Whistleblower Policy

The Foundation for Young Australians (FYA) is committed to having a safe environment to raise concerns about any misconduct, unethical behaviour or illegal activities relating to FYA, its officers or employees.

• encourage reporting;
• explain what can be reported under this policy;
• explain the process to raise concerns, and how they will be investigated
• outline how people who make a report will be protected.

This policy applies to all current and former FYA employees, consultants, contractors, volunteers, Board members, members, program participants, suppliers, and relatives or dependents of any individual referred to above.

This policy does not cover subsidiary organisations of FYA, except from where they are covered by the above.

This policy is available to employees and officeholders of FYA and to the general public via FYA’s website (www.fya.org.au).

Whistleblowing is an important way for organisations to find out about serious matters that may cause harm.
You have the right to make a whistleblower report, and we encourage you to do so.

Whistleblowers are protected by the law. You can read about this in section 4.3.

You can make a whistleblower report to FYA, to an independent service called Your Call (https://whistleblowing.com.au/), or to other organisations. See sections 5.1 and 5.2 for details.

If you want to report something that does not count as a whistleblower report, visit www.fya.org.au/feedback-complaints/ or refer to the Internal Complaints Policy or the Feedback and Complaints Policy.

If you want help to understand how you can make a report, or which policy you should follow, contact the People and Culture Coordinator via people@fya.org.au.

Whistleblowing is when a person connected to a company or organisation reports any potential misconduct or illegal activity by that company or organisation. Whistleblowing is important because it helps to find misconduct that may harm service users and the community.

FYA understands that whistleblowers take personal and professional risks when they choose to make a disclosure. Whistleblowers are protected by the law. This is to encourage people to report their concerns about misconduct or illegal activity.

For the purposes of this policy and in accordance with the Corporations Act 2001, misconduct is where FYA, or its officers or employees, have engaged in conduct that:

• contravenes the Corporations Act 2001 or the Tax Administration Act;
• constitutes an offence against any other Commonwealth law that is punishable by imprisonment for 12 months or more; or
• represents a danger to the public.

‘Disclosable matters’ are ones that qualify for whistleblower protection under the Corporations Act. They include:

• corrupt or illegal behaviour;
• theft, fraud or bribery;
• behaviour that poses a significant risk to health and safety;
• serious inappropriate or unethical conduct;
• a serious misuse of information;
• bullying, discrimination, harassment or other serious unacceptable behaviour;
• retaliating, or threatening to retaliate, against someone who has made a disclosure, or is thought to have made a disclosure, or is thought to be planning to make a disclosure
• a serious breach of FYA’s policies and procedures or the law;
• an abuse of public trust or a serious or substantial waste of company or public resources;
• conduct causing substantial financial or non-financial loss or detriment to FYA;
• acts of physical and/or emotional harm.

A whistleblower is protected if they make the report in good faith. This means they have reasonable grounds to suspect that the reported activity is true, and that it qualifies for protection under the Corporations Act. A whistleblower can still qualify for protection even if their disclosure turns out to be incorrect.

Not everything that can be complained about is considered a ‘disclosable matter’. Reports do not qualify for protection under the Corporations Act if they are not about ‘disclosable matters’. Reports like these may instead be protected under other legislation, such as the Fair Work Act 2009 (Fair Work Act).

Personal work-related grievances relate to a person’s current or former employment.
They affect the person making a disclosure personally, but do not have any other
significant implications for FYA (or another entity), or relate to any conduct, or alleged
conduct, about a disclosable matter.Examples of personal work related grievances include:

• an interpersonal conflict between a person to whom this policy applies and another FYA employee (or former FYA employee or volunteer);

• a decision that does not relate to a breach of workplace laws

• a decision about the engagement, transfer or promotion of the person making a report;
• a decision about the terms and conditions of engagement of the person making a report;
• a decision to suspend or end the contract of the person making a report; or
• disciplinary action towards the person making the report.

Disclosures do not qualify for protection under the Corporations Act if they relate only to personal work-related grievances.

However, a personal work-related grievance may still qualify for protection if:

• it includes information about misconduct;
• it relates to a breach of workplace laws, or misconduct beyond the personal circumstances of the person making a disclosure;
• the person making a disclosure is harmed, or is threatened with harm or detriment for making a disclosure; or
• the person making a disclosure seeks legal advice or representation about how whistleblower protections operate under the Corporations Act.

