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Whistleblower Policy

BNSW Whistleblowing Policy

A green whistle being blown

1. Introduction & Purpose

NSW Business Chamber Ltd and its subsidiaries (BNSW) strives to operate with a culture of ethical and appropriate corporate behaviour in all our business activities. This includes ensuring that BNSW acts with integrity, honesty and in accordance with good governance principles.

This purpose is supported by:

  • ensuring that BNSW has sound procedures to allow all workers, clients and their families to identify and report genuine concerns about illegal conduct or any improper state of affairs relating to BNSW, without fear of reprisals;
  • ensuring all employees and officers of BNSW, as well as relevant clients, are aware of the protections available under this Policy and the Whistleblower Laws; and
  • encouraging all BNSW employees (and non-employees, including clients) to have the confidence to speak up if they become aware of illegal conduct or any improper state of affairs relating to BNSW.

This Policy is extremely important as it helps to identify wrongdoing that may not be uncovered unless there is a safe and secure means for disclosing wrongdoing.

This Policy has been prepared to provide a clear and consistent approach across the different Whistleblower Laws that apply to the different areas of BNSW’s operations. In this Policy, a reference to BNSW should be read to mean each of NSW Business Chamber Ltd and its subsidiary companies, unless the Policy says that it does not (or is limited to certain of the BNSW companies). Depending on which part of the BNSW business you are in or interact with, will determine which parts of the Policy apply to you.

2. Definitions

In this Policy:

Aged Care Act means the Aged Care Act 2024 (Cth).

BNSW means NSW Business Chamber Limited (whether it trades as ‘Business NSW’, ‘My Business’, ‘Business Sydney’, ‘Business Western Sydney’, ‘Business Illawarra’ or another trading name) and its subsidiary companies, including, without limitation, Alliance Health Services Group Pty Ltd, Heartbeat Nursing Agency Pty Ltd, Ability Plus Disability Services Pty Ltd and Recruitment Solutions Group Australia Pty Ltd.

Corporations Act means the Corporations Act 2001 (Cth).

Discloser(s) refers to the persons eligible to make a disclosure protected by Whistleblower Laws. These persons are identified in sections 5.2, 6.2 and 7.2 below.

NDIS Act means the National Disability Insurance Scheme Act 2013 (Cth).

Protected Matters refers to the types of matters outlined at section 5, 6 and 7 below, which are protected by the applicable Whistleblower Laws and the terms of this Policy.

Whistleblower Laws refers to the provisions contained in:

  1. Part 9.4AAA of the Corporations Act as well as the accompanying Corporations Regulations 2001 (Cth) (see section 5 of this Policy);
  2. Chapter 4, Part 3A, Division 7, of the NDIS Act (where applicable – see section 6 of this Policy); and
  3. Chapter 7, Part 5, of the Aged Care Act (where applicable – see section 7 of this Policy).

Whistleblowing Officer for all Protected Matters under the Corporations Act, is the BNSW General Counsel and Company Secretary, unless otherwise specified in this Policy (see section 8).

3. Commencement and Scope

This Policy commenced on 1 July 2019. It replaces all other policies dealing with whistleblowers and Whistleblower Laws.

This Policy applies to all Disclosers, as defined in sections 5.2, 6.2 and 7.2 below.

The Policy is not intended to create any contractually binding obligation on BNSW and does not form part of any contract of employment or other contract for engagements with BNSW.

4. Types of Disclosures Protected by Whistleblower Laws

A disclosure is protected by Whistleblower Laws if:

  1. the disclosure relates to Protected Matters;
  2. the information is disclosed by a Discloser identified in section 5.2, section 6.2 or section 7.2 below; and
  3. the disclosure is made to one of the persons identified in section 5.4, section 6.3 or section 7.3 below (provided the pre-requisites in that section have been satisfied).

All of the above 3 conditions must be satisfied for a disclosure to be protected by Whistleblower Laws.

For specific details about disclosures under:

  • the Corporations Act, see section 5 of this Policy;
  • the NDIS Act, see section 6 of this Policy; and
  • the Aged Care Act, see section 7 of this Policy.

