Whistleblower Policy

5.1.1 A Whistleblower is a person who, whether anonymously or not, attempts to report misconduct or dishonest or illegal activity that has occurred in connection with EAA, and wishes to avail themselves of protection against reprisal for having made the report.

5.1.2 A Whistleblower may be a current or former Worker with EAA.

5.2.1 A person may disclose any information that the person has reasonable grounds to suspect misconduct, or an improper state of affairs or circumstances in relation to:

1. EAA; or
2. A related body corporate of EAA

5.2.2 Reportable Conduct is any past, present or likely future activity, behaviour or state of affairs considered to be:

1. dishonest;
2. corrupt (including soliciting, accepting or offering a bribe, or facilitating payments or other such benefits);
3. fraudulent;
4. illegal (including theft, drug sale or use, violence or threatened violence, or property damage);
5. in breach of regulation, internal policy or code (such as our Code of Conduct);
6. improper conduct relating to accounting, internal controls, compliance, actuarial, audit or other matters of concern to the whistleblower;
7. a serious impropriety or an improper state of affairs or circumstances;
8. endangering health or safety;
9. damaging or substantially risking damage to the environment;
10. a serious mismanagement of EAA’s resources;
11. detrimental to EAA’s financial position or reputation;
12. maladministration (an act or omission of a serious nature that is negligent, unjust, oppressive, discriminatory or is based on improper motives);
13. concealing reportable conduct.

5.2.3 Reportable Conduct usually relates to the conduct of employees or directors, but it can also relate to the actions of a third party, such as a funder, supplier or service provider.

5.3.1 While everybody is encouraged to speak up and report any concerns to EAA, not all types of conduct are intended to be covered by this Policy or by the protections under the Corporations Act 2001 (Cth). This Policy does not apply to personal work-related grievances (see 5.3.2, 5.3.3 and 5.3.4), unless the grievance includes victimisation due to whistleblowing. Those matters are dealt with under other policies. 

5.3.2 Personal work-related grievances are those that relate to the discloser’s current or former employment with EAA that might have implications for the discloser personally but do not:

1. Have any other significant implications for EAA (or another entity); or
2. Relate to any conduct or alleged conduct about a disclosable matter (as set out in 5.2.2).

5.3.3 Personal work-related grievances include grievances such as interpersonal conflicts, decisions about promotions, decisions that do not involve a breach of workplace laws, or terms and conditions of employment. 

5.3.4 However, personal work-related grievances may be covered by this policy where they include information about misconduct, an allegation that the entity has breached employment or other laws punishable by imprisonment by a period of 12 months or more, or the grievance includes victimisation due to whistleblowing.

5.4.1 To make a protected report you must know of or have reasonable grounds to suspect the Reportable Conduct.

5.4.2 For a report to be investigated, it must contain enough information to form a reasonable basis for investigation. It is important therefore that you provide as much information as possible. This includes any known details about the events underlying the report such as the:

1. date;
2. time;
3. location;
4. name of person(s) involved
5. possible witnesses to the events; and
6. evidence of the events (e.g. documents, emails).

5.4.3 In your report, include any steps you may have already taken to report the matter elsewhere or to resolve the concern.

5.5.1 A report must be made to:

1. Company Secretary or the Board Chair;

5.5.2 EAA will also protect individuals who have made a report in connection with EAA:

1. To the Australian Securities and Investments Commission (ASIC) or the Australian Prudential Regulation Authority (APRA) or another Commonwealth regulatory body such as the Australian Charities and Non Profits Commissioner (ACNC)
2. To a legal practitioner for the purposes of obtaining legal advice or legal representation about whistleblower protections; or
3. That qualifies as an emergency or public interest disclosure under the Corporations Act 2001(Cth). It is important that you understand the criteria for making a public interest or emergency disclosure and you may wish to consult an independent legal adviser before making a public interest or emergency disclosure.

5.5.3 EAA encourages you to identify yourself to the preferred reporting channel whistleblower@emergencyaction.org.au, you may opt to report your concerns anonymously such as by adopting a pseudonym.

6.1.1 If you have reasonable grounds to suspect Reportable Conduct, even if it turns out your concerns are mistaken, EAA will support and protect you and anyone else assisting in the investigation.

6.1.2 EAA will not tolerate any detriment inflicted on you because you or somebody else has made, or might make, a report of Reportable Conduct. Examples of a detriment include:

1. retaliation, dismissal, suspension, demotion, or termination of your role;
2. bullying, harassment, threats or intimidation;
3. discrimination, subject to current or future bias, or derogatory treatment;
4. harm or injury;
5. damage or threats to your property, business, financial position or reputation; or
6. revealing your identity as a Whistleblower without your consent or contrary to law;
7. threatening to carry out any of the above actions.

6.1.3 This protection applies regardless of whether any concerns raised in a report are found to be true, provided that you are acting honestly and ethically and made the report on reasonable grounds.

