WHISTLEBLOWER POLICY

Jawun is committed to providing a safe and supportive workplace and to carrying out its activities honestly, fairly and with integrity. We want you to feel safe to tell us about serious wrongdoing if you become aware of it.

This policy sets out:

(1) what disclosures will ensure protection to a Whistleblower;

(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 an improper or illegal state of affairs or circumstances, in relation to Jawun (or a related body corporate of Jawun) (Reportable Wrongdoing). For example, conduct that is:

(a) dishonest, unethical or fraudulent;

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

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

(d) endangering health and safety;

(e) damaging, or substantially risking damaging, the environment;

(f) unauthorised use of Jawun's confidential information;

(g) likely to damage Jawun’s financial position or reputation; and

(h) 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.

What to report

Provide as much information as possible about the events underlying the Reportable Wrongdoing, including:

(a) date;

(b) time;

(c) location;

(d) people involved;

(e) possible witnesses to the events; and

(f) any other information or documents that may be relevant.

Who to report to

You can report Reportable Wrongdoing to any of the Eligible Recipients listed in the table below. The report can be made verbally or in writing.

Whistleblower Officer

Wayne Dagger
wdagger@jawun.org.au
Tel: 0417 105 777

PO Box A199
Sydney South
NSW 1235

Company Secretary

Peter Malhotra
pmalhotra@jawun.org.au
Tel: 0421 968 025

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 contact the Chair of Audit and Risk Committee.

Ewen Crouch AM
ewen.crouch@bigpond.com

Eligible Recipients will ensure the report is taken seriously by Jawun and proper follow-up occurs.

Eligible Recipients will also ensure you are supported and protected.

We encourage you 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.

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).

Anonymous reporting

You can make an anonymous report if you do not want to reveal your identity, but we encourage you to provide your name because it will make it easier for Jawun to address your report and communicate with you. However, you are not required to provide your name.

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 insufficient 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 name.

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

As soon as you report Reportable Wrongdoing, Jawun will make sure immediate steps are taken to protect your identity. This includes redacting your name and position from any written record of the report and implementing appropriate document security.

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 by Jawun if:

(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, 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 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 will assess a report as soon as practicable after it has been made to the Eligible Recipient to determine if it is Reportable Wrongdoing.

(2) If Jawun determines that the information disclosed does not amount to Reportable Wrongdoing, you will be, if practicable, informed of that decision. This will not be possible where the report was made anonymously.

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

(4) 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).

(5) 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.

(6) Jawun will ensure that, provided the report was not made anonymously, the Protected Whistleblower is kept 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