Whistleblower Policy

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Policy statement

Canteen is committed to establishing robust and transparent processes for the reporting, investigation and finalisation of Disclosable Matters. Canteen will ensure that those persons who make a report shall do so without fear of disadvantage or reprisal.

Scope

This Whistleblower Policy applies to current and former employees, directors, officers / former officers, contractors (and their employees), volunteers, consultants, employees of individuals who supply goods & services (paid or unpaid), relatives or dependents of all the above.

The Whistleblower Policy does not apply to service user complaints about Canteen, its staff or volunteers. To give feedback or make a complaint visit: https://www.canteen.org.au/policies/complaints-and-feedback

 

1. Purpose

The objectives of the Whistleblower Policy (the ‘Policy’) are to:

  • Encourage disclosures of wrongdoing associated with Canteen services
  • Support and uphold Canteen’s values
  • Ensure that disclosures under this Policy are dealt with confidentially, timely and appropriately
  • Help deter wrongdoing, in line with Canteen’s Risk Management, Child Safeguarding, Compliance and Reportable Conduct policies.
  • Ensure individuals who disclose wrongdoing can do so safely, confidentially and with confidence that they will be protected and supported; and
  • Provide transparency around Canteen’s framework for receiving, handling and investigating disclosures of Disclosable Matters.

 

2. Definitions

Disclosable Matter: Behaviour which:

  • Is dishonest, fraudulent or corrupt activity, including bribery or other similarly related behaviour
  • Is illegal activity (such as theft, drug sale or use, violence, intimidation, criminal damage to property or other breaches of state or federal law)
  • Is unethical or in breach of Canteen’s policies (such as dishonestly altering company records or data, adopting questionable accounting and financial practices or willfully breaching other policies or procedures)
  • Is potentially damaging to Canteen, a Canteen employee or a third party, such as unsafe work practices, environmental damage, health risks or abuse of Canteen property or resources
  • Amounts to an abuse of authority
  • May cause financial loss to Canteen or damage its reputation or be otherwise detrimental to Canteen ‘s interests
  • Involves harassment, discrimination, victimisation or bullying; or
  • Involves any other kind of serious impropriety.

Whistleblower: A person who reports or informs about a disclosable matter within Canteen.

 

3. Policy

3.1 Statement of Commitment

Canteen’s Board and senior management encourages the reporting of any instances of suspected unethical, illegal, fraudulent or undesirable conduct involving Canteen’s services, and will ensure that those persons who make a report shall do so without fear of disadvantage or reprisal.

 

3.2 Roles & Responsibilities

The specific responsibilities for each key stakeholder group are:

3.2.1 Board

Canteen’s Board has ultimate responsibility for approving Canteen's Whistleblower policy and is responsible for ensuring that there are adequate resources allocated to Canteen’s whistleblowing framework.

 

3.2.2 Finance, Risk & Compliance Committee

Canteen’s Finance, Risk & Compliance Committee is responsible for:

  • Receiving reports about the Whistleblower Program; and
  • Reviewing the Policy (every 2 years or earlier if required) and recommending it for approval by Canteen’s Board.

 

3.2.3 Chief Executive Officer

The Chief Executive Officer is responsible for:

  • Establishing a culture where people are free to raise their concerns about the conduct of Canteen
  • Reviewing the Policy bi-annually to ensure it continues to reflect practices and is consistent with industry standards and regulatory guidance; and
  • Ensuring that, where required, investigations are performed in accordance with the standards and best practice.

 

3.2.4 Whistleblower Protection Officer

Canteen will appoint an appropriately qualified and experienced Whistleblower Protection Officer, the General Manager - People & Culture or delegate. The Whistleblower Protection Officer has direct and appropriate access to independent financial and legal advisers as required.

The Whistleblower Protection Officer is responsible for:

  • Maintaining and protecting the strictest confidentiality of the Whistleblower; and
  • Safeguarding the interests of the Whistleblower.

 

3.2.5 Whistleblower Investigation Officer

The Whistleblower Investigation Officer will be the Manager – People & Culture, and investigates disclosures of alleged Disclosable Matters to determine whether there is evidence to support the matters raised, or alternatively, to refute a report that has been made.

The Whistleblower Investigation Officer should also perform ongoing training to ensure that they are aware of up-to-date requirements relating to whistleblower emerging trends and issues.

