1. Purpose
Exchange for Change (EfC) is committed to high standards of business conduct and ethical behaviour outlined in its Code of Conduct including complying with all applicable laws and practices. EfC’s ability to maintain these high standards depends on you speaking up about any behaviour, conduct or affairs that are inconsistent with EfC’s expected standards of conduct and behaviour. For this reason, EfC’s Board and leadership team values speaking up and seeks to promote a workplace environment in which everyone feels safe, supported and encouraged to speak up.
The purpose of this Policy is to encourage all employees and non- employees covered by this Policy to report suspected ‘Reportable Conduct’ that they may become aware of during their engagement with EfC. Reportable Conduct is described below.
While conduct can be reported through the normal management channels, there may be times when you believe the matter has not been effectively resolved, or that it is inappropriate or difficult for matters to be reported through these channels, or you otherwise prefer to report under this Policy in order to receive the protections described in this Policy.
This Policy sets out EfC’s whistleblower escalation process and the protections available. You should be aware that speaking to people other than those nominated under this Policy or who are otherwise eligible recipients under the law, this may limit the protections that you are entitled to under the law.
2. Scope
The protection of this Policy is to apply to all of EfC’s current and past:
and these people's dependents (or their spouse’s dependents) and their relatives.
The above persons are eligible whistleblowers and may also be protected by whistleblower laws. Please see Appendix A for more information.
Other people who are not listed above are also able to make a disclosure under this Policy; however, they may not be deemed eligible whistleblowers in accordance with the whistleblower laws, which means that certain protections afforded by this Policy may not be available to those persons.
You may make a report under this Policy if you have reasonable grounds to suspect that any Reportable Conduct has occurred or is occurring.
“Reportable Conduct” is any suspected or actual misconduct or improper state of affairs or circumstances in relation to EfC. This will include conduct in relation to an employee or officer of EfC, as well as a breach of law or information that indicates a danger to the public or to the financial system. For example, Reportable Conduct includes conduct which:
Personal work-related grievances are grievances relating to your employment that have implications for you personally (such as a conflict between you and another employee or a decision about your promotion). Generally, personal work-related grievances are more effectively addressed by EfC’s relevant People and Culture policies.
While personal grievances will not generally amount to Reportable Conduct, they may be covered by this Policy in certain situations. For example, a grievance may be covered by this Policy if it:
When making a report under this Policy, you must have reasonable grounds to believe that the Reportable Conduct has occurred or is occurring (i.e., you believe the information is true). However, you will still be protected under this Policy even if the information turns out to be incorrect.
However, you obviously must not make a report under this Policy that you know is false or misleading. If you knowingly make a false or misleading report, it will be viewed seriously and may be a breach of EfC’s Code of Conduct and will be followed up with disciplinary action up to and including termination of employment or legal proceedings.
6. Reporting channels
EfC has several channels for making a report if a person becomes aware of any issue or behaviour which they consider to be Reportable Conduct.
Reports of actual or suspected Reportable Conduct may be made anonymously and will still qualify for legal protections. However, this may limit EfC’s ability to address the matter reported and provide you with support and protection from detriment. If you provide your identity when making a report, your identity will be treated sensitively and confidentially as described in this Policy.
EfC encourages you to make your report to one of the following Recipients:
1. Protected Disclosure Officers
Any of the Protected Disclosure Officers, being the:
2. “Your Call” - an external independent reporting channel
If you are not comfortable or able to report misconduct internally, you may report it to EfC’s external and independent whistleblowing service provider.
Exchange for Change has contracted “Your Call” Whistleblowing Solutions (“Your Call”) to receive and manage your report with impartiality and confidentially. ,
This option allows you to:
Please see Appendix B to this Policy for details of how to submit a report through “Your Call”.
The Recipient will ensure appropriate protective measures are put in place for the individual.
The external independent reporting channel has been established to provide an option for those with concerns to raise issues and provide information in a completely anonymous manner.
To be covered by the ‘whistleblowers’ protections described under this Policy (explained in more detail below), you must report to a Recipient or other eligible recipient under the law (refer to Appendix A for further details).