5. Protected Disclosures Under the Corporations Act

5.1 Protected Matters

The types of disclosures which are protected are those where the Discloser has reasonable grounds to suspect that the information disclosed concerns misconduct, or an improper state of affairs or circumstances, in relation to BNSW or its related bodies corporate.

Misconduct includes (but is not limited to) fraud, negligence, default, breach of trust and breach of duty.

These types of Protected Matters would include concerns that BNSW, its related bodies corporate or employees or officers of BNSW or its related bodies corporate, have engaged in conduct that:

  1. is a contravention of the:
    1. Corporations Act;
    2. Australian Securities and Investments Act 2001 (Cth);
    3. Superannuation Industry (Supervision) Act 1993 (Cth); or
    4. Banking Act 1959 (Cth) or any insurance or life insurance statutes.
  2. is an offence against a law of the Commonwealth which is punishable by imprisonment for 12 months or more;
  3. represents a danger to the public or the financial system, (including conduct posing significant risk to public safety or the stability or confidence in the financial system even if the conduct does not involve a breach of a particular law).

The Discloser can still qualify for protection under the Whistleblower Laws even if their disclosure turns out to be incorrect.

Examples of Protected Matters

Examples of Protected Matters include:

  1. illegal conduct, such as theft, dealing in, or use of illicit drugs, violence or threatened violence and criminal damage against property;
  2. fraud, money laundering or misappropriation of funds;
  3. offering or accepting a bribe;
  4. failure to comply with, or breach of, legal or regulatory requirements; and
  5. engaging in or threatening to engage in detrimental conduct against a person who has made a disclosure or is believed or suspected to have made, or planning to make, a disclosure.

Work related grievance

The disclosure of information related to a personal work-related grievance is not generally protected by Whistleblower Laws. A personal work-related grievance relates to information where:

  1. the information concerns a grievance in relation to the Discloser’s employment or former employment which has implications for the Discloser personally; and
  2. the information does not have significant implications for BNSW that do not relate to the Discloser; and
  3. the information does not concern conduct or alleged conduct referred to in the three examples cited at sections (a) to (c) earlier above.

Examples of personal work-related grievances include interpersonal conflicts between the Discloser and other employees, decisions regarding engaging, transferring or promoting a Discloser and decisions to discipline a Discloser or suspend or terminate the engagement of a Discloser.

A disclosure about a personal work-related grievance may still qualify for protection if:

  1. it includes information about misconduct, or information about misconduct includes or is accompanied by a personal work-related grievance (e.g. a mixed report);
  2. the entity has breached employment or other laws punishable by imprisonment for a period of 12 months or more, engaged in conduct that represents a danger to the public, or the disclosure relates to information that suggests misconduct beyond the discloser’s personal circumstances;
  3. the Discloser suffers from or is threatened with detriment for making a disclosure; or
  4. the Discloser seeks legal advice or legal representation about the operation of the whistleblower protections under the Corporations Act.

Internal personal work-related grievances should be made under BNSW’s Grievance Policy.

5.2 Who May Make Disclosures Under the Corporations Act?

Each of the following persons are ‘Disclosers’, who may make a protected disclosure:

  1. BNSW employees and officers (including former employees or officers);
  2. suppliers of goods or services to BNSW;
  3. employees of suppliers of goods or services to BNSW;
  4. BNSW related bodies corporate (and their directors/secretaries); and
  5. relatives or dependents of any individual referred to in (a) to (d) above.

5.3 Anonymity

Subject to section 6.4 below, there is no requirement for a Discloser to identify themselves to be protected by Whistleblower Laws. That is, protected disclosures may be made anonymously. A person may choose to remain anonymous while making a disclosure, over the course of the investigation and after the investigation is finalised.

A Discloser may refuse to answer questions if they feel that the answer could reveal their identity at any time.

A person who wishes to make an anonymous disclosure may for example choose to:

  • use a pseudonym for the purposes of making disclosures; or
  • use an anonymous email account to communicate with one of the persons listed in section 5.4 below; or
  • send a disclosure by post (without including the sender’s details on the envelope or document).