Personal work-related grievances can be reported through the Internal Complaints Policy.

All whistleblower disclosures can be made anonymously and confidentially. Whistleblowers do not need to provide their name or identify themselves at any stage during the reporting or investigation process, or after the investigation is finalised. Whistleblowers can also decide not to answer questions they think may reveal their identity.

When whistleblowers want to remain anonymous, we suggest they maintain ongoing two-way communication with the person they make the disclosure to. This is so they can be asked follow-up questions or provide feedback.

Reporting misconduct via Your Call

Your Call (https://whistleblowing.com.au/) has been engaged by FYA to receive whistleblowing disclosures. 

Your Call is an independent whistleblower service provider. This enables whistleblowers to make a report of misconduct confidentially. Reporters can

• remain completely anonymous;
• disclose their identity to Your Call only and not to FYA; or
• disclose their identity to both Your Call and FYA. 

Reports can be made to Your Call 24 hours a day, seven days a week via their website.

Your Call ensures that FYA is made aware of the disclosure and can promptly address the concerns raised by the report.

Your Call has a message board on its website. This message board lets the whistleblower have ongoing anonymous communication with Your Call and FYA’s Whistleblowing Officers. The whistleblower can use the message board to receive updates, share more information and evidence, ask for support, or report retaliation. Your Call remains the intermediary at all times. It receives and forwards communication between all parties.

Reporting misconduct to others

Whistleblowing disclosures can also be made directly to the following people:

• FYA Board Directors, Company Secretary, CEO or Executive Directors;
• FYA’s auditors, KPMG (+61 3 9288 5555);
• the Australian Securities and Investments Commission (ASIC) through its online misconduct reporting form https://asic.gov.au/about-asic/contact-us/reporting-misconduct-to-asic/make-a-report-of-misconduct-to-asic/ 
• a lawyer for the purposes of obtaining legal advice or legal representation.

If a whistleblowing disclosure relates to a matter of public interest or an emergency, a whistleblower may also be able to report it to a member of Parliament (State, Territory or Federal) or to a journalist. Certain conditions must be met. Information about these conditions is available at https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/whistleblower-rights-and-protections/ 

It is important that whistleblowers understand these conditions before making a disclosure about a public interest or emergency situation. Whistleblowers should also contact an independent legal advisor before making the disclosure.

A whistleblower disclosure should include as much information and evidence as possible. This may include:

• the name, job title and workplace address of the person/s who are the subject of the report;
• details of the alleged misconduct including dates and places;
• how the alleged misconduct was detected;
• names of anyone who may substantiate the report of misconduct; and
• any other evidence that supports the report of misconduct, such as email, documents or recordings.

When a whistleblower disclosure is made, the person receiving it will:

• make a record of the information reported by the whistleblower;
• provide the whistleblower with access to the Your Call message board; and
• refer the reported information to the FYA’s Whistleblowing Officers, This will happen within one business day of the receipt of the whistleblower disclosure. The identity of the whistleblower will be kept confidential where this has been requested by the whistleblower.

FYA’s Whistleblowing Officers are:

• the Chair of the Board of Directors
• the Chair of the Finance and Audit Committee 
• the CEO.

The role of the Whistleblowing Officers is:

• to receive the initial whistleblowing disclosure. They may receive it directly, or from the person or entity who received the report;
• to determine whether the whistleblowing disclosure should be investigated (i.e. whether the disclosure is a report of misconduct as outlined in this policy and the Corporations Act 2001). If it should be investigated, they will decide, whether there is enough information to enable an investigation to take place; 
• to determine the appropriate investigation process, including:
  • the nature and scope of the investigation;
  • who will conduct the investigation and whether that person should be external to FYA. (Note: the Whistleblowing Officer who appoints the investigator cannot be the Whistleblowing Officer who receives the Investigator’s Report);
  • the nature of any technical, financial or legal advice that may be required; and
  • a timeframe for the investigation;
• to take all reasonable steps to ensure the identity of the whistleblower and the person/s who are the subject of the whistleblower disclosure are kept confidential; 
• to remain in contact with the whistleblower; and
• if necessary, appoint a welfare officer to support the whistleblower, and protect them from harm, detriment or victimisation.

Conduct of the investigation

Once the Whistleblowing Officer has considered the nature and scope of the investigation, they will decide who will be appointed to carry out the investigation. 