No one should discourage any individual from reporting Reportable Conduct: to do so will itself be a breach of this Policy. If any person is told not to raise pr pursue a concern, even by their manager or a person in authority, they are encouraged to still make a disclosure to a Recipient (including, if applicable, to make a further disclosure to a different Recipient).
While we encourage you to report Reportable Conduct to the Recipients identified immediately above, there are certain other people to whom you can report and still receive the legal protections described in this Policy, who are listed in Appendix A.
7. Information required
You should provide as much information as possible, including details of the Reportable Conduct, people involved (including witnesses), dates, locations and if any more evidence may exist.
You are encouraged to feel supported and safe in providing information, and to consent to limited sharing of your identity. This will assist EfC to protect and support you in relation to your disclosure and facilitate EfC in investigating, reporting and taking action arising as a result of your disclosure.
Please be aware that if you do not consent to the limited sharing of your identity as needed, this may limit EfC’s ability to progress your disclosure and take any action in respect of your disclosure.
8. Whistleblower Protection Officer
EfC has appointed a Whistleblower Protection Officer who is a senior EfC employee (the Chief Risk and Audit Officer). The Whistleblower Protection Officer is authorized to protect whistleblowers from personal disadvantage as a result of making a report. The Whistleblower Protection Officer is authorised to provide certain protection where he/she deems appropriate for fulfilling their role.
Anyone covered by this Policy can approach the Whistleblower Protection Officer prior to, during or after making a whistleblowing report to seek advice.
The Whistleblower Protection Officer will handle your information confidentially and will oversee EfC’s response, which may include informal resolution pathways or ensuring the matter is formally investigated, whether internally and/or by external advisers, consultants or specialists.
9. Protection for Reports Made Under this Policy
EfC is committed to protecting people who disclose Reportable Conduct under this Policy. This section outlines EfC’s policy on protecting those who report Reportable Conduct.
Protection from detriment and confidentiality are legal protections for disclosing Reportable Conduct. Additional legal protections may be available and are summarized in Appendix A.
Protecting your identity
EfC will look to protect the identity of people who disclose Reportable Conduct. Your identity (and information EfC has because of your report that someone could likely use to work out your identity) will only be disclosed if:
Measures which EfC may adopt to protect your identity may include some or all of the following, as appropriate in the circumstances:
If your report qualifies for legal protection as set out in Appendix A, your identity and information that is likely to lead to another person identifying you has the benefit of these protections at law. If a person makes an unauthorized disclosure of your identity, that person may breach the law and you may be able to seek legal recourse. In some circumstances, this may also be a criminal offence.
Protecting you from detriment
No person may victimize or cause detriment to someone else (or threaten to do so) because of a belief that a person has, will or could report Reportable Conduct. Examples of detriment include discrimination, harassment, intimidation, retaliation, causing physical or psychological harm, damaging property, varying an employee’s role or duties, or demoting or dismissing the person.
EfC is committed to ensuring that any individual providing or considering providing Reportable Conduct information is not disadvantaged in any way from validly raising such concerns about suspected behaviour. Preferably, you should contact the Whistleblower Protection Officer if you are concerned that you are, or someone else is, being disadvantaged or suffering any form of detriment or victimisation in connection with speaking up. However, you can also tell any Recipients and EfC will treat this very seriously.
In particular, EfC will seek to ensure that you will not be disadvantaged by dismissal, demotion, harassment, discrimination or bias or suffer other detrimental conduct if you make or are considering making a report under this Policy.
If your report qualifies for legal protection as set out in Appendix A, you are legally protected from detriment. If a person causes detriment or victimizes you, or threatens to do so, the person may breach the law, and you may be able to seek legal recourse. In some circumstances, this may also be a criminal offence.