Unless the circumstances outlined in section 6.4 of this Policy apply, if the Discloser wishes to remain anonymous, the individual/entity to whom they disclose the information must take reasonable steps to preserve the anonymity of the individual(s) named in the request.

5.4 Who Can a Protected Matter Under the Corporations Act Be Disclosed To?

Disclosure of information by a Discloser will qualify for protection under the Corporations Act requirements for whistleblowers if the disclosure is made to:

  1. Australian Securities & Investments Commission (ASIC) or Australian Prudential Regulation Authority (APRA) or any other Commonwealth body that is prescribed by the Corporations Act (which may include the Australian Taxation Office (ATO) with respect to taxation matters);
  2. a legal practitioner for the purposes of obtaining legal advice or representation in relation to the Corporations Act;
  3. an officer or senior manager of BNSW or its related bodies corporate;
  4. an auditor or member of an audit team conducting an audit on BNSW or its related bodies corporate;
  5. an actuary of BNSW or its related bodies corporate; and/or
  6. the Whistleblowing Officer.

A “senior manager” is a person who:

  • makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of BNSW; or
  • has the capacity to significantly affect BNSW’s financial standing.

5.5 Disclosures to Politicians and Journalists

A disclosure of a Protected Matter to a journalist or member of State or Federal Parliament will be protected under the Corporations Act only if it qualifies for the public interest requirements or emergency requirements outlined below.

Public interest disclosures

A disclosure of Protected Matters to a member of State or Federal Parliament or journalist will be protected under the Corporations Act if all of the following requirements are satisfied:

  1. the Discloser has previously made a disclosure of the information to ASIC, APRA or another Commonwealth body prescribed by the Corporations Act;
  2. at least 90 days have passed since the previous disclosure was made;
  3. the Discloser does not have reasonable grounds to believe that action is being or has been taken to address the previous disclosure;
  4. the Discloser has reasonable grounds to believe that making a further disclosure of the information to a member of State or Federal Parliament or journalist would be in the public interest;
  5. the Discloser has given the body to which the disclosure was originally made written notification that identifies the previous disclosure (with sufficient information) and states that the Discloser intends to make a public interest disclosure; and
  6. the extent of information disclosed is no greater than is necessary to inform the journalist or member of Parliament of the relevant misconduct or improper state of affairs.

Emergency disclosures

A disclosure of Protected Matters to a journalist or member of State or Federal Parliament will be protected under the Corporations Act if all of the following requirements are satisfied:

  1. the Discloser has previously made a disclosure of the information that qualifies for protection under the Corporations Act; and
  2. the Discloser has reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the natural environment; and
  3. the Discloser has given the body to which the disclosure was originally made written notification that identifies the previous disclosure (with sufficient information) and states that the Discloser intends to make an emergency disclosure; and
  4. the extent of information disclosed is no greater than is necessary to inform the journalist or member of Parliament of the substantial and imminent danger.

Taking care with emergency and public interest disclosure

It is important for a Discloser to understand the criteria for making a public interest or emergency disclosure.

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

5.6 Confidentiality

Where a disclosure is protected under the Corporations Act, persons are prohibited from disclosing the identity of a Discloser or disclosing information that is likely to lead to the identification of the Discloser unless the disclosure of the person’s identity is authorised under the applicable Whistleblower Law.

Persons may only disclose the identity of a Discloser with the Discloser’s consent or without consent to ASIC, APRA, the Australian Federal Police, a legal practitioner for the purposes of obtaining legal advice about the Whistleblower Laws or a Commonwealth authority or State or Territory authority, for the purposes of assisting the authority in the performance of its functions or duties.

A person may disclose the existence of the Protected Matters (without disclosing the identity of the Discloser) if it is necessary for the purpose of investigating those matters. However, they must take all reasonable steps to reduce the risk of disclosing the Discloser’s identity. These disclosures may include disclosures to:

  1. the President, the Chief Financial Officer, the Chief Executive Officer or the Chairman of the Audit, Risk & Compliance Committee;
  2. a People, Culture & Workplace Business Partner;
  3. external investigation agencies as is deemed appropriate; or
  4. a person who is the subject of a complaint to ensure that the person against whom allegations are made is given the opportunity to respond to any allegations.

