Whistleblower Policy
POLICY INTRODUCTION
The Crusader Union of Australia (“CRU”) is committed to providing a safe, enjoyable and productive work environment where resources are stewarded appropriately and where individuals are encouraged to speak up and report serious wrongdoing.
POLICY STATEMENT
Policy Scope and Purpose
This policy applies to all employees, directors, volunteers, and contractors engaged by CRU, as well as any other person who has knowledge of any suspected wrongdoing or unethical behaviour concerning CRU’s business affairs or its Workers.
The purpose of this policy is to provide guidance and protection to eligible Whistleblowers who make a qualifying disclosure by establishing mechanisms by which matters can be raised confidentially and investigated without fear of reprisal, repercussion, victimisation or other detriment.
Definitions
The following definitions apply for the purposes of this policy:
Detriment includes (without limitation) any actual or threatened:
i. dismissal of an employee;
ii. injury of an employee in his or her employment;
iii. alteration of an employee’s position or duties to his or her disadvantage;
iv. discrimination between an employee and other employees of the same employer;
v. harassment or intimidation of a person;
vi. harm or injury to a person, including psychological harm;
vii. damage to a person’s property;
viii. damage to a person’s reputation;
ix. damage to a person’s business or financial position;
x. any other damage to a person.
Whistleblower means a person who makes a report of a Disclosable Matter under this policy. An eligible whistleblower includes current or former employees, Board members, contractors and suppliers (and their employees) who provide goods and services (paid or unpaid), associates of CRU (i.e. current or former Director, Secretary or Member), and the relatives or dependents of any of these individuals, as defined in the Corporations Act. For the remainder of this policy, unless noted, “Whistleblower” is referring to an “eligible whistleblower”.
Worker means any employee, director, volunteer or contractor engaged by CRU.
A Disclosable Matter means information that the Whistleblower has reasonable grounds to suspect that the information relates to CRU and concerns conduct that amounts to:
i. Misconduct (as defined in the Corporations Act, which includes fraud, negligence, default, breach of trust or duty).
ii. An improper state of affairs or circumstances (undefined in the Corporations Act). This could, for example, include serious malpractice or governance failures.
iii. An offence against the Corporations Act (including specified financial services legislation named in the Act), OR illegal activity punishable by imprisonment of 12 months or longer.
A Qualifying Disclosure is when an eligible whistleblower notifies a relevant person (an eligible recipient), having reasonable grounds to suspect that the information concerns a Disclosable Matter.
Only disclosures that meet the legal threshold of “misconduct” or an “improper state of affairs or circumstances” (as set out in the Corporations Act whistleblower provisions) qualify for statutory whistleblower protections. A discloser can still qualify for protections under this policy if they have reasonable grounds to suspect a Disclosable Matter has occurred.
Disclosures about child-related Reportable Conduct (as defined by Child Safeguarding legislation) will be addressed under the Child Protection Policy, in addition to this policy, where the disclosure is also a qualifying disclosure.
Other concerns that relate to workplace grievances or staff conduct issues may be managed under the Grievance and Conflict Resolution Policy, or other CRU Policies, unless they meet the threshold for protection under this policy.
Non-Qualifying Disclosures and Non-Disclosable Matter: CRU encourages reporting of all concerns as part of good governance and organisational integrity through appropriate internal channels. These concerns may, for example, include concerns of unethical behaviour, unsafe work practices, pay or roster disputes, concerns about a Worker, or non-serious misconduct. These should be reported as a complaint to CRU’s management in line with the relevant policy (e.g. Grievance and Conflict Resolution), rather than making a Whistleblower report.
Whistleblower Representatives means CRU’s designated internal eligible recipients for whistleblower disclosures, being the General Manager or the Whistleblower Governance Officers (as listed in Appendix 1 below).
Whistleblower Protections
Eligible Whistleblowers who make a qualifying disclosure are protected from civil, criminal and administrative liability for making the disclosure, as provided under the Corporations Act.
Reporting and Response Procedure
1. Reporting a Disclosable Matter
a. A Whistleblower is to report any Disclosable Matter to the Whistleblower Representatives. In circumstances where these normal reporting channels are considered inappropriate, the Whistleblower may report to a person or entity who is eligible to receive disclosure under the Corporations Act 2001. [1] A Whistleblower who becomes aware of a Disclosable Matter is encouraged to report their concerns to a CRU Whistleblower representative as soon as practicable.
b. A Whistleblower may make a Disclosure anonymously, although an anonymous report may impair CRU’s ability to investigate the matter.
c. External Disclosures: Eligible Whistleblowers may also make disclosures to external eligible recipients, including ASIC, APRA, or a legal practitioner, for the purpose of obtaining legal advice or representation. Such disclosures may qualify for protection under the Corporations Act when they meet the criteria for a qualifying disclosure.
d. Public interest and emergency disclosures: In strictly limited circumstances and provided that all statutory preconditions are met and the disclosure is no broader than necessary: in accordance with s 1317AAD of the Corporations Act, an eligible whistleblower may make a public interest disclosure (after ≥ 90 days from a prior qualifying disclosure) or an emergency disclosure (in circumstances of substantial and imminent danger) to a Member of Parliament or a journalist.