The investigator will conduct the investigation in a constructive, impartial and lawful way. They will use the principles of natural justice and procedural fairness. The investigation will generally include the following actions:

• reviewing the information provided by the whistleblower and the Whistleblowing Officer;
• gathering any additional relevant information, material and documentation as quickly as possible. This may involve taking steps to protect or preserve documents, materials and equipment.
• ensuring that the person/s who are the subject of the disclosure being investigated:
  • are informed that they are being investigated, and told the substance of the allegations that have been made against them;
  • are given the opportunity to answer the allegations before any investigation is finalised;
  • are informed about the substance of any adverse comments that may be included in any report arising from the investigation.
• interviewing any witnesses to the circumstances outlined in the whistleblower disclosure; 
• keeping records and storing all information gathered in the investigation in a secure location;
• taking all reasonable steps to ensure the identity of the whistleblower and the person/s who are the subject of the whistleblower disclosure are kept confidential;
• preparing a report of their findings and determination (Investigator’s Report) as soon as is reasonably practical;
• subject to privacy and confidentiality requirements, inform the whistleblower about the progress of the investigation and the outcome.

Investigator’s Report

• a finding of all relevant facts;
• whether the whistleblower disclosure is proven, not proven or otherwise; and
• recommendation/s as to any action that may need to be taken in respect of the findings.

The Investigator’s Report will be provided to one of the Whistleblowing Officers. 

• The Whistleblowing Officer receiving the Investigator’s Report cannot be the Whistleblowing Officer who appointed the investigator. 
• Where required to do so by law, the Whistleblowing Officer will refer the information in the Investigator

The following protections are only available to Whistleblowers (i.e. persons who have made a report of misconduct to Your Call or to another person who can receive a Whistleblower Report) as specified in this policy to) and not to persons who have made a report of a personal work-related grievance.

These protections are available to Whistleblowers regardless of whether their report of misconduct turns out to be incorrect or whether they chose to remain anonymous when they made their Whistleblower Report and through the investigation process.

Confidentiality

FYA has a legal obligation to protect the confidentiality of a whistleblower’s identity. Under the Corporations Act 2001 it is an offence to make any unauthorised disclosure of the identity of a whistleblower, or of information that is likely to lead to the identification of a whistleblower. This behaviour carries serious penalties. 

Any FYA staff member who makes an unauthorised disclosure will be considered to have engaged in serious misconduct and will have disciplinary action taken against them. This may include dismissal.

Reports made under this Policy will be kept strictly confidential. FYA will only share the whistleblower’s details on a need to know basis with those within FYA who have a role in looking into the matter. Also, there may be times when FYA must share the whistleblower’s details to comply with the law. FYA may also share details with a lawyer.  This is to get legal advice or representation about the whistleblower provisions in the Corporations Act.

FYA can share details of the disclosure with the consent of the whistleblower.

In addition, FYA can share the information contained in a disclosure with or without the whistleblower’s consent if it does not reveal their identity. FYA must take all reasonable steps to reduce the risk of identifying the whistleblower. FYA must only share the information if it is necessary for investigating the issues raised in the disclosure.

FYA will take the following steps to protect confidentiality:

• redact all personal information or reference to the whistleblower witnessing an event; 
• refer to the whistleblower in a gender-neutral way;  
• where possible, contact the whistleblower to help identify any parts of their disclosure that could unintentionally identify them; 
• appoint qualified people to handle and investigate disclosures;
• securely store all paper and electronic documents and other materials relating to disclosures;  
• not send communications and documents relating to the investigation to an email address or to a printer that can be accessed by other staff; 
• limit access to all information relating to a disclosure to the people directly involved in managing and investigating the disclosure;  
• restrict the number of people who know the whistleblower’s identity (with their consent), or know information that is likely to identify the whistleblower. The only people who will have this information will be directly involved in handling and investigating the disclosure. 
• remind each person who is involved in handling and investigating a disclosure about the confidentiality requirements. This includes that an unauthorised disclosure of a whistleblower’s identity may be a criminal offence.

Protections for Whistleblowers from retaliation 

FYA will protect and respect the rights of whistleblowers. We will not tolerate any retaliation, or threats of retaliation, against anyone who has made, or who is believed to have made, a disclosure. Retaliatory behaviour will be treated as serious misconduct and will result in disciplinary action, which may include dismissal.