 

3.2.6 Canteen Staff

It is expected that staff members at Canteen who become aware of known, suspected, or potential cases of a Disclosable Matter will make a report under this Policy.

Staff members are also expected to complete the relevant training at induction and at regular intervals of 2 years.

 

3.3. What is Disclosable Matter?

ou may make a report under this Policy if you believe that a director, officer, employee, volunteer, contractor, supplier, tenderer or other person who has dealings with Canteen has engaged in behaviour which:

  • Is dishonest, fraudulent or corrupt activity, including bribery or other similarly related behaviour
  • Is illegal activity (such as theft, drug sale or use, violence, intimidation, criminal damage to property or other breaches of state or federal law)
  • Is unethical or in breach of Canteen’s policies (such as dishonestly altering company records or data, adopting questionable accounting and financial practices or willfully breaching other policies or procedures)
  • Is potentially damaging to Canteen, a Canteen employee or a third party, such as unsafe work practices, environmental damage, health risks or abuse of Canteen property or resources
  • Amounts to an abuse of authority
  • May cause financial loss to Canteen or damage its reputation or be otherwise detrimental to Canteen‘s interests
  • Involves harassment, discrimination, victimisation or bullying; or
  • Involves any other kind of serious impropriety.

Disclosable Matters generally do not include personal work-related grievances.1

Reports must be based on reasonable grounds that the information disclosed is true. Canteen commits that there will not be negative consequences if the information turns out to be incorrect and protection can still be provided. However, you must not make a report that you know is not true or is misleading. Making a false report is a serious matter and may result in serious disciplinary action.


1Personal work-related grievances are not generally considered to be Disclosable Matters. Any personal work-related grievances should be raised directly with an individual’s People Manager. Personal work-related grievances are matters in relation to a person’s employment with Canteen that have implications for employees (i.e. matters solely related to an individual’s personal employment). Examples of personal work-related grievances include: a conflict between you and another employee, a decision relating to your promotion or transfer; or a decision relating to the termination of your employment. In some limited instances, a personal work- related grievance can be covered by this Policy. This may include where the grievance arises from knowledge of unethical, illegal or fraudulent conduct, Canteen 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, the discloser suffers or is threatened with detriment for making a disclosure seeks legal advice about the operation Whistleblower protection under the Corporations Act (2001).


 

3.4 Who can report Disclosable Matters?

Eligible Whistleblowers include:

  • Current and former directors
  • Current and former officers and employees who are permanent, part- time, fixed term or temporary, interns, secondees and managers
  • An associate of Canteen; and
  • Current and former service providers including auditors, accountants, brokers and consultants and suppliers to Canteen and their current and former employees.

Family members or a dependent of an individual listed above can also be deemed a Whistleblower under this Policy. They will be provided with the same rights and protections under this Policy.

People that fall into one of the following categories may not be covered under the whistleblower protections:

  • Employees that are experiencing employment disputes or a personal work grievance
  • Competitors; and
  • service users.

 

3.5. How to make a report

3.5.1 What information needs to be included in a report

Sufficient information needs to be maintained to form a reasonable basis for an investigation. It is important that as much information as possible is provided in the report. This includes but is not limited to the following information:

  • A description of the events that alleged to have transpired
  • The name of the individual(s) involved
  • Date and time of the event
  • Location
  • Evidence of the events (e.g., emails, letters and any other relevant documentation); and
  • Any possible witnesses to the event.

The Whistleblower Investigation Officer may request further information should there not be sufficient detail regarding the event. Without additional information, the Whistleblower Investigation Officer may not be able to carry out their investigation. In this case, the event will be closed, and the discloser will be informed.

 

3.5.2 How to report a concern

A Disclosable Matter can be reported internally or externally.

Canteen encourages that disclosures be made internally to Canteen in the first instance. If disclosable matters are of a criminal nature, the relevant authorities must be immediately notified and their instructions around security of documentation, equipment and/or safety must be followed.

 

3.5.3 Internal Reports

Should you wish to make an internal report, you can do so by contacting the following individuals:

  • Whistleblower Protection Officer,
  • Canteen Chairperson; and
  • Chief Executive Officer.

Where a matter involves the conduct of the Chief Executive Officer, the matter should be reported to the Chairperson.

