Life Ed Australia – Whistleblower Policy
1. Purpose and Scope
1.1 Life Education Australia (Company) is committed to operating with a culture of ethical and appropriate corporate behaviour in all of its business activities. This includes ensuring that the Company acts with integrity, honestly and in accordance with applicable legislation and regulations.
1.2 While conduct can be reported through the normal channels of the Company’s line management, there may be times where you believe the matters has not been effectively resolved or that it is inappropriate or difficult for matters to be reported through these channels, or you otherwise prefer to report under this Policy in order to receive the protections described in this Policy.
1.3 The purpose of this Whistleblower Policy (Policy) is to:
(a) support the Company’s ([Code of Conduct]);
(b) ensure that Qualifying Disclosures (section 3.1) are dealt with appropriately;
(c) provide transparency regarding the Company’s processes for receiving, handling and investigating Qualifying Disclosures;
(d) provide information about how the Company will protect whistleblowers from Detriment (section 6.12); and
(e) aid in the deterrence of corrupt, illegal, or other undesirable conduct.
1.4 The Corporations Act 2001 (Cth) (Corporations Act) and the Taxation Administration Act 1953 (Cth) provide protections for persons who make a Qualifying Disclosure (Whistleblower Protection Scheme).
1.5 This Policy:
(a) explains when a disclosure may qualify for protection under the Whistleblower Protection Scheme;
(b) provides information about how Qualifying Disclosures may be safely and securely made;
(c) explains how they will be received and handled;
(d) sets out the processes involved in investigating Qualifying Disclosures appropriately and in a timely manner; and
(e) details the protections that apply to Qualifying Disclosures.
2. Key Principles of this Policy
2.1 The Company values and promotes a speaking up culture, where all Disclosing Persons (section 3.4) feel comfortable to raise matters that are of legitimate concern to them relating to the Company’s operations.
2.2 This Policy is an important tool in deterring corrupt, illegal or other undesirable conduct and uncovering such conduct that may not otherwise be reported or uncovered.
2.3 This Policy is a part of the Company’s corporate governance framework, assisting the Company to meet its legal and regulatory obligations.
3. Requirements for a Qualifying Disclosure
What is a Qualifying Disclosure?
3.1 A disclosure will qualify for protection under the Whistleblower Protection Scheme (Qualifying Disclosure) if:
(a) it is a disclosure by a Disclosing Person to:
i. an Eligible Recipient (section 3.5); or
ii. the Australian Securities and Investments Commission (ASIC), the Australian Prudential Regulatory Authority (APRA), or the Commissioner of Taxation through the Australian Tax Office (ATO) in relation to tax matters, a prescribed Commonwealth authority, or a legal practitioner (to obtain legal advice or legal representation about the operation of the Whistleblower Protection Scheme (sections 4.5 to 4.10); and
(b) the Disclosing Person has reasonable grounds to suspect that the disclosure concerns a Disclosable Matter (sections 3.6 to 3.9).
3.2 Public interest and emergency disclosures also qualify for protection (sections 4.8 to 4.10).
3.3 Disclosures that are not Qualifying Disclosures do not qualify for protection. Non-qualifying disclosures may be subject to other legislation, such as the Fair Work Act 2009 (Cth).
Who is a Disclosing Person?
3.4 A Disclosing Person could be any current or former:
(a) officer (including a director) or employee of the Company;
(b) individual who supplies goods or services to the Company whether paid or unpaid (which may include, among others, contractors, consultants, business partners, volunteers and service providers);
(c) employee of a person that supplies goods or services to the Company whether paid or unpaid; and
(d) individual who is a relative, spouse or dependant (or the dependant of a spouse) of any of the above persons.
Who is an Eligible Recipient?
3.5 An Eligible Recipient of a Qualifying Disclosure under the Whistleblower Protection Scheme and in relation to this Policy is any one of the following:
(a) an officer or senior manager of the Company;
(b) an auditor or actuary of the Company; or
(c) a person authorised by the Company to receive Qualifying Disclosures (section 4.1).
For the purposes of this Policy an ‘auditor’ is an external person or entity acting in that capacity to review or audit financial reports of the Company as required by the Corporations Act.
What is a Disclosable Matter?
3.6 A Disclosable Matter under the Whistleblower Protection Scheme is information that:
(a) concerns misconduct or an improper state of affairs or circumstances in relation to the Company; or
(b) indicates that the Company or one of its officers or employees has engaged in conduct that:
i. constitutes an offence against any of the following Commonwealth legislation: Corporations Act, Australian Securities and Investments Commission Act 2001, Banking Act 1959, Financial Sector (Collection of Data) Act 2001, Insurance Act 1973, Life Insurance Act 1995, National Consumer Credit Protection Act 2009, Superannuation Industry (Supervision) Act 1993, Competition and Consumer Act 2010 — Schedule 2 (Australian Consumer Law) and any instrument made under these Acts;
ii. constitutes an offence against Commonwealth legislation that is punishable by imprisonment for 12 months or more;
iii. represents a danger to the public or the financial system; or
iv. is prescribed by the regulations made under Part 9.4AAA of the Corporations Act.
