Learning Links is committed to an ethical culture based on transparency where feedback and the reporting of complaints and grievances are encouraged and acted on and where behaviours are in line with our values of integrity, empowerment, excellence and collaboration.
The Whistleblower Policy and Procedure has been developed so that individuals who detect misconduct or dishonest or illegal activity that has occurred in connection with Learning Links can report these concerns knowing they can do so safely and protected against reprisal.
It is aimed at encouraging disclosures of wrong doing and deterring wrongdoing by increasing awareness that there is a higher likelihood that it will be reported.
Learning Links also has:
This Whistleblower Policy below outlines the requirements for raising Whistleblowing Complaints.
This policy applies to all current or former Staff, Board Members, Contractors, Volunteers, Interns and Students.
Reportable Conduct is any past, present or likely future activity, behaviour or state of affairs considered to be:
Are the type of wrongdoings that can be reported. See Reportable Conduct above.
An individual who makes a Whistleblowing Complaint. This can be:
A complaint which relates to misconduct or any improper state of affairs or circumstances at Learning Links as defined in Reportable Conduct above.
The term ‘reasonable grounds to suspect’ is based on the objective reasonableness of the reasons for the discloser’s suspicion.
Whistleblowing Investigative Team
Comprised of the CEO and/or Board delegate and a Whistleblower Protection Officer assigned by the CEO and / or Board.
The Investigative Team composition will be determined by the nature of the complaint: Individuals or business units/departments that are subject of the disclosure will not be involved.
Corporations Act 2001
The Corporations Act 2001 (Corporations Act) provides a consolidated whistleblower protection regime for Australia’s corporate sector: see Pt 9.4AAA
Legal protections are available to whistleblowers, including protections under the Corporations Act. Protections include : (a) identity protection (confidentiality) (b) protection from detrimental acts or omissions (c) compensation and other remedies and (d) civil, criminal and administrative liability protection.
ASIC (Australian Securities and Investments Commission)
ASIC is responsible for administering the whistleblower protection provisions in the Corporations Act.
Australian Charities and Not for Profit Commission.
Learning Links “eligible recipients” for receiving a whistleblowing complaint include your manager, General Managers, HR, CEO and Board Members.
Personal Work-Related Grievances
Examples of personal work-related grievances include workplace interpersonal conflicts between an individual and another employee, or a decision relating to the employment, the terms and conditions of the employment of the individual, transfer, promotion, suspension or termination of the employment of the individual.
Note this policy does not apply to personal work-related grievances.
https://asic.gov.au/about-asic/asic-investigations-andenforcement/whistleblowing/whistleblower-protections-for-not-for-profit-organisations/ Part 9.4AAA of the Corporations Act 2001 (Corporations Act).
Anyone who knowingly makes a false report/disclosure of Reportable Conduct may be subject to disciplinary action, including dismissal.
Disclosure of Reportable Conduct can be made anonymously
Legal protections are available to Whistleblowers, including protections under the Corporations Act. Protections include:
(a) identity protection (confidentiality) (b) protection from detrimental acts or omissions (c) compensation and other remedies and (d) civil, criminal and administrative liability protection.
Learning Links will ensure protections are afforded to all people making a whistleblower complaint and ensure fair treatment and no victimisation.
Protections will not extend if the Whistleblower is engaged in misconduct including false reports or disclosures.
Make Whistleblower Complaint in person, via email, telephone, or by post, with supporting details and evidence to your manager, a responsible person, HR, the CEO, or the Learning Links Board. Whistleblowing complaints can also be sent to: firstname.lastname@example.org
The CEO and Learning Links Board will be notified of all Whistleblowing Complaints within 48 hours of the complaint being received.
A Whistleblower Investigative Team will be established by the CEO and/or Board and the complaints handing process will commence within 48 hours and be concluded within 4 weeks unless an extension is communicated to the Whistleblower due to the complexity of the matter.
The compilation of the Investigative Team will be based on the nature of the complaint. The Investigative Team must include a representative from the Board.
This will include briefings with stakeholders and a thorough investigation of the complaint. This process may include conducting interviews, taking witness statements and other investigative evidence gathering processes.
It will also include communications with key stakeholders as required throughout the process.
The process will conclude with a final report.
Actions, as required, will be taken to address the complaint and to prevent future instances of reportable misconduct.
Updated March 2023