WHISTLEBLOWER POLICY

Introduction

Australian Marist Solidarity (AMS) is the international development arm of the Marist Brothers Star of the Sea Province and the Marist Association of St Marcellin Champagnat. It has a particular focus on empowering young people to transform their lives and community. Promoting the dignity of the human person, as safeguarded by internationally recognised human rights conventions, is a core value of AMS.

Australian Marist Solidarity (AMS) is committed to operating legally (in accordance with applicable legislation and regulation), properly (in accordance with organisational constitutions, policy and procedures), and ethically (in accordance with recognised ethical principles). Any person who reports misconduct, according to this policy, should not be personally disadvantaged in any way.

Scope

This policy applies to all Eligible Whistleblowers. You are considered an ‘Eligible Whistleblower’ if you are, or have been, any of the following:

1. An officer, employee or volunteer of AMS

2. A supplier of goods or services to AMS (whether paid or unpaid) or an employee of such a supplier

3. An associate of AMS

4. A relative of an individual referred to in any of the previous items; or

5. A dependant of an individual referred to in any of the previous items; or of that individual’s spouse.

Purpose

The purpose of this policy is to:

a) encourage reporting of matters that may cause harm to individuals or financial or non-financial loss to AMS or damage to its reputation;

b) enable AMS to deal with protected disclosure made from Eligible Whistleblowers in a way that will protect the identity of the whistleblower and provide for the secure storage of the information provided;

c) protect whistleblowers against reprisal by any person internal or external to the entity;

d) ensure AMS maintains the highest standards of ethical behaviour and integrity.

Definitions

‘Whistleblower’: A whistleblower is someone with inside knowledge of an organisation who reports misconduct or dishonest or illegal activity that may have occurred within that organisation (ACNC).

‘Disclosable Matter’: has the meaning given to it in section 1317AA(4) of the Corporations Act 2001 (Cth) and includes disclosure of information to Eligible Recipients that a discloser has reasonable grounds to suspect concerns misconduct, or an improper state of affairs indicating that AMS, or any of its officers or employees, has engaged in conduct that:

(a) Constitutes an offence against a provision of the Corporations Act 2001 (Cth) or other prescribed legislation governing finance and commerce (financial sector laws enforceable by ASIC or APRA)

(b) Constitutes an offence under any other Australian Commonwealth law that is punishable by imprisonment for a period of 12 months or more, or

‘Eligible Recipient’ includes:

(a) ASIC;

(b) a director or senior manager of AMS;

(d) a lawyer for the purposes of obtaining advice in relation to a disclosure made in accordance with this policy.

‘Misconduct’ includes behaviour that is:

• fraudulent or corrupt

• illegal

• unethical, such as acting dishonestly; altering company records; wilfully making false entries in official records; engaging in questionable accounting practices; or wilfully breaching AMS’s Code of Conduct or the ACFID Code of Conduct

• potentially damaging to AMS’s reputation or causing serious financial or non-financial loss to AMS, such as maladministration

• endangers health and safety of the staff, volunteers, or general public

• involves any retaliatory action against a whistleblower for having made a wrongdoing disclosure.

‘Reasonable grounds': means that a reasonable person in your position would also suspect the information indicates misconduct or a breach of the law.

‘Work-related grievance’: will include: an interpersonal conflict with another employee; a decision about your employment, transfer, or promotion; a decision about the terms and conditions of your employment; or a decision to suspend or terminate your employment or otherwise discipline you.

Policy

No person should be personally disadvantaged for reporting a wrongdoing. Not only may this misconduct be illegal, but it may directly oppose the values and mission of AMS. AMS is committed to maintaining an environment where legitimate concerns are able to be reported without fear of retaliatory action or retribution.

Protections for Whistleblowers

The Corporations Act 2001 (Corporations Act) gives certain people legal rights and protections as whistleblowers. You can access the legal rights and protections for whistleblowers in the Corporations Act if:

• You meet the definition of an ‘eligible whistleblower’

• You make your disclosure to an ‘eligible recipient’

• You have reasonable grounds to suspect that the information you are disclosing concerns any of the items listed in the definition of ‘disclosable matter’ above.

The Corporations Act contains certain protections for whistleblowers who meet the above criteria, including:

• Protection of information provided by the whistleblower: the right for your identity and personal information to be kept confidential (information can be reported to authorities where required) • Protections for whistleblowers against legal action: protects against criminal prosecution, civil litigation and administrative action for making the whistleblower disclosure. This does not grant immunity if you were involved in the misconduct disclosed. • Protections for whistleblowers from detriment: makes it illegal for someone to threaten detriment to you because they believe or suspect you have made a disclosure.

Whistleblower protections do not cover a report of misconduct solely about a personal work-related grievance.

Making a disclosure

• Reports can be to the AMS CEO via email (ams.ceo@marists.org.au), by telephone (+61 7 3354 0600), by post or in person (142 Frasers Rd, Ashgrove, Queensland 4060, Australia)

• Reports can be made to the Board Chair (if the CEO is believed to have been involved in a breach)

• A report can be made to any eligible recipient as outlined in this policy

When a person makes such a disclosure they are entitled to expect that:

• their identity remains confidential at all times to the extent permitted by law or is practical in the circumstances;

• they will be protected from reprisal, harassment or victimisation for making the report; and

• should retaliation occur for having made the disclosure then AMS will treat it as serious wrongdoing under this policy.

How will disclosures be investigated?

Once a report has been received from an eligible whistleblower, an investigation of the allegations will commence as soon as practicable. Investigations will follow a fair process; be conducted in a timely manner; and be independent of the person(s) about whom the allegation has been made. Refer to the AMS Operations Manual for further detail on the investigations process.

Further support for Whistleblowers

Confidential support is provided for all staff through the Employee Assistance Program. Access EAP can be contacted on 1800 818 728.

How this policy is made available

This policy is available on the AMS website (Our Policies » Australian Marist Solidarity). A copy of the policy is provided to staff and volunteers as part of the induction process.

Monitoring & Review of Policy

AMS will undertake a review of this policy in accordance with the AMS Policy Review Process as it appears in the AMS Operations Manual or sooner if required.

Related Resources

• AMS Privacy Policy

• AMS Financial Wrongdoing Management Policy

• AMS Transparency Policy

• AMS Complaints Management Policy

• Australia – Public Interest Disclosure Act 2013 ; Corporations Act 2001

• ACT – Public Interest Disclosure Act 2012

• NSW – Public Interest Disclosures Act 1994

• NT – Public Interest Disclosure Act 2008

• Queensland – Public Interest Disclosure Act 2010

• South Australia – Whistleblowers Protection Act 1993

• Tasmania – Public Interest Disclosures Act 2002