A report can be made to the following people in writing or verbally:

 

  • Canteen Chairperson - Madeleine Way
    Email: c/o [email protected]
     
  • Chief Executive Officer - Peter Orchard 
    Phone: 0422 415 438
    Email: [email protected]
     
  • Whistleblower Protection Officer & ED-People & Culture - Current: Vanessa Rider
    Phone: 0435 644 741
    Email: [email protected]

 

A report can also be made anonymously by addressing a letter to either the Canteen Chairperson, the Chief Executive Officer or the Whistleblower Protection Officer at:

75 King St, Newtown, NSW, 2042

Canteen’s external auditor may also receive a report. The external auditor can be contacted at:

TBC

Disclosures can be made anonymously and can be made outside business hours.

 

3.5.4 External Reports

A report made to an external party will be passed to Canteen’s Whistleblower Investigation Team who will receipt the report and investigate the matter.

If a Discloser would prefer, they can make a report to Canteen’s Board of Directors. The Chair can be contacted at [email protected]

 

3.6. Making a disclosure anonymously

A report may be submitted anonymously if you do not wish to disclose your identity. To ensure your anonymity, Canteen will communicate with you through an anonymised email address or phone line, and you may wish to adopt a pseudonym. You will also be granted the same level of protection should you disclose your identity.

However, you are encouraged to provide your name because it will make it easier for Canteen to address your disclosure. For example, the context in which you may have observed the alleged Disclosable Matters is likely to be useful information. Canteen may seek more information to assist an investigation. If you do not provide your name, the investigation will be conducted as best as possible.

Please be aware that an investigation may not be possible unless enough information is provided. It may make it difficult to offer you the same level of practical support if we do not know your identity.

 

3.7. Investigating Disclosable Matters

Canteen will investigate all disclosures reported under this Policy in an efficient and effective manner.

Canteen is committed to investigating all reports fairly, objectively, and confidentially.

All reports of alleged Disclosable Matters are subject to a thorough investigation by the Whistleblower Investigation Officer. The objective of each investigation is to substantiate or refute the claims made by the Whistleblower.

All investigations are to be carried out by the Whistleblower Investigation Officer. Canteen may consider whether to engage outside investigators at arm’s length from Canteen, particularly where the allegations are serious. Further, an external consultant may be engaged to perform an investigation if it is deemed that a specific set of skills are required to properly conduct the investigation.

Following receipt of a report, Canteen will ensure that:

  • Receipt of a Disclosable Matter is confirmed by the Whistleblower Investigation Officer (if it is not made anonymously)
  • The alleged Disclosable Matter is thoroughly investigated in a timely way by the Whistleblower Investigation Officer.
  • The Whistleblower is kept appropriately informed of the progress of action and the outcome taken in respect of the alleged Disclosable Matter they reported; and
  • Appropriate disciplinary action is taken in accordance with the Canteen Performance Management Policy if the alleged Disclosable Matter is substantiated.

The Whistleblower Investigation Officer will aim to investigate a report within 90 calendar days of receipt of a report. However, this is dependent on the nature of the Disclosable Matter and the type and amount of information provided. If the matter will take longer than three months, the person who made a report will be updated of the revised timeline.

In the event that there is sufficient information to uphold a report, the Whistleblower Investigation Officer will advise the person who made the report.

The Whistleblower Investigation Officer will submit their recommendations to Canteen’s Board. The Board will consider whether changes should be made to existing processes and systems to prevent the Disclosable Matter from happening again.

If a person has been identified as having engaged in serious misconduct, they will be treated in accordance with Canteen’s disciplinary processes, including possible termination of employment at Canteen.

Serious matters will be reported to the Police or any regulators as required.

 

3.8. Public Interest and Emergency Disclosures

A person can make a disclosure to a journalist or parliamentarian under certain circumstances and still be eligible for protection.

Appendix A provides clarification under which circumstances a disclosure can be made to a journalist and/or a parliamentarian.

 

3.9. Protection of Whistleblowers

3.9.1 Protection

Canteen is committed to ensuring confidentiality in respect of all matters raised under this Policy, and that those who make a report in good faith are treated fairly and do not suffer any disadvantage.

Canteen has zero tolerance for any form of reprisals. Reprisals are defined as adverse actions taken by an associate of Canteen against a person because of a report or disclosure made in accordance with this Policy. This includes actions such as:

  • Dismissal or suspension
  • Being looked over for promotions and career advancements
  • Harassment, bullying or intimidation
  • Current and future discrimination or bias
  • Disciplinary action for making a report
  • Damage to a person’s reputation
  • Damage to a person’s property or their business and financial affairs; or
  • Threatening to carry out any of the above actions.

