Whistleblower Disclosures Policy

2. Scope

This policy applies to

a) all individuals who may make, or receive, a disclosure, under the Aged Care Act, including Aged Care Workers, individuals accessing FACS and their Supporters and representatives;

b) all Eligible Whistleblowers and Eligible Recipients under the Corporations Act;

c) all team members responsible for the management of the processes and systems set out in this policy.

3. Policy Statement

3.1 Key principles

HammondCare is dedicated to ethical conduct that reflects our Mission and Mission in Action. We value a ‘speak up’ culture and compliance with all relevant laws and standards, and deliver aged and health care services ethically, legally, and with cultural sensitivity, emphasising:

• transparency and accountability in all activities,

• encourage early reporting of any suspected wrongdoing related to HammondCare,
  
  
• open communication through standard channels (e.g., team members to managers or feedback processes),
  
  
• alternative disclosure options for those uncomfortable with usual channels,
  
  
• support for reporting concerns,
  
  
• and ensuring protections for individuals who make disclosures.

Nothing in this policy is intended to change or take away any other protections which may be available at law. If there is inconsistency between this policy and the provision of relevant legislation, the provisions of the relevant legislation will apply to the extent of the inconsistency.

 

3.2 What disclosures are protected?

Aged Care Act

A disclosure is protected under the Aged Care Act if it is made orally or in writing to a person listed in section 3.4 and the discloser reasonably suspects the information shows a potential violation of the Act.

A disclosure may be made anonymously.

A Whistleblower may elect to have a disclosure managed as a complaint or feedback under the Aged Care Act. If a Whistleblower makes this election, they will not be afforded the protections set out in this policy.

 

Corporations Act

A disclosure is protected under the Corporations Act where it is made by an Eligible Whistleblower to an Eligible Recipient and the Eligible Whistleblower has reasonable grounds to suspect that the information included in the disclosure:

• concerns misconduct, or an improper state of affairs or circumstances;

• constitutes an offence against or contravention of a provision of the Corporations Act or:

  • the Australian Securities and Investments Commission Act 2001 (Cth);

  • the Banking Act 1959 (Cth);

  • the Financial Sector (Collection of Data) Act 2001 (Cth);

  • the Insurance Act 1973 (Cth);

  • the Life Insurance Act 1995 (Cth);

  • the National Consumer Credit Protection Act 2009 (Cth);

  • the Superannuation Industry (Supervision) Act 1993 (Cth);

• constitutes an offence against any other law of the Commonwealth which is punishable by imprisonment for a period of 12 months or more; or
• represents a danger to the public or the financial system.

 

Personal Work-Related Grievances (Corporations Act)

Personal work-related grievances typically concern employment arrangements, performance, pay, or personal matters without broader organisational impact, such as interpersonal conflicts. These grievances are usually not covered by this policy and should be addressed using the Staff Raising a Concern Policy.

However, if a grievance has significant implications for HammondCare—such as involving illegal activity, indicating systemic issues, or causing detriment in breach of policy—it may be treated as wrongdoing and may be managed according to this policy.

 

3.3 Who can make a disclosure?

Aged Care Act

Any individual can make disclosures under the Aged Care Act. This includes:

• all Aged Care Workers and other staff or volunteers;

• individuals accessing FACS and their Supporters;

• any other individual who becomes aware of information a disclosure of which would be protected under the Aged Care Act.

Corporations Act

An Eligible Whistleblower is an individual who is or has been:

• an officer, being a director or company secretary;

• an employee;

• an individual who supplies services or goods, or any employee of such an individual;

• an associate;
• a relative of any individual referred to in paragraphs 5.2(a) –5.2(d) (inclusive);
• a dependent of an individual referred to in paragraphs 5.2(a) –5.2(d) (inclusive).
  
  

3.4 Who can receive a disclosure?

We encourage you to report actual or suspected wrongdoing to us as soon as you become aware of it.

To be protected, the report must be made to one of the following people:

• One of HammondCare’s Disclosure Officers;

• HammondCare’s external whistleblowing service, Your Call;

• A director or officer of HammondCare or any member of the HammondCare Leadership Team;

• A Responsible Person – a senior manager of HammondCare who makes, or participates in making decisions that affect the whole, or a substantial part, of the business of HammondCare or who has the capacity to significantly affect its financial standing; or

• For reports in relation to taxation matters only, the Chief Financial Officer.

• an Appointed Commissioner or a member of the staff of the Commission;

• the System Governor, or an official of the Department;

• a Registered Provider;

• an Aged Care Worker of a Registered Provider;

• a police officer; or

• an Independent Aged Care Advocate.

 

Disclosures under the Aged Care Act, may also be made to:

• an Appointed Commissioner or a member of the staff of the Commission;

• the System Governor, or an official of the Department;

• a Registered Provider;

• an Aged Care Worker of a Registered Provider;

• a police officer; or

• an Independent Aged Care Advocate. 

