Our Policies

Whistleblower Policy/Procedure

1. Policy

Common Ground Queensland Ltd (CGQ) is committed to high standards of conduct and ethical behaviour and supports a culture and practice of transparency and accountability. The CGQ Board (Board), as the custodians and stewards of the organisation will remain vigilant and be prepared to listen to, initiate actions, and follow through on complaints related to misconduct, wrongdoing and improper dealings.

CGQ encourages the reporting of any genuine matters or behaviour that contravene CGQ’s Code of Conduct, Conflict of Interest Policy/Procedure, or any local or federal laws. Reportable conduct includes:

  • Corrupt activities
  • Conduct or practices which are illegal
  • Theft, fraud or misappropriation
  • Gross mismanagement or maladministration
  • Abuse of authority, and
  • Serious health or safety issues that are being ignored or are not being dealt with effectively through normal internal processes.

Whistleblowers will be protected from personal detriment or reprisal.

This policy does not apply to general complaints, personal grievances and feedback. For these matters, refer to the General Compliment, Complaints and Appeals Policy and Employee Grievance Procedure.

2. Definition

A whistleblower is someone with inside knowledge of an organisation who reports misconduct or dishonest or illegal activity that may have occurred within that organisation.

Whistleblowing is about reporting perceived or real malpractice. Reports not made in good faith or found to be malicious, deliberatively misleading, or frivolous may result in disciplinary action.

3. Guiding Principles

The Board and Chief Executive Officer (CEO) will ensure:

  • They understand the protection requirements for whistleblowers under the Corporations Act 2001.
  • There is a confidential and secure reporting process for whistleblowers.
  • They support and protect the interests and welfare of individuals who come forward from detriment or reprisal. This includes:
  • Dismissal or demotion
  • Any form of harassment or discrimination, and
  • Current or future bias.
  • All directors, staff and contractors are provided with information about how to progress different complaints and to use appropriate channels when the situation involves misconduct, wrong doing or improper dealings.

4. Protections for Whistleblowers

What are the Whistleblower Protections?

Whistleblower protections are the protections provided to whistleblowers to enable them to come forward to report misconduct without fear of retribution or personal detriment. This protection is provided by The Corporations Act 2001 (Cth) and the Taxation Administration Act 1953 (Cth)

Who can be an eligible Whistleblower?

  • An officer or employee (including volunteers)
  • An individual or an employee of a person that supplies services or goods to CGQ
  • An individual who is an associate of CGQ
  • A relative or dependents of any of the above, or a dependent of the spouse of any of the above
  • An individual prescribed by the Regulations as being an eligible whistleblower
  • An eligible whistleblower can remain anonymous and still qualify for protection.

When does a Whistleblower Qualify for Protection?

A whistleblower is entitled to protection under the Corporations Act if they make a qualifying disclosure to an eligible recipient.

A qualifying disclosure involves reporting conduct by CGQ or an officer or employee of CGQ that represents misconduct, an improper state of affairs or circumstances, or breach of the law.

This can include conduct that:

  • contravenes the Corporations Act, or the ASIC Act
  • constitutes an offence against another Commonwealth law that is punishable by imprisonment for 12 months or more
  • represents a danger to the public or the financial system, or
  • is prescribed by the Regulations.

To qualify for protection, the whistleblower must have reasonable grounds to suspect that the information they will disclose indicates misconduct. This does not include complaints, general feedback, or workplace grievances.

To qualify for protection, a whistleblower must make their disclosure to an eligible recipient. An eligible recipient is:

  • An officer, senior manager or CEO of CGQ
  • The Company Secretary of CGQ
  • An auditor or member of the audit team for CGQ
  • The Australian Securities and Investment Commission (ASIC)
  • The Australian Prudential Regulatory Authority (APRA)
  • A Commonwealth body nominated for this purpose in the Regulations (this does not include the ACNC)
  • A legal practitioner, if someone is seeking legal advice about whether the protections will apply to them.

What protections are available?

Whistleblowers, or potential whistleblowers, can be compensated for any loss, damage, or injury they suffer. It is illegal to fire, harass or discriminate against a whistleblower or potential whistleblower because someone thinks they made a disclosure.

5. Procedural Actions

  • A person who becomes aware of any matter or behaviour that they think seriously contravenes the CGQ Code of Conduct, Conflict of Interest Policy/Procedure, or local or Federal law should raise the matter with the Chairperson via 1300 059 244.
  • The Chairperson will act as the Whistleblower Investigations Officer.
  • The Chairperson will appoint a delegate to act as the Whistleblower Protection Officer. The Whistleblower Protection Officer will ensure the whistleblower’s anonymity is maintained (if requested) throughout and after the investigation and that they are not subjected to any detriment or reprisal.
  • The Chairperson will investigate all reported concerns to determine whether there is evidence in support of the matters raised, or alternatively to refute the report made.
  • If the reported concerns are substantiated, the Chairperson will notify the Board. The Board will take any necessary course of action.
  • For unsubstantiated reports, the Chairperson will inform the whistleblower about the outcome.
  • If it is determined that a false allegation has been made in bad faith, the Chairperson may consider it appropriate to refer to the Disciplinary Policy.
  • The Chairperson will document the claim, investigation and outcomes using the Whistleblower Reporting Tool.

6. Access to the Policy

The policy will be available internally with all other CGQ Policies and Procedures. The Policy will also be made available to those outside the organisation via the CGQ website.

7. Related Documents

  • Board Induction Checklist
  • Board Register of Interests
  • Code of Conduct Policy (Governance System)
  • Conflict of Interest Disclosure Form
  • Conflict of Interest Policy/Procedure (Governance System)
  • Corporate Governance Manual (Governance System)
  • Corporations Act 2001
  • Disciplinary Policy
  • Employee Grievance Procedure
  • Employee Handbook
  • Employee Induction Checklist
  • Employee Induction Procedure
  • Register of Related Party Transactions
  • Staff Conflict of Interest Register
  • Standing Agenda Item 1.3 Declaration of Interests/Obligations (Board Meeting)
  • Whistleblower Reporting Tool

 

Version 8.0

Download Whistleblower Policy/Procedure

Acknowledgement of Country

Common Ground Queensland acknowledges the Turrbal and Jagera/Yuggera peoples as the Owners and Custodians of the land and waters we live and work upon.
 
We recognise and respect the historic and continued connection to land and water including the deep spiritual connection and relationship that First Nations people have to Country.
 
We recognise sovereignty was never ceded.
 
Common Ground Queensland acknowledges the ongoing impacts of colonisation on First Nations people and is committed to working in partnership with First Nations people to address the impacts of colonisation.