CURRUMBIN RSL GROUP
To ensure employees and others are aware of their rights and protection with regards to disclosing malpractice or misconduct.
Internal self-assessment every year.
External performance assessment every two years.
A person who raises concern regarding illegal and/or improper conduct that affects others. The person is not usually involved in the issue but is wanting to alert others to suspected misconduct. The alert may be raised outside of usual reporting lines or processes
BACKGROUND AND PURPOSE
Employees and others working closely with the Currumbin RSL Group (CRSL) will often be the
best source of information should legislation, codes of conduct or ethical standards are not
being followed. This Whistleblower Policy is an important element in detecting corrupt, illegal
or other undesirable conduct at CRSL. The purpose of this Policy is to:
(a) explain how to speak up by reporting concerns about wrongdoing;
(b) outline what protections a person who reports wrongdoing will receive; and
(c) outline CRSL processes for dealing with reports of wrongdoing.
Creating a supportive environment where people feel safe to speak up underpins CRSL culture. When people do not speak up, this can undermine the culture and expose CRSL to risks. CRSL encourages speaking up about concerns of wrongdoing at CRSL. There are various measures in place to ensure no one is discouraged from speaking up or disadvantaged or victimised for doing so. This Policy covers the processes for dealing with disclosures made by employees and stakeholders of suspected improper conduct within CRSL in a confidential and secure manner. CRSL is committed to the highest standards of conduct and ethical behaviour in all of our business activities, and to promoting and supporting a culture of honest and ethical behaviour, corporate compliance and strong corporate governance. This policy is available on the website of CRSL. This Policy is in addition to and supplements any other policies applicable to CRSL.
WHO MAY MAKE A REPORT
Anyone with information about potential wrongdoing relating to CRSL is encouraged to report their concerns under this Policy. This includes individuals who are or have been in relation to CRSL:
a) an employee, officer or contractor;
b) a supplier of services or goods to CRSL (whether paid or unpaid) including their employees; and;
c) a relative, dependant or spouse of any of the above.
It is important to note that under the Corporations Act, the whistleblower may also raise the matter with an “officer” or “senior manager” of the company. These are defined in the Corporations Act as “a director, or a senior manager in the company who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company, or who has the capacity to affect significantly the company’s financial standing.”
When reporting suspected or actual fraudulent behaviour, Whistleblower’s can report anonymously to an external party (PKF Forensic and Risk Services) via their hotline – 1800 857 376. Once PKF Forensic and Risk Services receive contact from the Whistleblower, they will contact the Currumbin RSL Compliance Officer.
Detrimental Conduct means any actual or threatened conduct that could cause a detriment to the whistleblower as a result of the whistleblower making a disclosure, including:
CRSL also strictly prohibits all forms of Detrimental Conduct against people who are involved in an investigation of a disclosure in response to their involvement in that investigation.
SPECIALl PROTECTIONS UNDER PART 9.4AAA OF THE CORPORATIONS ACT 2001 (CTH)
The Corporations Act gives special protection to disclosures about any misconduct or improper state of affairs relating to CRSL if the following conditions are satisfied:
(iv) a relative, dependent or dependent of the spouse of any individual referred to above;
Examples of conduct which may amount to a breach of Commonwealth and State legislation include: misuse of CRSL information, insolvent trading, breach of the conflict and disclosure rules, failure to keep accurate financial records, falsification of accounts, failure of a director or other officer to act with the care and diligence that a reasonable person would exercise, or to act in good faith in the best interests of CRSL or failure of a director or manager to give notice of any material personal interest in a matter relating to the affairs of the CRSL.
The Taxation Administration Act gives special protection to disclosures about a breach of any Australian tax law by CRSL or misconduct in relation to CRSL tax affairs if the following conditions are satisfied:
(i) has reasonable grounds to suspect that the information indicates misconduct, or an improper state of affairs or circumstances, in relation to the tax affairs of CRSL or an associate of that company; and
(ii) considers that the information may assist the CRSL recipient to perform functions or duties in relation to the tax affairs of CRSL or an associate of the company; and
- Code of Conduct
- Complaints Policy
- Employee Grievance policy/procedure
- Corporations Act 2001 (Commonwealth)
- Taxation Administration Act 1953 (Cth)
- Privacy Act 1988 (Commonwealth)
- Public Interest Disclosure Act 2013 (Commonwealth)
- Charities Act 2013 (Commonwealth)
- Associations Incorporation Act 1988 (Qld)
- Associations Incorporation Regulation 1999 (Qld)
- Work Health and Safety Act 2011 (Qld)
- Work Health and Safety Regulation 2011 (Qld)
- Criminal Code 1899 (Qld)
- Australian Standard AS 8004-2003 Corporate Governance
- (a) the overall administration of this Policy;
- (b) monitoring the implementation of this Policy;
- (c ) reviewing on an ongoing basis the Policy’s suitability and effectiveness;
- (d) seeking to protect the whistleblower from Detrimental Conduct;
- (e) assisting the whistleblower in maintaining wellbeing;
- (f) maintaining whistleblower confidentiality including as required by law; and
- (g) reviewing and considering any complaints of Detrimental Conduct or concern that disclosure has not been dealt with in accordance with this policy.