WHISTLEBLOWER POLICY POLICY STATEMENT 5 The ABC does not tolerate illegal, corrupt or other improper conduct by its staff or service providers nor the taking of reprisals against those who come forward to disclose such conduct. PURPOSE OF THIS POLICY The purpose of this Whistleblower Policy is to: 10 15 20 a) minimise the risk of illegal, corrupt or other improper conduct at the ABC; b) help foster an environment that encourages prevention of illegal, corrupt or other improper conduct at the ABC; c) encourage staff and contractors to report their concerns; d) protect staff and contractors reporting in good faith from any adverse action taken as a result of their reporting; and e) enable reports of possible illegal, corrupt or other improper conduct to be responded to appropriately. WHO IT APPLIES TO THE ABC WHISTLEBLOWER POLICY SUPPORTS THE ABC VALUE OF INTEGRITY WE ACT WITH TRUSTWORTHINESS HONESTY AND FAIRNESS, WE DELIVER ON OUR COMMITMENTS AND ARE ACCOUNTABLE. All ABC staff as well as contractors under contracts between the ABC and its service providers. CONSEQUENCES OF BREACH 25 All concerns about reportable matters must be made in good faith. Breaches of this Policy by ABC staff will be dealt with in accordance with the relevant ABC employment agreement and may lead to disciplinary action, including possible termination of employment. 30 DEFINITIONS Protected Disclosure Reportable Matter A disclosure about a reportable matter made by a staff member or contractor (each a Discloser for the purposes of this Policy) in good faith, in accordance with this Policy, and which triggers the protections set out in this Policy. A concern within the scope of this Policy about possible conduct by the ABC, or an officer, employee or contractor of the ABC constituting a serious matter relating to:
WHISTLEBLOWER POLICY Page 2 of 6 35 40 45 50 a. fraudulent or other illegal activity or a criminal offence; b. corrupt conduct; c. perverting the course of justice; d. failure by the ABC or a representative of the ABC to comply with any legal obligation; e. wastage of public funds; f. maladministration, including conduct that is based on improper motives or is unreasonable, unjust, oppressive or negligent; g. abuse of public trust; h. abuse of position as a public official; i. danger to public health or safety or to the environment; j. adverse action against a person who makes a report under this Policy in good faith; or k. any deliberate concealment relating to the above. Whistleblower Committee The body who receives and oversees the investigation of reportable matters. The Committee is comprised of the Head Group Audit and the Director Legal & Business Affairs and reports to the Managing Director. Group Audit provides secretarial support to the Committee as required. DETAILS OF POLICY Scope of Policy 55 This Policy is not intended to replace or supersede other policies within the ABC dealing with reporting such as: 60 Fraud Policy this provides an avenue to report suspicions of fraud or corruption at the ABC. The Fraud Policy provides a number of different avenues for reporting suspicions. Discrimination, Bullying and Other Workplace Behaviours Policy this provides processes for staff to raise concerns regarding alleged bullying, harassment, discrimination and other behaviour that is incompatible with the ABC Values. The Whistleblower Committee may decline to accept the referral of a matter where a more appropriate grievance, reporting, complaint or claims procedure is available see below under "Accepting a Report as a Protected Disclosure". 65 Making a Report Where a staff member or contractor is aware of any Reportable Matter they are encouraged to report (Report) it to any member of the Whistleblower Committee. Reports can be made: 70 a. by post to the Head Group Audit at 700 Harris Street Ultimo NSW 2007 to be marked 'Private & Confidential. The enclosed report should be addressed to the ABC Whistleblower Committee ;
WHISTLEBLOWER POLICY Page 3 of 6 b. by email to Whistleblower.Hotline@abc.net.au ; c. by phone to the hotline on 82 5213 or 1 800 89 5213; or d. to your supervisor/manager. 75 Any Report made to an ABC Board member or a member of the ABC Executive is to be referred to the Whistleblower Committee. If the Report involves a Director of the ABC Board, the Discloser shall report the matter to the Whistleblower Committee who will immediately discuss the matter with the Managing Director, ABC Chairman and the Chairman of the Audit and Risk Committee of the ABC Board. 80 85 If the Report involves a member of the Whistleblower Committee, the Discloser shall report the matter to the Managing Director who will determine the appropriate process to be followed, which may include discussion with the ABC Chairman and the Chairman of the Audit and Risk Committee of the ABC Board. Reports of wrongdoing may be made anonymously, either in writing or by telephone. If a Report is anonymous, the Discloser will need to provide sufficient information for the matter to be investigated, as it will not be possible to go back to the Discloser for clarification or more detail. The likelihood of a successful outcome is increased greatly if, when suspected wrongdoing is reported, the Discloser makes their identity known. Receipt of Report by a supervisor/manager 90 Any supervisor or manager who receives a Report from one of their staff members that: the staff member has made for referral to the Whistleblower Committee; or which otherwise raises serious issues relevant to this Policy, must promptly refer the Report to the Whistleblower Committee. False Reporting 95 If it is found that a person making a Report (whether accepted as a Protected Disclosure or not) has knowingly made a false Report or not made a Report in good faith, then the conduct of the person will be considered a serious matter. A staff member may be subject to disciplinary action, which may include termination of their employment (without notice or payment in lieu of notice). Accepting a Report as a Protected Disclosure 100 Upon receipt of a Report, the Whistleblower Committee will decide whether to accept the Report as a Protected Disclosure. The Whistleblower Committee may decline to accept a Report as a Protected Disclosure if the Committee considers that: 105 a) the alleged conduct is not a Reportable Matter within the scope of this Policy; b) the Report is not made in good faith or is frivolous, vexatious or malicious;