Any breach of these confidentiality protections is illegal and attracts significant fines for both individuals and companies.

If a Discloser believes that the confidentiality obligations outlined in this section have not been complied with, the Discloser may lodge a complaint as follows:

Internal Complaints

Internal complaints can be made to the Whistleblowing Officer, the Chair of the Audit, Risk and Compliance Committee of BNSW or the Executive Director, People, Culture & Workplace of BNSW.

External Complaints

External complaints can be made to ASIC, APRA or the ATO for investigation.

5.7 Immunity for Disclosers

If a Discloser makes a disclosure protected by Whistleblower Laws, the Discloser cannot be subject to any civil or criminal liability for making the disclosure and cannot be subject to any contractual breach or other civil claim on the basis of the disclosure.

No administrative action (e.g. disciplinary action) can be taken against a person for making a disclosure protected by the Whistleblower Laws.

No contract of employment or contract for services can be terminated on the basis that a protected disclosure constitutes a breach of contract.

5.8 Victimisation Prohibited

Whistleblower Laws prohibit any person or company from:

  1. engaging in any conduct that causes detriment to any person because that person (or another person) made a disclosure, proposes to make or could make a disclosure about a Protected Matter pursuant to Whistleblower Laws; or
  2. making any threats to cause detriment to any person (whether express or implied threats) because that person (or another person) made a disclosure, proposes to make or could make a disclosure about a Protected Matter pursuant to Whistleblower Laws.

Examples of detrimental conduct

Examples of detrimental conduct include:

  • dismissing an employee;
  • injuring an employee in his or her employment;
  • altering an employee’s position or duties to his or her disadvantage;
  • discrimination between employees;
  • harassment or intimidation of a person;
  • harm or injury to a person, including psychological harm;
  • damage to a person’s property or reputation; and
  • damage to a person’s business or financial position.

Examples of conduct that is not detrimental in breach of the Whistleblower Laws include:

  • administrative action that is reasonable for the purpose of protecting a Discloser from detriment; and
  • managing a Discloser’s unsatisfactory work performance if the action is in line with the Company’s performance management framework.

Consequences for breach of these victimisation provisions

Where a person or company engages in breaches of these protections, significant fines apply and persons who are adversely affected may obtain compensation orders from a Court for any detriment caused.

Compensation and other remedies are also available to a Discloser if BNSW fails to take reasonable precautions and exercise due diligence to prevent detrimental conduct from occurring.

Persons who have their contracts terminated in contravention of these protections may also have their contracts reinstated by a Court.

If you believe that you have been subject to any prohibited detrimental conduct you may wish to seek legal advice about these matters.

6. Protected Disclosures Under the National Disability Insurance Scheme

Certain disclosures made in relation to BNSW’s activities under the NDIS Act will also attract protections.

6.1 Application to BNSW

The following BNSW entities are registered to deliver disability services under the NDIS Act, each as a ‘Registered NDIS Provider’:

  • Alliance Health Services Group Pty Ltd (trading as Alliance Community);
  • Heartbeat Nursing Agency Pty Ltd (trading as Alliance Community); and
  • Ability Plus Disability Services Pty Ltd (trading as Ability Plus).

This section 6 of the Policy therefore only applies to those parts of BNSW that provide services and supports to persons with disabilities as a Registered NDIS Provider under the NDIS.

6.2 Who May Make Disclosures Under the NDIS Act?

The NDIS Act provides protections for ‘Disclosers’ which includes the people in section 5.2 of this Policy as well as:

  • a person who is receiving NDIS supports or services from a Registered NDIS Provider; and
  • a nominee, family member, carer, independent advocate or significant other of that person.

