Whistleblower Protection Policy
Whistleblower Protection Policy
Overview
At Sensis, we are committed to achieving our commercial goals while conducting our business ethically in line with all laws, regulations, industry codes and standards. Our Code of Conduct and other internal policies guide our conduct to ensure that we observe the highest standards of honesty and integrity in our business activities.
Purpose
The purpose of this policy is to:
- encourage and support disclosures of suspected wrongdoing;
- ensure individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be protected and supported; and
- support Sensis’ Code of Conduct and values.
How the policy can be accessed?
This policy is accessible through the Sensis intranet and on the Sensis external website.
Who does this policy apply to?
This policy applies to current or former officers, employees, suppliers (paid or unpaid) of goods or services to Sensis (such as secondees, contractors, and consultants) and associates of Sensis (as defined in the Corporations Act). It also applies to relatives, dependents or spouses of any of these people (Eligible Whistleblowers).
What are Disclosable Matters?
Eligible Whistleblowers can make a disclosure under this policy if they have reasonable grounds to suspect the occurrence of misconduct, or an improper state of affairs or circumstances within Sensis or a related body corporate (Disclosable Matters). Examples of Disclosable Matters are set out in Appendix A. A disclosure can still qualify for protection even if the suspicion turns outs to be incorrect.
Under this policy, Disclosable Matters excludes Personal Work-Related Grievances that do not have significant implications for Sensis that do not relate to the discloser. Examples of Personal Work-Related Grievances are set out in Appendix A. These sort of grievances should be raised by in accordance with Sensis’ Internal Resolutions Policy as they not within the scope of this policy.
False reports can have significant effects on the reputations of Sensis personnel and could also cause considerable waste of time and effort. Accordingly, any deliberately false disclosures under this policy will be treated as a serious disciplinary matter.
For protections to be afforded to a discloser under Whistleblower Laws, a report must be made by an Eligible Whisteblowers to an Eligible Recipient about a Disclosable Matter (Protected Disclosure). Other than in relation to Protected Disclosures, this policy does not override or replace any other Sensis policy or procedure, for example in relation to internal resolution, disciplinary action or employee privacy.
How do I make a disclosure?
If it is appropriate (and you are a Sensis employee), you are encouraged to raise these concerns with your manager, the manager of the relevant person, or the person concerned in the first instance (who may not be an Eligible Recipient). If you are external to Sensis or you would prefer not to follow this course you may disclose your concerns to STOPline, an independent third party and Eligible Recipient by visiting http://sensis.stoplinereport.com/ and then choosing to report via phone, fax, email, post or online (see the ‘How it Works’ section for details).
You may choose whether or not to make a whistleblowing disclosure anonymously. All disclosures made under this policy will be treated confidentially. If the whistleblowing report is investigated it may be necessary to reveal its substance (on a confidential basis) to people such as other employees, external consultants involved in the investigation process or, in appropriate circumstances, law enforcement agencies. In particular, it will often be necessary to disclose the fact of the whistleblowing report, and its substance, to the person who is the subject of the whistleblowing report. In certain circumstances a court or tribunal may order the production of information or documents regarding a whistleblowing report.
Sensis places great importance on providing employees with the opportunity to use the whistleblowing process for genuine disclosures. You must act in accordance with the Sensis value of honesty when using this process and you must not use the process for any purpose other than the good-faith reporting of unacceptable conduct. In return, Sensis will not tolerate reprisal action against any person who has made a disclosure in good faith.
Who else can receive a disclosure?
If you cannot make a disclosure through the above methods, you can also make a report directly to any of the following recipients to receive protection under Whistleblower Laws:
- A director, company secretary, company officer, or senior manager (i.e. a member of the Executive Leadership Team) of Sensis
- An auditor, or a member of the audit team, or actuary of Sensis
- ASIC or the Australian Prudential Regulation Authority (APRA) or other Commonwealth bodies prescribed by regulation, or
- For tax-related disclosures, a registered tax agent or BAS agent who provides tax agent services or BAS services to Sensis.