Other protections available
EfC is committed to making sure that you are treated fairly and do not suffer detriment because you speak up. The additional protections EfC can offer you will depend on things such as the relevant conduct, people involved and whether you have disclosed your identity. Protection may include the following:
EfC will look for ways to support all people who report information under this Policy, but it will not be able to provide non-employees with the same support that it provides to employees. Where this Policy cannot be applied to non-employees (e.g. because EfC cannot itself offer flexible workplace arrangements to a supplier), EfC will still seek to offer as much support as practicable.
See Appendix A which describes the special protections available to whistleblowers who disclose in accordance with Australian law
10. Confidentiality and Making an Anonymous Report
You can make an anonymous report if you do not want to reveal your identity. EfC encourages the disclosure of Reportable Conduct, however we appreciate that doing this can be difficult.
All information received in respect of Reportable Conduct will be held in strictest confidence and the identity of the person will not be disclosed without obtaining their permission or as allowed or required by law.
Whilst you can choose to remain anonymous when reporting Reportable Conduct, we encourage you to provide your name to assist us in the investigation and resolution of the matter. However, you are not required to do so and may choose to remain anonymous when making a disclosure over the course of the investigation and after the investigation is finalised.
If you do not provide your name, any investigation will be conducted as best as possible in the circumstances. EfC will assess the content and merit of your disclosure in the same way as if you revealed your identity. However, an investigation may not be possible if you do not provide sufficient information, or if the disclosure is particularly specific to you and you do not consent to share your identity. It may also be difficult to offer you the same level of practical support if we do not know your identity. You will still be entitled to protections under the law, as applicable (see Appendix A).
If you do provide your name, it will only be disclosed if you provide your consent, or if allowed or required by law. Details of how your identity will be protected are described in this Policy. If you have concerns about this, you can discuss this with the Recipient.
11. Responding to a Report Under this Policy
All disclosures made under this Policy will be received and treated sensitively and seriously, and will be dealt with promptly, fairly and objectively. EfC’s response to a disclosure will vary depending on the disclosure (including the amount of information provided). While reporting information under this Policy does not guarantee that the matter will be formally investigated, all reports will be properly assessed and considered and a decision made as to whether they should be investigated.
To reassure those individuals providing information as to the integrity with which their information will be assessed by EfC, any investigation will be undertaken by appropriately qualified parties, whether internally and/or by external advisers, consultants or specialists, depending on the matter or content of the individual complaint received. The investigation will be conducted in an objective and fair manner, and otherwise as is reasonable and appropriate having regard to the nature of Reportable Conduct and the circumstances. All employees and contractors must cooperate fully with any investigations.
As noted above, if a person chooses to disclose an issue anonymously, this may hinder the ability to fully investigate the matter, or to commence an investigation at all.
EfC will endeavour to ensure the fair treatment of all people who are mentioned in a report, including those who are known to be the subject of or implicated in a report. In this regard, the investigating officers undertaking the review of the information provided will assume no guilt on the part of any party until proven otherwise. When appropriate, a person being investigated will be provided with details of the disclosure that involves them (whilst protecting the identity of the discloser and to the extent permitted by law) and be given an opportunity to respond. Where any wrongdoing is uncovered, the investigating officer will apply the guidelines of EfC’s Code of Conduct or other relevant policies along with this Policy.
12. Whistleblower Feedback and Results of Investigation
Where an individual reports suspected Reportable Conduct and seeks protection, they will, where possible or appropriate, receive relevant and timely feedback on the progress of the investigation, which may vary on a case-by-case basis.
At the conclusion of the investigation, they may be informed of the outcome, but it may not always be appropriate to provide this information and may not be possible unless the individual’s identity and contact details are provided.
The outcome of any investigation, and any subsequent actions, will be recorded in writing. This information will be confidential and is the property of EfC. The outcome of any investigation will be reported to the Board or a Committee of the Board in accordance with this Policy.
EfC will apply discretion regarding the disclosure of outcomes relating to an investigation to a discloser or any other person subject to or implicated in an investigation. Where an investigation identifies a breach of EfC’s Code of Conduct or internal policies or procedures, appropriate disciplinary action may be taken. This may include but is not limited to terminating or suspending the employment or engagement of people involved in any misconduct.