6.3 Who Can a Protected Matter Be Disclosed To Under the NDIS Act?

Under the NDIS Act, a disclosure will be a ‘Protected Matter’ where an identified Discloser makes a disclosure in good faith to:

  • the National Disability Insurance Agency;
  • the Commissioner of the NDIS Quality and Safeguards Commission; or
  • a member of BNSW’s Key Personnel1, which includes the directors of NSW Business Chamber Ltd, Alliance Health Services Group Pty Ltd, Heartbeat Nursing Agency Pty Ltd, and Ability Plus Disability Services Pty Ltd,

and

  • the Discloser has reasonable grounds to suspect that the information disclosed indicates that a Registered NDIS Provider has breached the NDIS Act; and
  • the Discloser informs the person to whom the disclosure is made of their identity before making the disclosure.

1BNSW’s Key Personnel’ for the purpose of this section 6 of the Policy includes, but is not limited to, the following persons: the Chief Executive Officer and Chief Financial Officer of NSW Business Chamber Ltd, the Chief Executive Officer of Alliance Australia and the Executive General Manager of Community.

6.4 Confidentiality and Anonymity

For the avoidance of doubt, the confidentiality provisions under this Policy and the ability to make an anonymous disclosure do not apply under Chapter 4, Part 3A Division 7 of the NDIS Act. That is, the person making the disclosure must identify themselves to the person they make the disclosure to.

6.5 Immunity for Disclosers and Prohibition of Victimisation

However, the Discloser of a Protected Matter will obtain similar protections to those set out in sections 5.7 and 5.8, including that:

  • the Discloser cannot be subject to any civil or criminal liability for making the disclosure and cannot be subject to any contractual breach or other civil claim on the basis of the disclosure;
  • in the absence of malice on the part of the Discloser, the Discloser is not liable to action in defamation;
  • it is prohibited to engage in any conduct that causes detriment to any person because that person (or another person) made a disclosure about a Protected Matter; and
  • it is prohibited to make any threats to cause detriment to any person (whether express or implied threats) because that person (or another person) made a disclosure about a Protected Matter under the NDIS Act.

7. Protected Disclosures Under the Aged Care Act

Certain disclosures made in relation to BNSW’s activities under the Aged Care Act will also attract protections.

This section includes defined terms that apply to disclosures made under the Aged Care Act. These are in section 7.7 below. 

7.1 Application to BNSW

Section 7 of this Policy only applies to the part of BNSW’s business that provides, as a Registered Aged Care Provider, funded aged care services to persons under the Aged Care Act.

Within BNSW, Alliance Health Services Group Pty Ltd (trading as Alliance Community) is the only entity that is a Registered Aged Care Provider under the Aged Care Act. This section 7 of the Policy therefore only applies to that Registered Aged Care Provider’s funded aged care activities.

7.2 Who May Make Disclosures Under the Aged Care Act?

The Aged Care Act provides protections for ‘Disclosers’ which includes the people in section 5.2 of this Policy, as well as any other person, provided that individual:

  1. makes the disclosure in writing or orally (which may be anonymous); and
  2. has reasonable grounds to suspect that the information they have disclosed indicates that a Registered Aged Care Provider has contravened a provision of the Aged Care Act; and
  3. the disclosure is made to a person under section 7.3.

For example, provided they satisfy each of (a) to (c), ‘Disclosers’ may include clients of the Registered Aged Care Provider and/or their supporters, family members or advocates.

7.3 Who Can a Protected Matter Be Disclosed To Under the Aged Care Act?

Disclosure of information by a Discloser will qualify for protection if that disclosure satisfies section 7.2 (a) and (b) and is made to:

  1. the Aged Care Quality and Safety Commissioner or a member of the staff of the Commission;
  2. the System Governor (Secretary to the Department of Health, Disability and Ageing) or an official of the Department of Health, Disability and Ageing;
  3. a Registered Aged Care Provider;
  4. a Responsible Person2 of the Registered Aged Care Provider (which includes its directors);
  5. an Aged Care Worker of a Registered Aged Care Provider;
  6. a police officer; or
  7. an Independent Aged Care Advocate.

2For the purposes of a disclosure made under this section 7 of this Policy, ‘Responsible Persons’ includes, but is not limited to, the following persons: the Chief Executive Officer and Chief Financial Officer of NSW Business Chamber Ltd; the Chief Executive Officer of Alliance Australia; the Chief Commercial Officer of Alliance Australia; and the Executive General Manager of Alliance Community. See section 7.7 of this Policy for the full definition of ‘Responsible Persons’.