There are other ways you can make disclosures in certain limited circumstances, including to a regulator, or when making an emergency or public interest disclosure. Before you make any such disclosure you should seek independent legal advice to understand the criteria for making such a disclosure.
Who do I contact if I need more information about this policy?
Sensis employees can seek confidential information on the operation of this policy and how a report will be handled, without making a report, by contacting the General Counsel. However, if you require legal advice with respect to the Whistleblower Laws, then you must contact an external lawyer (not the Sensis General Counsel or other member of the in-house legal team). Disclosures to legal practitioners for the purpose of legal advice or representation in relation to the operation of the Whistleblower Laws are protected disclosures under Whistleblower Laws.
Support and Protections for Whistleblowers
Sensis is committed to ensuring that disclosers are not disadvantaged in any way from raising concerns about suspected Disclosable Matters in accordance with this policy. In particular, disclosers will not be disadvantaged by dismissal, demotion, harassment, discrimination, bias or other detrimental conduct.
Accordingly, Sensis will protect the confidentiality of the discloser’s identity unless:
- the discloser consents to the disclosure;
- the disclosure is required by law;
- the disclosure is necessary to prevent or lessen a serious threat to a person’s health and safety (unless the disclosure is a Protected Disclosure); or
- it is necessary to protect or enforce Sensis’ legal rights or interests or to defend any claims (unless the disclosure is a Protected Disclosure).
The Sensis Employee Assistance Program (EAP) is also available for all Sensis employees free of charge. Sensis employees can call EAP on 1300 360 362 for confidential and professional advice and counselling services.
Additional Protections under Whistleblower Laws
Under Whistleblower Laws, Protected Disclosures are afforded additional protections including:
- compensation and remedies – the discloser can seek compensation and other remedies through the courts if they suffer loss, damage or injury as a result of a disclosure and Sensis’ failure to take reasonable precautions and exercise due diligence to prevent the detrimental conduct
- civil, criminal and administrative liability protection. However, the protections do not grant immunity for any misconduct a discloser has engaged in that is revealed in their disclosure.
- ASIC, APRA or the Australian Federal Police;
- a legal practitioner for the purposes of obtaining legal advice of representation about the whistleblower process in the Corporations Act;
- a person or body prescribed by regulation; and
- with the consent of the discloser.
Sensis’ Disclosure Co-ordinator is responsible for investigating and resolving all reported complaints. The Disclosure Co-ordinator will convene a meeting with the CEO and the EGM - People and Communications to discuss the investigation approach for the allegations raised. If the issue involves or makes allegations about either the Chief Executive Officers of Sensis (CEO) or the EGM - People and Communications, that person will not be involved in the investigation process and will be replaced by the Chief Financial Officer (CFO).
All investigations will be conducted in a fair and independent manner although the investigation process may vary depending on the nature of the disclosure. All investigations carried out by Sensis or by an independent third party will follow the principles of procedural fairness and natural justice when conducting the investigation. This will generally involve:
- undertaking a fair, independent and discreet investigation into the substance of the report to determine whether there is evidence to support the matter raised;
- respecting individual confidentiality;
- collecting all available data and verifying the reporting information;
- in order to observe the rules of procedural fairness, interviewing any relevant person to understand their perspective;
- proceeding with due care and efficiency; and
- consulting appropriate bodies as required.
Where the Disclosure Co-ordinator deems necessary, the Disclosure Co-ordinator may appoint an external investigator to conduct the investigation, either in conjunction with the Disclosure Co-ordinator or independently.
The Disclosure Co-Ordinator shall advise the CEO and Audit Committee of the outcomes of the investigation. The CEO and Audit Committee will review the outcome and determine appropriate actions to respond to the matter.
Where possible, the discloser will be kept informed of the progress and outcomes of the investigations, subject to privacy and confidentiality considerations. If the discloser has chosen to report anonymously through STOPline, they will be given a unique code to be able to check the progress of their disclosure at any time.
You can see the full policy here
Policy last updated: 11 February 2020