WHISTLEBLOWER POLICY Page 4 of 6 110 115 120 c) the subject matter of the Report has been satisfactorily dealt with or resolved previously through the Whistleblower procedure (unless another alleged incident has occurred since); d) the subject matter of the Report has been satisfactorily dealt with or resolved through another grievance, reporting, complaint or claims procedure. The Whistleblower Committee will decline to accept a Report as a Protected Disclosure if the Report is in effect an 'appeal' from a decision already made by the ABC under another grievance, reporting, complaint or claims procedure; or e) some other more appropriate grievance, reporting, complaint or claims procedure in relation to the subject matter of the Report is available to the Discloser for example, the matter should be reported under the Discrimination, Bullying and Other Workplace Behaviours complaints procedure, under the Fraud Policy or through work health and safety reporting mechanisms. A Discloser will be advised if the Whistleblower Committee determines that their concern can more properly be dealt with by some other grievance, reporting, complaint or claims procedure. Where a Report is accepted as a Protected Disclosure, the person who made the Report will be a Discloser for the purpose of this Policy. Investigation 125 Where the Whistleblower Committee has accepted a Report as a Protected Disclosure, the Committee first considers whether the subject matter of the Protected Disclosure is serious. Factors going to seriousness include: the gravity of the conduct itself; the context in which the conduct occurred; the extent of the potential or actual consequence; and the potential to expose systemic wrongdoing beyond the allegation made. 130 If the matter is regarded as serious, the Whistleblower Committee will generally conduct an investigation. If the Reportable Matter involves an allegation of a criminal offence, the Whistleblower Committee may seek assistance from ABC Legal Services and/or an external advisor and may refer the matter to the appropriate authorities. 135 The objective of an investigation will be to locate, identify or gather evidence regarding the matters alleged in the Protected Disclosure. The investigation may be conducted by a Whistleblower Committee member or another person appointed by the Committee. 140 The Whistleblower Committee will be entitled to direct access to external financial, legal and operational advisers as required.
WHISTLEBLOWER POLICY Page 5 of 6 Any person appointed by the Whistleblower Committee to conduct the investigation will be entitled to direct access to external financial, legal and operational advisers as required and as approved in advance by the Committee. 145 Where the Whistleblower Committee considers it necessary or appropriate or it is required under the Public Interest Disclosure Act 2013, the Discloser will receive feedback on the progress of the investigation, subject to commercial, legal, privacy and confidentiality obligations. To the extent possible, the investigation shall be independent of the business units concerned, the Discloser and any staff member or contractor who is the subject of the Reportable Matter. 150 Investigations are generally to be completed within 90 days. In appropriate circumstances, the ABC can seek an extension of this period by applying to the Commonwealth Ombudsman. The Discloser will be advised of the outcome of the investigation by means of a written report. Protection of the Reporting Staff Member 155 160 165 Where a Discloser makes a Report that is a Protected Disclosure, the person to whom the report is made must ensure that the identity of the Discloser is kept as confidential as practicable. Where the identity of the Discloser is or may need to be disclosed, this should, where practicable, be discussed with the Discloser in advance. Maintaining confidentiality regarding the identity of the Discloser may be difficult where the nature of the Report points to one particular individual having made it or due to the inherent nature of the investigation process. The Whistleblower Committee may need to discuss with the Discloser the possibility that other staff may deduce his or her identity without the Committee having told the individual of the Discloser s identity. The Discloser will not be subject to disciplinary or other sanctions in respect of matters which are the subject of the Report unless they have engaged in serious misconduct or illegal conduct (provided that the disclosure is made in accordance with this Policy in good faith and the Discloser has reasonable grounds to suspect that a Reportable Matter has occurred). Immunity from criminal or civil proceedings cannot be granted or guaranteed. Staff should note that if an anonymous Report is made: 170 a) it may not be possible for the organisation to advise the Discloser of progress in handling the report; b) any support mechanisms normally available to people making Reports may not be available; and c) an anonymous Report is no guarantee that other person might not identify the Discloser as the source of the Report. Wrongdoing/Action 175 Where any wrongdoing is uncovered by the Whistleblower Committee as a result of a Protected Disclosure, the Managing Director will generally determine the appropriate response and will, in the case of serious or substantial wrongdoing, consult with the ABC Board on an appropriate response.
WHISTLEBLOWER POLICY Page 6 of 6 Reporting The Whistleblower Committee must provide: 180 185 a) a quarterly report to the Managing Director; b) a quarterly report to the Audit and Risk Committee of the ABC Board, regarding: Reports made. Reports accepted as Protected Disclosures; and c) reports and information to the Commonwealth Ombudsman as required under the Public Interest Disclosure Act 2013. Disclosure external to the ABC 190 The intent behind the legislation underlying this Policy is to encourage reporting to the agency concerned, in this case the ABC. There are, however, some limited circumstances where disclosure can be made outside the ABC and whistleblower protections can still apply. Details are provided on pages 5 and 6 of Speaking Up About Wrongdoing. A guide to making a disclosure under the Public Interest Disclosure Act 2013 issued by the Commonwealth Ombudsman and which can be found at: http://www.ombudsman.gov.au/docs/speaking_up_about_wrongdoing.pdf. General 195 This Policy does not form part of any employee's contract of employment. From time to time the ABC may make changes to this Policy, as required. Australian Government whistleblower legislation and review of this Policy 200 The Public Interest Disclosure Act 2013 applies to disclosures made from 15 January 2014 (although the relevant conduct may have taken place before this date). This Policy may be reviewed and updated in the light of any guidance be issued by the Commonwealth Ombudsman in relation to the legislation or whistleblower policy content. Questions Any questions about this Policy should be directed to Head Group Audit. Further information on the operation of the Public Interest Disclosure Act 2013 is available from the Commonwealth Ombudsman at http://www.ombudsman.gov.au/pages/pid. 205