7.4 Confidentiality and Anonymity

Similarly to the confidentiality protections under section 5.6 of this Policy, where a disclosure is protected under the Aged Care Act, the law prohibits persons receiving a disclosure from disclosing the identity of a Discloser or disclosing information that is likely to lead to the identification of the Discloser where the identification is not authorised under the Aged Care Act.

The recipient of a disclosure (including Aged Care Workers or Responsible Persons), may only disclose the identity of a Discloser or information that is likely to lead to the identification of the Discloser with the Discloser’s consent, or without consent, to any of the following:

  1. the Aged Care Quality and Safety Commissioner, the Complaints Commissioner of the Aged Care Quality and Safety Commission or a member of the staff of the Commission;
  2. the System Governor (Secretary to the Department of Health, Disability and Ageing), or an official of the Department of Health, Disability and Ageing;
  3. the Inspector‑General of Aged Care;
  4. a police officer;
  5. a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of Part 5 of the Aged Care Act;
  6. a Court, Tribunal or Royal Commission (within the meaning of the Royal Commissions Act 1902 (Cth));
  7. where the disclosure is necessary to lessen or prevent a serious threat to the safety, health or wellbeing of one or more individuals;
  8. where the Discloser elects to have the Disclosure managed or dealt with as a complaint or feedback under the Aged Care Act, rather than a Protected Matter; or
  9. if both of the following apply:
    1. the confidential information is in the public domain before the disclosure is made; and
    2. the original disclosure of the confidential information into the public domain (before the disclosure is made) was not in contravention of the requirement to ensure the confidentiality of the identity of the Discloser or to ensure that information that is likely to lead to disclosure of the identification of the Discloser.

A person (including Aged Care Workers or Responsible Persons) may disclose the existence of the Protected Matters (without disclosing the identity of the Discloser) if it is necessary for the purpose of dealing with the matters. However, they must take all reasonable steps to reduce the risk of disclosing the Discloser’s identity.

7.5 Immunity for Disclosers and Prohibition of Victimisation

The Discloser of a Protected Matter will obtain similar protections to those set out in sections 5.7 and 5.8, including that:

  • the Discloser cannot be subject to any civil or criminal liability for making the disclosure and cannot be subject to any contractual breach or other civil claim on the basis of the disclosure;
  • in the absence of malice on the part of the Discloser, the Discloser is not liable to action in defamation;
  • it is prohibited to engage in any conduct that causes detriment to any person because that person (or another person) made a disclosure about a Protected Matter; and
  • it is prohibited to make any threats to cause detriment to any person (whether express or implied threats) because that person (or another person) made a disclosure about a Protected Matter under the Aged Care Act.

There are legal consequences if the person who has received the disclosures does not comply with the confidentiality requirements of the Aged Care Act, or causes or threatens to cause a detriment to a Discloser, because of their disclosure.

7.6 Registered Aged Care Providers’ Obligations in Relation to Disclosers

Alliance Health Services Group Pty Ltd, as a Registered Aged Care Provider, must ensure, as far as reasonably practicable, that where the Discloser is an Aged Care Worker or Responsible Person, that the Discloser complies with the obligations:

  • to preserve the anonymity of Disclosers;
  • to maintain the confidentiality of the identity of Disclosers (unless the disclosure is otherwise authorised under the Aged Care Act); and
  • that prohibit victimisation.

7.7 Defined Terms Relevant to Disclosure of Protected Matters Under the Aged Care Act

Aged Care Worker is a person who has been employed or otherwise engaged by a Registered Aged Care Provider to deliver funded aged care services. This includes volunteers, independent contractors, and people employed or otherwise engaged by an Associated Provider.

Associated Provider means an entity that engages in conduct under an agreement with a Registered Aged Care Provider relating to the Registered Aged Care Provider’s delivery of funded aged care services. For example, Alliance Health Care Services Group Pty Ltd may engage other third party providers to deliver some or all funded aged care services to its clients.