Retaliation against anyone who makes a report under this Policy will be subject to disciplinary procedures, which may include termination of employment. People are reminded that victimisation of Whistleblowers can constitute a criminal offence.

 

3.9.2 Qualifying for protection under the Corporations Act (2001)

Protection is provided to a person under the Corporations Act (2001) if they:

  • Are a person identified in section 3.4 of this Policy; and
  • Have reasonable grounds to suspect that information they are reporting concerns misconduct at Canteen; and
  • Make the report to one of the following:
    • A person that has been identified as receiving reports under this Policy such as the Whistleblower Protection Officer or the Whistleblower Investigation Officer
    • A Canteen Executive Leadership Team member
    • Australian Securities & Investments Commissions (ASIC)
    • Australian Prudential Regulation Authority (APRA)
    • Canteen’s Auditor or a member of the audit team; or
    • A legal practitioner for the purpose of obtaining legal advice or representation in relation to the protections provided under the Corporations Act (2001).

The law also protects certain disclosures made in an “emergency” and “public interest” situations. Please contact a legal practitioner if you would like more information about emergency and public interest disclosures.

Should you meet the requirements above, the following protections are provided:

  • The right to have your identity protected in accordance with the Corporations Act (2001)
  • Canteen will need to take reasonable steps to prevent the individual from being identified as part of any process performed under this Policy
  • The right to be protected from any civil, criminal or administrative liability from making a disclosure; from contractual or other remedies on the basis of the disclosure; and from admissibility of the information provided in evidence against the person in each case
  • Protection from detrimental treatment or any form of victimisation
  • The right to be compensated and other remedies; and
  • The right not to be required to disclose their entity before any legal proceedings.

 

3.9.3 Confidentiality

A person cannot disclose the identity of a discloser or information that is likely to lead to the identification of the discloser (which they have obtained directly or indirectly because the discloser made a disclosure that qualifies for protection). Any such action is considered illegal.

The exception to the above paragraph is if a person discloses the identity of the discloser:

  • To ASIC, APRA, or a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979)
  • To a legal practitioner (for the purposes of obtaining legal advice or legal representation about the whistleblower provisions in the Corporations Act (2001))
  • To a person or body prescribed by regulations; or
  • With the consent of the discloser.

It should be noted that a person can disclose the information contained in a disclosure with or without the discloser’s consent if:

  • The information does not include the discloser’s identity
  • Canteen has taken all reasonable steps to reduce the risk that the discloser will be identified from the information; and
  • It is reasonably necessary for investigating the issues raised in the disclosure.

Canteen has implemented a range of measures to ensure that the confidentiality of disclosers is protected. For example, disclosers will be referred to in gender neutral terms, all personal information or reference to the discloser witnessing an event will be redacted and only qualified staff will handle information.

You can lodge a complaint with Canteen about a breach of your confidentiality by contacting the Chief Executive Officer in the first instance. If you would like your case to be further considered, you can also lodge a complaint with ASIC, APRA or the Australian Taxation Office for further investigation.

 

3.9.4 Fairness

A Canteen employee or contractor subjected to detrimental treatment after making a report in good faith under this Policy should inform a senior executive immediately. A Canteen senior executive can seek external legal advice on how to address any concerns.

Detrimental treatment includes dismissal, demotion, harassment, discrimination, disciplinary action, bias, threats or other unfavorable treatment connected with making a report. Individuals will be protected from detrimental behaviour through the provision of support services, strategies to help a discloser minimise and manage stress and provided with assistance to make a complaint.

Also, an individual subject an investigation will be provided with the opportunity to explain their case and given procedural fairness and natural justice.

 

3.10. Reporting Procedures

Whistleblower incidents will be reported at the next Finance, Risk & Compliance Committee meeting, to ensure appropriate visibility of the matters and expedite resolution.

These reports will be made on a ‘no names’ basis, maintaining the confidentiality and privacy of matters raised under this Policy.

All records will be maintained securely, only accessible to a restricted number of people and relevant parties will be reminded of their confidentiality obligations. It is important that individuals are aware there are significant criminal implications of revealing the identity of a Whistleblower.