 

Disclosures under the Corporations Act, may also be made externally to one of the following:

• An auditor, or a member of an audit team conducting an audit, of HammondCare;

• An actuary of HammondCare;

• One of HammondCare’s Disclosure Officers or Your Call;

• A legal practitioner for the purpose of obtaining legal advice or legal representation;

• ASIC;

• APRA (noting we are not a superannuation business and the entity may not deal with the disclosure); or

• A Commonwealth authority otherwise prescribed to receive disclosures.

A report under the Taxation Administration Act may also be made externally to the Commissioner for Taxation or a registered tax agent or BAS agent who provides tax agent services to HammondCare.

 

Disclosure Officers

To report internally, we encourage you to contact one of the following Disclosure Officers via 1800 998 111:

 

Your Call

Your Call is an external, independent provider that enables confidential reporting of Whistleblower concerns related to this policy. Reporting to Your Call also enables your report to be made anonymously if you choose to do so.

To report via Your Call, you can choose from the following reporting avenues:

• Online: https://www.yourcall.com.au/report You will be required to enter HammondCare’s unique identifier code HAMMOND.

• By phone using Your Call’s external reporting hotline: 1300 790 228 (9am to midnight AEST on business days).

How Your Call Works

Your Call uses an online message board which you will have access to after making the report. The message board allows you to:

• communicate with Your Call and with HammondCare with or without revealing your identity;

• securely upload any relevant documentation and/or material that you wish to provide;

• receive updates; and

• request support or report detriment.

If your report relates to a Disclosure Officer, Your Call will exclude that person from all communications when Your Call provide information about your report to us.

 

How to use Your Call if you have a Speech or Hearing Impairment

If you are deaf or have a hearing or speech impairment, you can contact Your Call online. If you would like to contact Your Call by phone, you can do so through the National Relay Service. Simply choose your contact method at www.relayservice.gov.au and request Your Call’s hotline 1300 790 228.

 

Public Interest Disclosures

You may make a protected disclosure in the public interest to a member of parliament or a journalist if:

• you previously made that disclosure to ASIC, APRA or another Commonwealth body prescribed by regulation; and

• at least 90 days have passed since the disclosure was made and you do not have reasonable grounds to believe that action is being, or has been, taken in response to the disclosure; and

• you have reasonable grounds to believe that making a further disclosure of the misconduct would be in the public interest; and

• after the end of the 90-day period you have notified the body to whom you made the disclosure (ASIC, APRA or other Commonwealth body) in writing with sufficient information to identify the previous disclosure, and state that you intend to make a public interest disclosure to a member of parliament or a journalist; and

• the extent of the information disclosed in the public interest disclosure is no greater than is necessary to inform the recipient of the misconduct or circumstances.
  
  

Emergency Disclosures

You can only make an emergency protected disclosure to a member of parliament or a journalist if:

• you previously made that disclosure to ASIC, APRA or another Commonwealth body prescribed by regulation; and

• you have reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the natural environment; and

• you notify the body to whom you made the disclosure (ASIC, APRA or other Commonwealth body) in writing with sufficient information to identify the previous disclosure, and state that you intend to make an emergency disclosure to a member of parliament or a journalist; and

• the extent of the information disclosed in the emergency disclosure is no greater than is necessary to inform the recipient of the substantial and imminent danger.

You should seek independent legal advice before making a public interest disclosure or an emergency disclosure to a member of parliament or a journalist.

 

3.5 Investigating a whistleblowing disclosure

Any individual receiving a disclosure under this policy must ensure that the disclosure is managed in accordance with this policy. This is to ensure that the protections available for Whistleblowers are not compromised and that we can meet our obligations under the Aged Care Act and Corporations Act.

All disclosures will be treated seriously. Appropriate action will be taken as soon as practicable after the disclosure is made.

Where appropriate, disclosures will be investigated according to this policy, generally by a Disclosure Officer, unless they have been excluded due to the nature of the disclosure. In some circumstances, HammondCare may engage a third party to conduct the investigation.

The purpose of such an investigation will be to determine whether there is any evidence to support the claims.

 

3.6 Protection and Support for Whistleblowers

If you make a Protected Report, you are entitled to the benefit of certain protections in accordance with the relevant legislation. These protections do not prevent Whistleblowers from being liable for any involvement in the wrongdoing that is the subject of the Protected Report.

Protecting the Whistleblower's Identity

If you make a Protected Report, your disclosure will be treated as confidential in accordance with legal requirements.

If you make a Protected Report, it is illegal for your identity, or information that is likely to lead to identification of your identity, to be disclosed, unless it is disclosed to:

• under the Aged Care Act:

  • an Appointed Commissioner or a member of the staff of the Commission;

  • the System Governor, or an official of the Department;

  • a police officer;

  • a legal practitioner for the purpose of obtaining legal advice or legal representation; or

  • any other individual, with the consent of the discloser.

• under the Corporations Act:
  
  
  • ASIC; Act:
  • APRA;
  • a member of the Australian Federal Police;
  • a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the disclosure; or
  • any other individual, with the consent of the discloser.

