Whistle Blower Policy

About this policy

Version as at October 2024.

The whistleblower protections in the Corporations Act 2001 require Federal Group to have a Whistleblower Policy available to provide information about the protections available to whistleblowers and how disclosures can be made.

Overview

Federal Group is committed to ensuring that all of its workplaces are a safe environment, and all of its employees uphold expected behaviours.

Federal Group strongly encourages employees, and others, to report their concerns freely, anonymously, and without fear of reprisal, disadvantage or intimidation.

The purpose of this Whistleblower Policy (Policy) is to provide such a mechanism and encourage the reporting of such conduct.

Who does this Policy apply to?

This Policy applies to anyone who may be a Discloser – any person who is, or has been, an employee or officer of any business in the Federal Group, a supplier of goods or services (paid or unpaid) and their employees, and the relatives of any of the above.

Definitions used in this Policy

Detrimental Treatment

Any conduct directed at a Discloser, or person suspected of being a Discloser, that causes (or is a threat to cause) any detriment to the Discloser - including dismissal, disadvantageous alteration of position or duties, discrimination, harassment, reputational damage or injury.

Detrimental Treatment is NOT, reasonable administrative action to protect a Discloser from detriment (e.g. moving a Discloser to another office) or managing work performance whether satisfactory or unsatisfactory.

Discloser

A person who, whether anonymously or not, discloses wrongdoing in accordance with this Policy which may or may not be a Reportable Matter.

Disclosure Officer

a Whistleblower Committee member;

an Officer – a director or company secretary or person who makes, or participates in making, decisions that affect the whole, or a substantial part of the business; or

a Senior Manager – a person other than a director or company secretary who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or who has the capacity to significantly affect the financial standing of the business.

Reportable Matter

Information that a Discloser has reasonable grounds to suspect concerns misconduct or an improper state of affairs.

It is NOT information that is about a personal work-related grievance, which is about a Discloser’s employment or further employment that has implications for that Discloser personally.

Whistleblower Committee

The Whistleblower Committee will, when a disclosure is made:

determine if it is a Reportable Matter;
decide how a Reportable Matter is to be investigated and by whom;
consider the findings of any investigation; and
make recommendations on actions from findings to the Federal Group Audit and Risk Committee (but will maintain the anonymity of the Discloser’s identity unless they consent for it to be disclosed).

Whistleblower protection

What is Whistleblowing?

If you have noticed something going on within Federal Group that:

does not sit comfortably with you because you think it is illegal, dishonest, unethical or potentially harmful; and

you have tried the normal channels of reporting and are not satisfied with the outcome; or can’t because who you normally report to may be involved.

What can you do?

Whistleblower legislation in Australia provides a process for the reporting of illegal and other undesirable conduct without fear of reprisal, disadvantage or intimidation

Who is a Whistleblower?

A Whistleblower Discloser is a person who:

is or has been an employee of any Federal Group business; or

is a supplier or employee of a supplier of goods and services to Federal Group (paid or unpaid); or

a relative of either of the above

and who believes that something is happening, has happened or will happen in Federal Group that is a Reportable Matter and wants to report it.

What is a Reportable Matter?

Information that a Discloser has reasonable grounds to suspect shows misconduct or an improper state of affairs.

A Reportable Matter includes conduct that is:

• dishonest, fraudulent or corrupt such as bribery;
• illegal - theft, drug sales or use, bullying, discrimination or other breaches of the law;
• unethical or a breach of Federal Group’s policies or Principles;
• is unethical or in breach of Federal Group’s policies or Code of Conduct;
• potentially unsafe or damaging such as unsafe work practices, environmental damage; or
• an abuse of authority.

A disclosure may be a Reportable Matter even if it turns out to be incorrect.

What is not a Reportable Matter?

A disclosure that is:

• trivial in nature with no substance;
• unsubstantiated allegations which are found to have been made maliciously, or knowingly to be false; or
• personal workplace grievances such as normal workplace discipline, performance management, termination or promotion decisions or interpersonal conflicts

You are encouraged to report personal workplace grievances through normal channels unless you believe you may suffer personal disadvantage or wish to use the protections under this Policy. These channels may be raising the matter with your immediate supervisor, manager or People and Culture or reporting under other policies.

Potential Whistleblowers are encouraged to make a disclosure as a Whistleblower if they are unsure. They may be referred to a more appropriate process in some cases however disciplinary or other action will not be considered against you if the disclosure is made in good faith.

What does it mean if I am a Whistleblower?

