Respiratory Care WA Whistleblower Policy - Respiratory Care WA

Description

Respiratory Care WA is committed to ensuring that all its employees act at all times in compliance with all laws, and in compliance with our Mission, Values and Goals.

Purpose

This Policy applies to all directors, officers, employees, contractors and consultants of Respiratory Care WA. The purpose of this policy is to explain the procedure and protections available to individuals wishing to report misconduct or dishonest or illegal activity that may have occurred within Respiratory Care WA.

Scope

The following guidelines may be used by all directors, officers, employees, contractors and consultants of Respiratory Care WA.

Procedure

Respiratory Care WA recognises that any genuine commitment to detecting and preventing illegal and other undesirable conduct must include, as a fundamental cornerstone, a mechanism whereby employees and others can report their concerns freely and without fear of repercussion.

This policy aims to achieve the following benefits for Respiratory Care WA:

• more effective compliance with laws;
• more efficient fiscal management;
• a healthier and safer work environment;
• more effective management;
• improved morale; and
• A living record of the fact that Respiratory Care WA takes its governance obligations seriously.

Whistleblower Definition

A whistleblower is an Respiratory Care WA director, officer, employee, contractor, consultant or affiliate who whether anonymously or not, makes, attempts to make or wishes to make a report in connection with reportable conduct and where the whistleblower wishes to avail themselves of protection against reprisal for having made the report.

Eligible whistleblowers include:

• A director, officer or employee of Respiratory Care WA
• An individual or an employee of a person that supplies services or goods to Respiratory Care WA (including volunteers)
• An individual who is an associate of Respiratory Care WA
• A relative or dependent of any of the above, or a dependent of the spouse of any of the above

Reportable Conduct

Reportable conduct is conduct by any person employed by, who holds an office in, or is otherwise connected with, Respiratory Care WA, which in the view of the whistleblower, acting in good faith, is:

• dishonest;
• fraudulent;
• corrupt;
• illegal (including theft, drug sale/use, violence or threatened violence, and criminal damage against property);
• in breach of Commonwealth or state legislation or local authority by-laws;
• unethical;
• other serious, improper conduct;
• an unsafe work practice; or
• Any other conduct which may cause financial or non-financial loss to Respiratory Care WA, or otherwise which may be detrimental to the interests of Respiratory Care WA.

Making a report

Whistleblowers who are employees are encouraged to report matters in the first instance to their direct Manager. The Manager must advise the CEO immediately upon receiving a complaint under this Policy.

If, for any reason:

• The employee does not consider it appropriate to report the matter to their direct Manager they must immediately refer the matter to the CEO or the President at the address set out below; and
• the Manager does not consider it appropriate to advise the CEO, the Manager must immediately refer the matter to the President at the address set out below.

Whistleblowers who are not employees are requested to direct all allegations of Reportable conduct to either the CEO or the President at the email address below.

CEO – please contact the CEO directly on ceo@asthmawa.org.au or call (08) 9289 3600.

President – please contact the President by emailing president@asthmawa.org.au

Investigation

The CEO, or if the allegation concerns the CEO, the President, is responsible for conducting investigations into reports received from a whistleblower. All reports of reportable conduct will be the subject of a thorough investigation with the objective of locating evidence that either substantiates or refutes the claims made by the whistleblower.

The Board of Directors must be informed of any Reportable Conduct.

The rules of natural justice will be observed in that the investigation will be conducted without bias and any person against whom an allegation is made will be given the opportunity to respond.

The CEO, with the approval of the President, may engage external professionals to assist in any investigation process.

Confidentiality

If requested, the identity of the whistleblower will be kept confidential. Any commitment of confidentiality is subject to the requirements of the law which may require disclosure of the identity of the whistleblower in legal proceedings. Information obtained from a whistleblower will only be disclosed to the extent necessary to conduct an investigation into the matter, and to the extent set out in the reporting paragraph below, or if the whistleblower consents to the disclosure, or as may be required by law.

Communication with the whistleblower

Where possible and assuming the identity of the whistleblower is known, the whistleblower will be kept informed of the outcome of the investigation of his or her report, subject to privacy and confidentiality considerations. All whistleblowers must maintain confidentiality of all such reports, and not disclose the same to any person.

Will a whistleblower be penalised for reporting a matter?

Whistle-blowers who report matters in good faith, and provided he or she has not been involved in the conduct reported, will not be penalised or personally disadvantaged because they have reported a matter, by any of the following:

• dismissal;
• demotion;
• any form of harassment;
• discrimination; or
• current or future bias.

A whistleblower who believes he or she, or his or her family, has been the victim of any of the above by reason of their status as a whistleblower, should immediately report the same to the CEO, or if appropriate, the President.

Any employee or manager who is found to have dismissed, demoted, harassed, or discriminated against a whistleblower by reason of their status as a whistleblower, may be subjected to disciplinary measures, including summary dismissal.

A whistleblower who has been involved in the reported conduct may still be provided with immunity from disciplinary proceedings, by agreement with Respiratory Care WA. Respiratory Care WA, however, has no power to provide immunity from criminal prosecution.

Protection of Whistleblowers

Where it is not possible to maintain the anonymity of the whistleblower, the whistleblower may request of the CEO, or if appropriate, the President that an alternative means of protection such as a leave of absence be provided. Any such requests will be considered in good faith by the CEO.

False reporting

Where it is established by the CEO or if appropriate, the President that the whistleblower is not acting in good faith, or he or she has made a false report of reportable conduct, then he or she will be subjected to disciplinary proceedings, including summary dismissal.

Whilst not intending to discourage whistleblowers from reporting matters of genuine concern, it is strongly suggested whistleblowers ensure as far as possible that reports are accurate, complete, from first-hand knowledge, presented in an unbiased fashion (and any possible perception of bias of the whistleblower is disclosed), and without material omission.

Reporting

The CEO will report their findings and actions directly to the President. In cases where the CEO has been accused of reportable conduct, or where he or she has a close personal relationship with the person against whom the accusation is made, he or she will be excluded from the reporting process.

Relevant Legislation

Corporations Act 2001 (Cth)