A person dealing with a Protected Report may disclose information that is reasonably necessary for the purposes of investigating the report. In such circumstances, reasonable steps will be taken to reduce the risk that you will be identified (for example by removing your personal information or other details that are likely to identify you).

 

To maintain confidentiality of a Whistleblower’s identity, HammondCare will:

• ensure personal information or references to the Whistleblower’s identity is redacted in all investigation and reporting documents;

• refer to the Whistleblower in gender-neutral terms;

• ensure that the information a Whistleblower provides and all materials relevant to a Protected Report are held securely with access limited only to the individuals necessary to investigate your Protected Report, and to support and protect the Whistleblower; and

• take reasonable steps to ensure its personnel understand the requirements of this policy. 

During an investigation, it may be necessary for us to tell the people who are believed to be involved in the wrongdoing about the alleged wrongdoing. This is to ensure a fair investigation and provide those people with an opportunity to respond to the allegations. Although we will not tell these people your identity unless you consent, it is possible that the details of the report may lead them to believe that they know the identity of the Whistleblower.

Any breach of confidentiality will be treated as a serious matter and may be the subject of disciplinary action up to and including dismissal or termination of engagement with HammondCare. Breaches of Whistleblower confidentiality are also an offence under the Corporations Act and the Taxation Administration Act and serious penalties apply for both individuals and corporations.

If you believe your confidentiality as a Whistleblower has been breached, you can make a complaint to one of the Disclosure Officers or by contacting Your Call. You can also lodge a complaint with ASIC, APRA or the ATO.

 

Anonymity – the Aged Care Act

Under the Aged Care Act, a Whistleblower may request that they, or any individual named in the disclosure, remain anonymous. If so, we must take such steps as reasonable to preserve the anonymity of such individuals. This may affect our ability to investigate and communicate with the Whistleblower about the disclosure.

It may be reasonable to disclose the Whistleblower’s name where it is necessary to lessen or prevent a serious threat to the health, safety or wellbeing of another individual.

 

Protection Against Detrimental Conduct

HammondCare protects Whistleblowers making Protected Reports and does not tolerate harm or threats against them or others involved in investigations.

Retaliating or threatening someone for raising a Protected Report is an offence under relevant legislation and carries serious penalties. Those affected may seek compensation or legal remedies if they suffer loss due to such actions or insufficient protection.

Detrimental conduct, such as victimisation or related threats based on disclosure suspicions, is not tolerated. Those responsible may face disciplinary action and penalties under the Aged Care Act or Corporations Act.

The following actions are not considered to be detriment:

• reasonable administrative action taken to protect a Whistleblower from detriment (e.g., relocating them to another office to prevent victimisation); and

• managing unsatisfactory work performance of a Whistleblower, in line with HammondCare’s usual performance management processes.
  
  

HammondCare is committed to protecting Whistleblowers from any detriment resulting from making a Protected Report by:

• Undertaking a risk assessment of the disclosure to effectively manage and mitigate potential risks of detriment to the Whistleblower;

• Implementing reasonable adjustments, where applicable, to ensure the Whistleblower can fulfil their work duties without exposure to possible detriment (e.g. changing reporting lines or workplace location); and

• Providing education and training to recipients of disclosures to enable them to recognise and avoid engaging in detrimental conduct.

If you believe you have experienced detriment, you are encouraged to submit a complaint to one of the Disclosure Officers listed in paragraph 3.4, or by contacting Your Call. Additionally, complaints may be lodged with ASIC, APRA, or the ATO.

 

Protection for Whistleblowers Against Litigation

If you make a Protected Report, you are protected from any of the following legal actions for doing so:

• Civil liability (e.g. any legal action against you for breaching an employment contract, a duty of confidentiality or another contractual obligation);

• Criminal liability (e.g. legal action against you for unlawfully releasing information, or other use of the Protected Report against you in a criminal proceeding (other than for making a false disclosure);

• Administrative liability (e.g. disciplinary action for making the Protected Report).

These protections do not prevent action being taken against you for any wrongdoing that you are involved in that is revealed in your report.

 

Other Supports for Whistleblowers

We will support you during the handling of your Protected Report at HammondCare.

If needed, a Protection Officer may be appointed to coordinate support and protection for Whistleblowers. A Protection Officer can:

• Assess the welfare and protection needs of Whistleblowers;

• Safeguard their interests under policy and law;

• Address concerns or risks of detriment.

Employees can also access Pastoral Care or the Employee Assistance Program (TELUS Health, 1800 835 871). More details are on the Intranet.

 

Secure record-keeping

We will maintain security and confidentiality in our record keeping by:

• securely storing all disclosure-related documents;

• restricting access to relevant personnel;

• limiting knowledge of the Whistleblower’s identity to those handling the case;

• ensuring investigation communications and documents are not sent to shared emails or printers; and

• ensuring investigators understand the requirements for handling Whistleblowers and disclosures.