6.1.4 This protection also applies to individuals conducting, assisting or participating in an investigation. You will also be entitled to the protection if you make a report of Reportable Conduct to an external body under this Policy.

6.1.5 Anyone found to be victimising or disadvantaging another individual for making a disclosure under this Policy will be disciplined and may be dismissed or subject to criminal or civil penalties.

6.1.6 If you believe you have suffered a detriment in violation of this Policy, we encourage you to report this immediately to whistleblower@emergencyaction.org.au or companysecretary@emergencyaction.org.au, or an external body under this Policy. Your concerns of being disadvantaged will be treated as a report of Reportable Conduct in line with this Policy.

6.1.7 Anyone engaging in detrimental conduct may be subject to serious consequences, including disciplinary action and/or termination of engagements or contracts, as applicable. They may also be subject to civil and criminal penalties.

6.1.8 You may also be entitled to the following legal protections for making a report:

1. protection from civil, criminal or administrative legal action;
2. protection from having to give evidence in legal proceedings; and/or
3. compensation or other legal remedy.

6.2.1 A discloser can choose to remain anonymous while making a disclosure, over the course of the investigation and after the investigation is finalised. EAA will do all it can to protect confidentiality.

6.2.2 However, we encourage all individuals to disclose their identity when raising a concern. This will assist us to gather further information on your report. If you choose to disclose your identity, your details will be treated confidentially to the fullest extent possible in connection with the investigation. EAA will take measures to protect your identity such as by redacting your personal information, storing your information and disclosure securely, referring to you in a gender-neutral context and only allowing qualified staff to investigate your disclosures.

6.2.3 You may choose to report your concerns anonymously. However, if you choose to disclose your identity, your details will be treated confidentially to the fullest extent possible in connection with the investigation, and your identity will not be disclosed unless:

1. you consent in writing to the disclosure;
2. the disclosure is made to ASIC, APRA, the Australian Federal Police (AFP);
3. the disclosure is made to a Legal Practitioner for the purpose of obtaining advice;
4. the disclosure is authorised under the Corporations Act 2001 (Cth); and/or
5. disclosure is necessary to prevent or lessen a threat to a person’s health, safety or welfare.

6.2.4 We encourage all individuals to disclose their identity when raising a concern. This will assist us to gather further information on your report. All information relating to a report of Reportable Conductwill be stored securely and access will be limited to authorised staff.

6.2.5 It is illegal for a person to identify a discloser, or disclose information that is likely to lead to the identification of the discloser unless an exception above applies. If you feel that your confidentiality has been breached, you can lodge a complaint with a regulator, such as ASIC, APRA or the ATO, for investigation. EAA may also take disciplinary action against individuals that breach the confidentiality of a discloser, including summary dismissal.

6.3.1 Protected Disclosures must be made on reasonable grounds. Anyone who knowingly makes a false report/disclosure of Reportable Conduct may be subject to disciplinary action, including dismissal.

6.3.2 The disciplinary action will depend on the severity, nature and circumstance of the false disclosure.

2.1.1 Whistleblowing protections will only apply to reports of Reportable Conduct made in accordance with this Policy and Procedure.

2.1.2 Where you have reasonable grounds to suspect that an individual has engaged in Reportable Conduct, you should report the matter to any person authorised by EAA to receive Whistleblower disclosures. Authorised people are:

1. Executive Director
2. Company Secretary

2.1.3 If you are not comfortable or able to report Reportable Conduct internally, you may report it to ASIC.

2.2.1 After receiving your report EAA will:

1. assess the report of Reportable Conduct;
2. consider whether there are any conflicts of interest prior to investigating;
3. determine whether external authorities need to be notified;
4. determine whether and how to investigate; and
5. appoint a Whistleblowing Investigator if appropriate.

2.2.2 If an investigation is deemed necessary, it will be conducted fairly, objectively and in a timely manner. The investigation process will vary depending on the nature of the Reportable Conduct and the amount of information provided.

2.2.3 Any individuals who are accused of misconduct in a report (a Respondent) will have an opportunity to respond to allegations before any adverse findings are made and before any disciplinary action (if appropriate) is taken.

2.2.4 EAA may need to speak with a Whistleblower as part of an investigation. If the identity of the Whistleblower is known, EAA will endeavour to keep them informed about the status of an investigation.

2.2.5 If there is insufficient information to warrant further investigation, or the initial investigation immediately identifies there is no case to answer, the individual who reported the Reportable Conduct will be notified at the earliest possible opportunity.

2.3.1 At the conclusion of the investigation, a report will be prepared outlining:

1. a finding of all relevant facts;
2. a determination as to whether the allegation(s) have been substantiated or otherwise;
3. the action that will be taken, which may include disciplinary action and dismissal.

2.3.2 The disciplinary action will be dependent on the severity, nature and circumstances of the Reportable Conduct.

2.3.3 Where possible and appropriate, having regard to EAA privacy and confidentiality obligations, the Whistleblower will be informed of the outcome of any investigation into their concerns.