Independent Aged Care Advocate means a person who:

  1. is independent of the System Governor (Secretary of the Department of Health, Disability and Ageing), the Aged Care Quality and Safety Commission and any Registered Aged Care Providers (including Alliance Health Services Group Pty Ltd);
  2. is employed or otherwise engaged by a person or body that receives financial assistance from the Commonwealth for the purposes of providing free, independent and confidential information, advocacy and education to individuals accessing, or seeking to access, funded aged care services;
  3. provides either or both to people accessing or seeking to access funded aged care services:
    1. free, independent and confidential support, information and advocacy;
    2. education about the rights of individuals under the Statement of Rights; and
  4. if providing the above services, in relation to a person, acts at the direction of the person, reflecting the person’s expressed wishes, will, preferences, interests and rights.

Registered Aged Care Provider means an entity that is registered as a registered provider under the Aged Care Act. For the purpose of this Policy and in relation to BNSW, Alliance Health Services Group Pty Ltd is a registered aged care provider under the Aged Care Act.

Responsible Person means a person who:

  1. is responsible for the executive decisions of the Registered Aged Care Provider. A person who is responsible for the executive decisions of a Registered Aged Care Provider includes a member of its board;
  2. any person who has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of the Registered Aged Care Provider;
  3. for any Registered Aged Care Provider, if the Registered Aged Care Provider delivers, or proposes to deliver, a funded aged care service:
    1. any person who has responsibility for overall management of the nursing services delivered by the Registered Aged Care Provider, and who is a registered nurse; and
    2. any person who is responsible for the day-to-day operations of a service delivery branch of the Registered Aged Care Provider.

8. How to Make a Disclosure

Without limiting the rights of Disclosers under this Policy and the Whistleblower Laws, Disclosers are encouraged to disclose Protected Matters as follows:

FOR DISCLOSURES REGARDING PROTECTED MATTERS UNDER THE CORPORATIONS ACT:

  1. Submitting a complaint or report (during or outside business hours) to the Whistleblowing Officer whose contact details are:

Chris Burubu

A: Level 7, 8 Chifley Square, Sydney NSW 2000

E: chris.burubu@businessnsw.com

M: +61 402 083 043

OR

  1. If a Discloser has a concern with Step 1 (for example the Discloser reasonably believes that the Whistleblower Officer is involved in the Protected Matters or the Discloser does not feel comfortable reporting it to the Whistleblowing Officer for any other reason), disclosing the Protected Matters to any other person identified in section 5.4 of this Policy.

FOR DISCLOSURES REGARDING PROTECTED MATTERS UNDER THE NDIS ACT OR THE AGED CARE ACT:

  1. Submitting a complaint or report (during or outside business hours) to the Chief Executive Officer, Alliance Australia whose contact details are:

James Munro Ford

A: Level 7, 8 Chifley Square, Sydney NSW 2000

E: James.MunroFord@allianceaustralia.com.au

OR

  1. If a Discloser has a concern with Step 1 (for example the Discloser reasonably believes that this person is involved in the Protected Matters or the Discloser does not feel comfortable reporting to this person for any other reason), disclosing the Protected Matters to any other person identified in sections 6.3 (if the disclosure is under the NDIS Act) or 7.3 (if the disclosure is under the Aged Care Act).

9. Investigating Protected Matters

Protected Matters will generally be referred to BNSW’s Whistleblowing Officer for investigation to determine whether misconduct, a breach of a relevant law or some other improper state of affairs exists. When referring Protected Matters to the Whistleblowing Officer, the original recipient of the Protected Matter must ensure compliance with all applicable confidentiality and anonymity obligations as set out in this Policy.

The Whistleblowing Officer will investigate the relevant matters in a manner compliant with the confidentiality obligations outlined in sections 5.6 and 7.4 of this Policy.

The Whistleblowing Officer may alternatively:

  • appoint an appropriately qualified and impartial person or entity to investigate the relevant matters;
  • if appropriate, form a committee comprising the Whistleblowing Officer, Chief Executive Officer and the Executive Director, People, Culture & Workplace to oversee the investigation; or
  • refer Protected Matters directly to the relevant external body or authority, for example ASIC, APRA, the Australian Federal Police, the NDIS Commission or the Aged Care Quality and Safety Commission.