13. Penalties for Breach of this Policy
Where any officer, employee or contractor of EfC breaches this Policy by acts of intimidation, retaliation etc., this will be considered a breach of EfC’s Code of Conduct and will be dealt with as such as outlined within that Code.
As noted above, in certain circumstances, an unauthorized disclosure of identity, victimisation of or causing detriment to whistleblowers can constitute a criminal offence.
Any person who engages in an unauthorized disclosure of identity or detrimental conduct will be subject to disciplinary action, including but not limited to termination of employment or engagement. EfC may also refer any person that has engaged in such conduct to law enforcement authorities for further investigation.
14. Reporting
The Whistleblower Protection Officer (Chief Risk and Audit Officer) is responsible for reporting incidents and matters disclosed under this Policy to the Board or a Committee of the Board. Serious and/or material Reportable Conduct will be considered by the Whistleblower Protection Officer for immediate referral to the Chair of the Board, who in turn may notify the Board as they deem appropriate.
These reports will also observe the identity protection requirements outlined above.
15. Policy Management
AdministrationThis Policy is owned and administered by the Legal & Compliance Team. Monitoring Review This Policy is reviewed annually to ensure it is operating effectively or more frequently if there is a major change to EfC or change in relevant law. Changes to this Policy must be approved by the Board. Training Protected Disclosure Officers will receive training about how to respond to any reports made under this Policy. All employees will be made aware of this Policy during their employment induction. Publication and Communication This Policy is published on EfC’s Intranet and Website. More information Any questions about this Policy or reporting Reportable Conduct can be referred to the Whistleblower Protection Officer or “Your Call” (the external independent reporting channel). Questions can be asked at any time, including before or after you have made a report under this Policy. This Policy does not form part of the terms of employment and may be amended from time to time.
APPENDIX A – Special protections available to whistleblowers under the law Under Australian law, including Part9.4AAA of the Corporations Act (Cth) (the Act), legislative protections for disclosing Reportable Conduct are available to certain persons (including current and former employees, officers, suppliers, employees of suppliers, associates, as well as these people’s relatives and dependents) who make protected disclosures to certain people).
You are encouraged to disclose Reportable Conduct to Recipients outlined in this Policy and you will be protected as outlined in this Policy if you do so. However, the law also offers protections in other cases (for example, you can report Reportable Conduct to people other than Recipients). A disclosure can qualify for protection under the Act even if it is made anonymously or turns out to be incorrect.
Please contact a Recipient if you would like more information about legal protections.
Eligible Recipients Under the Law
To be a protected disclosure qualifying for protection under the Act, the disclosure must relate to a disclosable matter and be made to an eligible recipient under the Act. A matter that is disclosed under this Policy but which does not meet these criteria will not qualify under the Act. Examples of this information and recipients are outlined in the following table:
Personal Work-Related Grievances Legal protection for disclosures about solely personal employment-related matters are only available under the law in limited circumstances. A disclosure of a personal work-related grievance will remain protected if, in summary:
Under the law, some grievances will not be a ‘personal work-related grievance’ such as if it:
Specific Protections Available Under the law
Additional legislative protections may also be available, including but not limited to:
The law also states that if you make a protected disclosure:
APPENDIX B – YOUR CALL Reporting Options You may make a report using Exchange for Change external whistleblowing service which is independently managed by Your Call.
How reports made via Your Call are handled
You can make a report to Your Call:
You can:
With your consent, your report will be provided to Exchange for Change’s nominated whistleblower officers so that it can be managed in accordance with this policy. If you choose to remain anonymous, your identity will not be provided by Your Call to Exchange for Change without your consent. Your Call will not investigate your report.
National Relay Service
If you are deaf, or have a hearing or speech impairment, you can contact Your Call online or through the National Relay Service at www.relayservice.gov.au and requesting Your Call’s hotline 1300 790 228.If you have difficulty speaking or understanding English, Your Call can be contacted through the Translating and Interpreting Service (TIS) 131 450 and asking for Your Call on 1300 790 228.