 

3.11. Tax Matters

The Tax Administration Act 1953 (Cth) provides protection for disclosures of information that indicates misconduct in relation to Canteen’s or any of its associated entities’ tax arrangements.

Protection is provided for disclosures made to the Taxation Commissioner or any person or agency specified in this Policy. The protections available to a person that makes a protected disclosure under the Tax Administration Act 1953 (Cth) are the same as those outlined previously.

 

3.12. Applying This Policy

Canteen dedicates adequate and appropriate resources to its Whistleblower Program. This Policy will be made available to staff by:

  • Holding staff briefing sessions
  • Posting the Policy on the Canteen intranet; and
  • Incorporating the Policy in employee induction information packs and training for new starters.

Staff members will receive upfront Whistleblower training on this Policy and refresher training will be provided every 2 years. Further, specialist training is provided to specific officers who have defined responsibilities under this Policy.

This Policy is available on Canteen ‘s intranet for review by related external parties.

Any updates to this Policy will be communicated to staff members in a timely manner.

 

3.13. Policy Review

This Policy cannot be amended without approval from the Board.

It will be reviewed bi-annually or when there is a change to legislation to ensure that it remains effective and meets best practice standards and the needs of Canteen.

 

4. Relevant Documents

External legislation and standards

  • Corporations Act 2001 (Cth)
  • Australian Securities and Investments Commission Act 2001 (Cth) – Regulatory Guide 270 Whistleblowing
  • Taxation Administration Act 1953 (Cth)
  • Fair Work Act 2009 (Cth)

Internal policies, procedures and supporting documents

  • Compliance Policy
  • Child Safeguarding Policy
  • Reportable Conduct Policy
  • Risk Policy

 

5. Glossary

Abbreviation/Term: Disclosable Matter

Definitions/Description: 

Behaviour which:

  • Is dishonest, fraudulent or corrupt activity, including bribery or other similarly related behaviour
  • Is illegal activity (such as theft, drug sale or use, violence, intimidation, criminal damage to property or other breaches of state or federal law)
  • Is unethical or in breach of Canteen’s policies (such as dishonestly altering company records or data, adopting questionable accounting and financial practices or willfully breaching other policies or procedures)
  • Is potentially damaging to Canteen, a Canteen employee or a third party, such as unsafe work practices, environmental damage, health risks or abuse of Canteen property or resources
  • Amounts to an abuse of authority
  • May cause financial loss to Canteen or damage its reputation or be otherwise detrimental to Canteen’s interests
  • Involves harassment, discrimination, victimisation or bullying; or
  • Involves any other kind of serious impropriety.

Abbreviation/Term: Whistleblower

Definitions/Description: 

A person who reports or informs regarding unlawful, illegal or immoral activity within Canteen.

 

6. Appendix (if applicable)

A. Public Interest Disclosure

A ‘public interest disclosure’ is the disclosure of information to a journalist or a parliamentarian, where:

  • At least 90 days passed since you made the disclosure to the Australian Securities & Investments Commission, Australian Prudential Regulation Authority or another Commonwealth body prescribed by regulation
  • You do not have reasonable grounds to believe that action is being, or has been taken, in relation to their disclosure
  • You have reasonable grounds to believe that making a further disclosure of the information is in the public interest; and
  • Before making the public interest disclosure, you have given written notice to the body to which the previous disclosure was made that:
  • Includes sufficient information to identify the previous disclosure; and
  • States that you intend to make a public interest disclosure.

 

B. Public Interest Disclosure

An ‘emergency disclosure’ is the disclosure of information to a journalist or parliamentarian, where:

  • You have previously made a disclosure of the information to Australian Securities & Investments Commission, Australian Prudential Regulation Authority or another Commonwealth body prescribed by regulation
  • You have 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
  • Before making the emergency disclosure, you have given written notice to the body to which the previous disclosure was made) that:
  • Includes sufficient information to identify the previous disclosure; and
  • States that the discloser intends to make an emergency disclosure.

The extent of the information disclosed in the emergency disclosure is no greater than is necessary to inform the journalist or parliamentarian of the substantial and imminent danger.

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

 

7. Document history

Version: 1

Reason: Initial document

Date: 27/04/2022

 

8. Endorsement

Canteen Policy: Whistleblower Policy

Effective date: 17/10/2022

Review date: 17/10/2024

Lead author/owner: Keren McKenna

Authorised by: Peter Orchard

 

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