As a Whistleblower, Australian law gives you the following protection:

you can make a disclosure anonymously and your prior consent will be required to identify you to anyone other than the person you make the disclosure to;

your disclosure will be treated confidentially;

any serious issue that you disclose will be investigated;

you will, as much as possible, be kept informed about the investigation, outcome and any action taken;

all files and records will be treated confidentially. Unauthorised release of information to someone not involved in the investigation (other than directors or senior staff who may need to know or for governance purposes) without your consent will be a breach of this Policy;

you are protected from civil, criminal and disciplinary action from making your disclosure (although you are not protected from any consequences from your involvement in the wrongdoing);

you are protected against any detrimental treatment such as dismissal, discrimination, harassment, reputational damage, negative changes to your position or duties; and

talking to a legal practitioner about the whistleblower legislation is protected, even if your disclosure ends up not being a Reportable Matter.

What is Federal Group’s Whistleblower process?

Who do I contact?

If you think you have a Reportable Matter, you can disclose to any Disclosure Officer but are encouraged to disclose to a Whistleblower Committee Member by phone, email, in writing or in person at any time.

Mail – PO Box 256 Sandy Bay, Tasmania 7005
Email – whistleblower@federalgroup.com.au
Phone – 03 6225 7150

What will I have to do?

You will be asked to provide as much information as possible including dates, times, locations, person(s) involved, possible witnesses, any evidence and steps you may have already taken to report the matter.

The Disclosure Officer will take all the information you can provide and they will explain the process to you. They will also ask for your prior consent that you can be identified. Note that if you do not give this consent, this may mean that the matter can’t be adequately investigated.

If what you have reported might be a Reportable Matter, it will be referred to the Whistleblower Committee for confirmation and investigation.

Matters that are not Reportable Matters under the Whistleblower legislation may still be investigated but the requirements and protections in this Policy will not apply.

What happens at the end of an investigation?

You will be informed of the outcome of any investigation and the findings and any recommendations will be reported to the Audit and Risk Committee.

If an investigation does not substantiate your disclosure, the fact that the investigation has been carried out, the results of the investigation, your disclosure and the identity of any persons identified in your disclosure will be handled confidentially.

The Whistleblower Committee will decide whether a person named in the allegation should be informed that a suspicion was raised and found to be baseless upon preliminary review. This decision will be based on a desire to protect the integrity of that person, to enable workplace harmony to continue and to protect you where it is a Reportable Matter.

Where findings require discipline of any employee, these will be in line with relevant disciplinary policies.

What if I am involved in the wrongdoing?

You are protected from civil liability (e.g. breach of employment contract or contractual obligation), criminal liability (e.g. unlawful release of information) and disciplinary action but making a disclosure may not protect you from the consequences flowing from involvement in the wrongdoing itself.

Your liability for your own conduct is not affected by your reporting of that conduct under this Policy. However active cooperation in the investigation, an admission and remorse will be taken into account when considering disciplinary or other action.

What if my Disclosure is found to not be proved?

Even if a Reportable Matter turns out to be incorrect or not proved, or not a Reportable Matter at all, no disciplinary or other action will be considered against you unless the Disclosure is found to have been made maliciously.

Who is a Disclosure reported to?

The Whistleblower Committee will report to the Federal Group Audit and Risk Committee on the number and type of disclosures annually, and provide them with recommendations on actions from the findings of any investigation or disclosure. These reports will maintain the confidentiality of matters disclosed under this Policy and will maintain the anonymity of your identity unless you have consented for it to be disclosed.

What support is available to me as a Whistleblower?

Federal Group is committed to ensuring you feel supported and able to raise issues that relate to any misconduct or improper state of affairs or circumstances.

Federal Group will treat a disclosure that is a Reportable Matter as a protected disclosure, even if any subsequent investigation finds no wrongdoing.

Any actual or perceived detrimental treatment against you as a Discloser is prohibited and subject to disciplinary measures. If you have been subject to such treatment or threatened, you should report this to a Disclosure Officer. As a Discloser you may seek compensation and other remedies through the courts if you suffer loss, damage, or injury because of your disclosure and Federal Group failed to take reasonable precautions and exercise due diligence to prevent this loss.

What if I am not happy with the outcome of my disclosure?

You can also make a protected whistleblower disclosure direct to a regulator such as ASIC or the ATO.

You may also make a protected whistleblower disclosure to a journalist or parliamentarian but only where:

• 90 days after you made a disclosure to a regulator, you give notice that you will be making a public interest disclosure; or

• you have made a disclosure to a regulator and have reasonable grounds to believe that there is substantial and imminent danger to health and safety of people or the environment and you have given notice that you will be making an emergency disclosure.

You should contact an independent legal adviser before making a public interest or emergency disclosure.

How to contact us

To make a disclosure or if you would like more information about this Policy, you may contact Federal Group by email, mail or phone:

Email:
whistleblower@federalgroup.com.au
Mail:
Whistleblower Committee
Federal Group
PO Box 256
Sandy Bay, Tasmania, 7005
Phone: 03 6225 7150

Changes in the future

We reserve the right to change this Policy at any time.

All changes will be notified by posting an updated version of this Policy on our websites. Any changes to this Policy shall be deemed to take place on the date the changes are posted on our website(s).