG.

    If you do not provide your name, Jawun will assess your report in the same way as if you had revealed your identity. However, please be aware that an investigation may not be possible where insufficien information is provided, and it may be difficult to offer the same level of practical support or protect you if Jawun does not know your identity.

    Whistleblower Protection Officer

    Reportable Wrongdoing submitted via FairCall will be provided to the Whistleblower Protection Officer listed below. If FairCall note a potential conflict of interest the report will be provided to an alternative Eligible Recipient as per the table below.

    Should you not wish to use the FairCall service, report can be made directly to the Eligible Recipients below.

    Lisa Hudson
    lhudson@jawun.org.au
    PO Box A199
    Sydney South
    NSW 1235

    Company Secretary

    Donna Briggs
    dbriggs@jawun.org.au
    PO Box A199
    Sydney South
    NSW 1235

    Chair of Audit and Risk Committee

    If your concern relates to senior executives, or any Recipient named in this Policy, you are encouraged to request FairCall direct the report to the Chair of Audit and Risk Committee, or to contact them directly.

    Peter King
    p.f.king@bigpond.com

    In addition to providing reports to the Whistleblower Protection Officer or appropriate eligible recipient, FairCall provide quarterly reports to the Jawun Audit and Risk Committee, to provide assurance that reports have been taken seriously by Jawun and that proper follow-up occurs.

    The Whistleblower Protection Officer or appropriate Eligible Recipient is responsible for making sure that will also ensure you are supported and protected.

    We encourage you to utilise the FairCall service to report to an Eligible Recipient in the first instance (rather than to an external regulator), as it means Jawun can address any Reportable Wrongdoing as soon as possible.

    Alternative reporting options

    You can also report any Reportable Wrongdoing to any of:

    1. the Australian Securities and Investments Commission (ASIC);

    2. the Commissioner of Taxation (ATO);

    3. a legal practitioner for the purposes of obtaining legal advice or legal representation about Whistleblower protections; or

    4. a journalist or parliamentarian, providing that the report qualifies as an emergency or public interest disclosure under the Corporations Act. We recommend that you contact an independent legal adviser before making a public interest disclosure or an emergency disclosure.

    Please note that the Whistleblower protections do not extend to reports made to the Australian Charities and Not-for-profits Commission (ACNC).

  • Who is protected?

    You will be a Protected Whistleblower, and protected from harm, by law, if you:

    1. know of, or have reasonable grounds to suspect Reportable Wrongdoing; and

    2. report that Reportable Wrongdoing to an Eligible Recipient or to an external person listed in “How do you report a Reportable Wrongdoing?”.

    You will still qualify for protection even if the information turns out to be incorrect, or you were mistaken, provided the report was made honestly and you honestly and

    reasonably suspected the Reportable Wrongdoing. However, if you knowingly make a false report, or otherwise fail to act honestly, you may be subject to disciplinary action, including dismissal.

    What is protected?

    If you are a Protected Whistleblower (as defined above), Jawun will:

    1. protect your identity; and

    2. ensure that you are not subject to harm or disadvantage in connection with the disclosure

    Identity protection Your consent is required prior to any identifying information being provided by FairCall to Jawun’s senior management. You can remain fully anonymous and will have the option of creating a secure postbox to allow KPMG FairCall to contact you without providing direct contact details.

    It is illegal for a person to identify a Protected Whistleblower or disclose information that is likely to lead their identification. As a Protected Whistleblower, your identity will only be shared where:

    1. you consent in writing to the disclosure of your identity;

    2. it is to ASIC or the Australian Federal Police;

    3. it is allowed or required by law (for example, disclosure to a legal practitioner for the purpose of obtaining advice relating to the law on whistleblowing); or

    4. it is necessary to prevent or lessen a threat to a person’s health, safety or welfare.

    If you feel that your confidentiality has been breached outside the exceptions allowed by law, you can lodge a complaint with Jawun (directly or via FairCall), ASIC or the ATO for investigation.

    Protections against unfavourable treatment

    It is illegal to treat a Protected Whistleblower unfavourably in connection with their reporting of Reportable Wrongdoing. Examples of unfavourable treatment include:

    1. dismissal, demotion, bias or disciplinary action;

    2. causing harm or injury, including psychological harm;

    3. bullying, discrimination, harassment, threats or intimidation;

    4. damage or threats to property, business, financial position or reputation; and

    5. revealing the Protected Whistleblower’s identity without their consent or contrary to law.

    Jawun does not tolerate this type of behaviour. You should tell an Eligible Recipient (directly or via FairCall), if you or someone else is being, or has been, subject to unfavourable treatment in connection with the reporting of Reportable Wrongdoing. Any person involved in unfavourable treatment will be subject to disciplinary action including, but not limited to, termination of employment or engagement.

    Other protections

    Protected Whistleblowers may also be entitled to the following legal protections:

    1. protection from civil, criminal or administrative legal action;

    2. protection from having to give evidence in legal proceedings;

    3. compensation or other remedies.

    Jawun encourages you to seek independent legal advice about any compensation or other remedies that may be available to you.

  • Investigation process

    Jawun will treat all reports made under this policy sensitively and seriously, and will deal with them promptly, fairly and objectively. The following steps will apply:

    1. Jawun senior management will assess a report as soon as practicable after it has been provided to determine if it is Reportable Wrongdoing.

    2. If Jawun determines that the information disclosed does not amount to Reportable Wrongdoing, - if you have provided contact details or set up a secure FairCall postbox, you will be informed of that decision. If you have not provided contact details or set up a postbox, Jawun is unable to inform you of this.

    3. Investigations will be conducted fairly and in a timely manner.

    4. Jawun will conduct investigations with regard to the nature of the allegation and the rights of the people involved in the investigation. Jawun recognises the importance of balancing the rights of the Protected Whistleblower against the rights of people against whom an allegation has been made.

    5. Jawun will inform the person against whom an allegation has been made and that person will have an opportunity to respond, unless there is a restriction or reasonable basis preventing Jawun from informing that person (eg public safety concerns).

    6. If you have provided contact details or set up a secure FairCall postbox, Jawun will keep you informed of the outcomes of the investigation. This is subject to the privacy concerns of those against whom allegations have been made.

    7. If the Protected Whistleblower is not an employee of Jawun, the Protected Whistleblower will be kept informed of the investigative outcomes after agreeing in Writing to maintain confidentiality in relation to any Information provided to them regarding the disclosure made by them.

    If you are not satisfied with the outcome of an investigation, you can:

    1. request a review of the investigation by Jawun; or

    2. lodge a complaint with a regulator, such as ASIC or the ATO.

    If you request a review of the investigation, Jawun will consider your request. However, Jawun is not obliged to reopen an investigation if it concludes that:

    1. the investigation was conducted properly;

    2. new information is either not available or would not change the findings of the investigation.

    Reporting

    The board will receive a summary of reports made under this policy on a bi-annual basis.

    Further information

    This policy is available on our website www.jawun.org.au and is also distributed with the Jawun Staff Policies and Procedures Handbook as part of employee induction packs.

    This policy should be read in conjunction with:

    1. Jawun Staff Policies and Procedures Handbook