Whilst every investigation process will differ according to the relevant circumstances, the Whistleblowing Officer will ordinarily ensure that appropriate enquiries are made to determine whether:

  1. the disclosure qualifies for protection;
  2. the allegations are substantiated; and
  3. responsive action needs to be taken in order to address any established or suspected misconduct or other improper state of affairs.

Investigations will focus on the substance of the disclosure rather than the motive of the Discloser.

The timeframe for conducting investigations will differ depending on the complexity of a disclosure. However, all disclosures will be investigated as promptly as is reasonably practicable.

The Discloser will be provided with regular updates, assuming the Discloser can be contacted (because they have disclosed their identity or contact information). The frequency and timeframe of updates may vary depending on the nature of the disclosure.

Key updates will ordinarily include (but are not necessarily limited to):

  • that the disclosure has been received;
  • when the investigation process has begun; and
  • when the investigation process has concluded.

The outcome of, and any recommendations arising from, an investigation will be recorded in a report and stored securely and confidentially.

10. Supporting Whistleblowers

BNSW will support Disclosers making disclosures about Protected Matters and put in place procedures to promote fair treatment of Disclosers and protect them from detriment. This will be achieved by:

  • handling disclosures confidentially, permitted by law and where practical and appropriate in the circumstances;
  • ensuring each disclosure is assessed and is the subject of an assessment and investigation (if the disclosure qualifies as a Protected Matter);
  • ensuring secure record keeping processes that restrict information to disclosures about Protected Matters to those persons who may receive such information under this Policy;
  • ensuring the Discloser’s personal information is redacted and where possible, ensuring the Discloser is referred to in a gender-neutral context, unless the Discloser consents to having their identity disclosed;
  • providing access to EAP counselling services to all Disclosers. These services may be accessed by contacting Telus Health on 1300 361 008;
  • investigating all complaints in accordance with the procedures outlined in this Policy;
  • implementing investigation processes which are procedurally fair to both Disclosers and respondents to allegations;
  • in circumstances where a Discloser consents, having an appropriate senior manager or Human Resources Business Partner monitor the Discloser’s treatment in the workplace for relevant periods to ensure no victimisation takes place;
  • where practicable, allowing the Discloser to perform their duties from another location, reassigning the Discloser to another role at the same level or making other modifications to the Discloser’s workplace or the way they perform their duties to assist in protecting the Discloser from detrimental acts;
  • ensuring all Disclosers are aware of the process for lodging complaints if they believe their identity has been improperly disclosed or if they believe that they have been subject to victimisation in breach of this Policy;
  • conducting periodic training on the Whistleblower Laws and this Policy;
  • communicating this Policy to BNSW employees and officers; and
  • taking appropriate disciplinary action against any employees or contractors that breach the victimisation or confidentiality provisions of the Whistleblower Laws.

11. Access to This Policy

This Policy will be made available to all BNSW employees and officers by the following means:

  • publication on the BNSW intranet and FlareHR.
  • On implementation, the Policy will be communicated to all employees and officers by way of email.
  • The Policy will otherwise be disclosed to employees on commencement of employment.

To ensure persons outside BNSW can access the Policy, BNSW will publish the Policy on relevant BNSW websites, and provide information on how external persons may make a disclosure.

12. Responsibility

The Legal Function has responsibility for this Policy.

13. Breaches of This Policy

All employees and contractors of BNSW are required to comply with this Policy at all times as well as with the Whistleblower Laws.

Non-compliance with this Policy or Whistleblower Laws may result in disciplinary action up to and including termination of employment or termination of a contractor’s services.

14. Periodic Review

The Policy will be reviewed annually for the purposes of maintaining relevance and accuracy of its contents.

Any required variations following periodic review will be made by the Document Owner in accordance with section 15.

15. Variations

This Policy may be varied, amended, replaced or terminated from time to time and at any time at the absolute discretion of BNSW.

Accessible