2. Acknowledgement and Initial Response
On receipt of a Disclosure, CRU’s Whistleblower Representative/s will contact the Whistleblower (if their identity is disclosed) to notify the Whistleblower that the Disclosure has been received and to confirm details of the concern.
The Whistleblower Representative(s) will promptly review the Disclosure to determine whether it qualifies for protection as a Disclosable Matter. If it does, CRU will commence an investigation—either internally or, where appropriate, by appointing a qualified external investigator. If the Disclosure does not meet the threshold for a Disclosable Matter, it will be redirected to the most appropriate internal process for handling, and the Whistleblower will be informed of this redirection, where their identity is known.
3. Investigation Process for Disclosable Matters
A person named in the Disclosure will be given the opportunity to respond to the allegations. CRU is committed to providing fair and impartial treatment of employees named in protected disclosures, including allowing them to respond to allegations and handling information impartially and confidentially.
All individuals must co-operate fully with any investigation conducted under this policy.
Where practicable, CRU will keep the Whistleblower informed regarding the progress of the investigation as far as is reasonably possible.
In certain cases, for example, suspected fraud, it may be necessary to keep details of the Disclosure confidential until evidence has been gathered or the investigation is finalised.
4. Finalisation of an Investigation
When an investigation is finalised, the Whistleblower will be advised (if their identity is disclosed). Where appropriate, CRU may inform the Whistleblower of the findings or general outcome of the investigation, subject to any issue of confidentiality, privacy, privilege or ongoing investigation
For confidentiality reasons, it may not be appropriate to include details of the precise nature of any formal action that CRU has taken in response to the Disclosure.
Confidentiality
CRU will endeavour to protect a Whistleblower’s identity from disclosure to the extent that it is appropriate and possible in the circumstances.
Generally, CRU will not disclose the Whistleblower’s identity unless:
i. The Whistleblower consents to the disclosure; and/or
ii. The disclosure is required or authorised by law; and/or
iii. It is necessary to protect or enforce CRU’s legal rights or interests to defend any claim; and/or
iv. It is necessary to further an investigation.
Even when confidentiality is maintained, in some circumstances, the source of the reported issue may be obvious to the person who is the subject of a report.
CRU will take reasonable precautions to store any records of the investigation securely and restrict access to authorised persons only.
Obligations for investigation of disclosures
CRU will:
i. be supportive and protective of any Whistleblower who, acting in good faith, reports a breach or wrongdoing to CRU under this policy;
ii. treat the identity, if disclosed, of the Whistleblower as confidential unless the Whistleblower indicates (or the law requires) otherwise;
iii. keep investigations confidential so far as is practicable;
iv. treat all Disclosures seriously;
v. investigate Disclosures promptly, thoroughly and consistently with applicable law;
vi. not tolerate any act of reprisal, repercussion, victimisation, or other Detriment (as defined above) against any person because they have made, or are believed to have made, a qualifying disclosure. This protection also applies to any person who participates in an investigation relating to a Disclosable Matter.
Breach of Policy, including vexatious claims
Deliberately false, vexatious, or malicious disclosures are considered serious misconduct and may result in disciplinary action, up to and including termination without notice or an equivalent sanction. This does not apply to disclosures made in good faith that are ultimately unsubstantiated.
Any employee who is found to have breached this policy will be subject to disciplinary action, up to and including termination of employment.
Related Policies
Other organisational policies should be read in conjunction with the policy including (but not limited to):
i. CRU Child Protection Policy
ii. Code of Conduct
iii. Gifts Policy
iv. WHS Policy
v. Grievance and Conflict Resolution Policy
Variation
This policy does not form part of any employee's contract of employment. CRU may vary, replace or terminate this policy from time to time.
Policy access and availability
As required by law, CRU will make this policy available to all officers and employees through internal communication channels, onboarding processes and the staff intranet. It will also be available on CRU’s public website.
APPENDIX 1
CRU Whistleblower Representatives (current):
Option 1: General Manager
Nigel Glasby
(02) 9188 9703
nigel.glasby@cru.edu.au
Option 2: Whistleblower Governance Officers
Chair of CRU Board – David Braga
whistleblower@cru.edu.au
Deputy Chair of CRU Board – Dr Jennifer George
whistleblower@cru.edu.au
Emails to whistleblower@cru.edu.au will be automatically forwarded to the two Whistleblower Governance Officers.
Policy No. CC7.2v3
[1] A Disclosure that qualifies for protection under the Corporations Act may also be made to the following eligible recipients as required by s 1317AI(5)(b): an officer or senior manager of CRU; CRU’s auditor, or a member of the audit team; ACNC or ASIC; a legal practitioner for the purpose of obtaining legal advice or representation about whistleblower protections. These avenues are in addition to CRU’s internal Whistleblower Representatives.