It is also illegal (under the Corporations Act 2001) to cause harm, or threaten to cause harm, to a whistleblower because they have made a disclosure, or it is thought that they have made a disclosure. Threats include those made expressly or implied.

Detriment includes, amongst other things, dismissal from employment, demotion, harassment, discrimination, injury, and damage to property or reputation. 

FYA will take the following steps to protect whistleblowers from retaliation:

• after receiving a disclosure, assessing the risk of detriment against the whistleblower and other people (e.g. other staff who might be suspected to have made a disclosure); 
• provide support services to whistleblowers;  
• help whistleblowers minimise and manage stress; impacts on their time or performance; or other challenges resulting from the disclosure or its investigation;  
• allow the whistleblower to perform their duties from another location; reassign the whistleblower to another role at the same level; make other modifications to the whistleblower’s workplace or the way they perform their work duties; or reassign or relocate other staff involved in the disclosable matter; 
• ensure that management know their responsibilities to maintain the confidentiality of a disclosure; address the risks to the whistleblower of isolation or harassment; manage conflicts; and ensure fairness when managing the performance of, or taking other management action relating to, a whistleblower; 
• ensure the whistleblower knows how to lodge a complaint if they have suffered detriment or retaliation, including to external regulatory bodies (e.g. ASIC) and legal advisers.

Detriment and retaliation does not include: 

• administrative action that is reasonable for the purpose of protecting a whistleblower from detriment, e.g. moving a person who has made a disclosure about their immediate working area to another office, to prevent them from detriment; 
• managing unsatisfactory work performance of a whistleblower, in line with FYA’s performance management framework.

Compensation and Remedies for Whistleblowers

A whistleblower can seek compensation and other remedies through the courts if:

• they suffer loss, damage or injury because they made a disclosure; and
• FYA did not take reasonable steps to prevent the conduct that led to their loss, damage or injury.

Protections for Whistleblowers against legal action

The Corporations Act 2001 protects whistleblowers against certain legal actions related to making a disclosure, including:

• criminal liability e.g. attempted prosecution of the whistleblower for unlawfully releasing information, or other use of the disclosure against the whistleblower in a prosecution (other than for making a false disclosure)
• civil litigation (such as for breach of an employment contract, duty of confidentiality, or other contractual obligation), or
• administrative action (including disciplinary action).

This protection does not grant a whistleblower immunity for any misconduct that they were involved in that is revealed in the disclosure.

FYA will provide support to whistleblowers, including

• access to Your Call (https://whistleblowing.com.au/) 
• access to FYA’s Employee Assistance Program (EAP) or reimbursements for counselling. To access this, current employees can access https://www.careermoneylife.com/eap-hub-login/ or submit reimbursement claims. Whistleblowers who are not current employees should ask the person to whom they make the report for access details; 
• appointing an independent support person to deal with any ongoing concerns the whistleblower may have; and
• connecting the whistleblower with third party support providers such as Lifeline (13 11 14), 13YARN (13 92 76) and Beyond Blue (1300 22 4636).

FYA will also provide support and guidance to any FYA staff member thinking about making a disclosure. This support is available through their manager, the People and Culture Team, and Your Call (https://whistleblowing.com.au/).

FYA recognises that individuals who are the subject of a disclosure must also be supported during the handling and investigation of the disclosure. FYA will take reasonable steps to treat them fairly, particularly during the assessment and investigation process.

If an FYA employee makes a whistleblowing disclosure knowing it to be false or misleading, they may be subject to disciplinary action. The disciplinary action will depend on the severity, nature and circumstances of the false report. It may include dismissal. 

The CEO (or their delegate) will report at least annually to the FYA Board on the number and type of whistleblower incident reports. These reports will be made on a ‘no names’ basis, maintaining the confidentiality of the persons and matters raised under this policy.

The Executive Director Engagement and Operations will monitor this policy on an ongoing basis to ensure it is compliant with legislation and FYA operating procedures. The policy will be reviewed every three years, or earlier if required. Any major changes to this policy will be approved by the Board.

This policy is available to employees and officeholders of FYA and to the general public via FYA’s website (www.fya.org.au).

FYA reserves the right to amend and vary this policy in line with best practice, operating efficiency and changes to legislation.

This policy will be formally reviewed every two years, or earlier if required, ensuring compliance with legislation and FYA operating procedures.