3.7 The misconduct or an improper state of affairs can also be in respect of tax affairs.
3.8 Disclosable Matters do not necessarily involve a contravention of a law. For example, ‘misconduct or an improper state of affairs or circumstances’ could involve conduct that, whilst not unlawful, indicates a systemic issue of concern about which the relevant regulator should know to properly perform its functions. It may also relate to business behaviour and practices that may cause consumer harm. Also, information that indicates a significant risk to public safety or the stability of, or confidence in, the financial system is a disclosable matter, even if it does not involve a breach of a particular law.
3.9 Further examples of Disclosable Matters include:
(a) illegal conduct, such as theft, dealing in or use of illicit drugs, violence or threatened violence, and criminal damage against property;
(b) fraud, money laundering, or misappropriation of funds;
(c) offering or accepting a bribe;
(d) financial irregularities;
(e) actions threatening the environment and/or health and safety of others;
(f) practices involving modern slavery;
(g) failure to comply with, or breach of, legal or regulatory requirements; and
(h) engaging in or threatening to engage in Detrimental conduct against a person who has made a disclosure or is believed or suspected to have made, or be planning to make, a disclosure.
3.10 Disclosing Persons can still qualify for the protections under the Whistleblower Protection Scheme even if their disclosure turns out to be incorrect or unsubstantiated, as long as they had reasonable grounds to suspect that a Disclosable Matter existed at the time of the disclosure.
3.11 Generally, disclosures that relate solely to personal work-related grievances do not qualify for protection under the Whistleblower Protection Scheme to the extent that the information disclosed:
(a) concerns a personal work-related grievance of the Disclosing Person; and
(b) does not concern a contravention, or an alleged contravention of the Detriment provisions in the Whistleblower Protection Scheme (section 6.10).
3.12 A disclosure will concern a personal work-related grievance of the Disclosing Person if the information:
(a) concerns a grievance about any matter in relation to the Disclosing Person’s employment, or former employment, having or tending to have implications for the Disclosing Person personally;
(b) does not have significant implications for the Company; and
(c) does not concern conduct or alleged conduct described in sections 3.6 to 3.9 above.
3.13 Examples of disclosures regarding personal work-related grievances that may not qualify for protection include:
(a) an interpersonal conflict between a Disclosing Person and another employee;
(b) a decision relating to the employment, transfer or promotion of the Disclosing Person;
(c) a decision relating to the terms and conditions of employment or engagement of the Disclosing Person; or
(d) a decision to suspend or terminate the employment or engagement of the Disclosing Person, or otherwise discipline the Disclosing Person.
3.14 A disclosure of a personal work-related grievance may still qualify for protection if it:
(a) relates to a Disclosable Matter and a personal work-related grievance (i.e., it is a mixed disclosure);
(b) concerns a potential breach of Commonwealth laws punishable by a period of imprisonment of 12 months or more;
(c) concerns conduct that represents a danger to the public;
(d) concerns misconduct that extends beyond the Disclosing Person’s personal circumstances;
(e) concerns allegations that the Disclosing Person or another person has suffered, or has been threatened with, Detriment as a result of the Disclosing Person making a Qualifying Disclosure; or
(f) involves a Disclosing Person seeking legal advice about the operation of the Whistleblower Protection Scheme.
3.15 Disclosures that relate solely to personal-work related grievances that do not qualify for protection under the Whistleblower Protection Scheme will generally be dealt with by Management.
4. How to make a disclosure under this Policy
How do I make a disclosure?
4.1 While disclosures can be made directly to any Eligible Recipient (section 3.5), the Company encourages Disclosing Persons (section 3.4) who have reasonable grounds to suspect a Disclosable Matter (section 3.6) to make a disclosure by contacting the Whistleblower Officer via email at whistleblower@lifeed.org.au.
4.2 The Whistleblower Officer is a member of the Company’s Board, appointed from time to time.
Anonymity
4.3 It is preferred that Disclosing Persons identify themselves when making a disclosure, as this greatly assists with handling the disclosure, including any investigation process. However, Disclosing Persons may choose to make their disclosure anonymously and remain anonymous over the course of the investigation and after the investigation is finalised. They may also decide not to answer questions that they feel could reveal their identity at any time, including during follow-up conversations. In these circumstances, for Qualifying Disclosures, the protections under the Whistleblower Protection Scheme still apply.
4.4 If a disclosure is made anonymously, the Disclosing Person should provide sufficient information to allow the matter to be properly investigated and the Company encourages Disclosing Persons to provide an anonymous email address, and adopt a pseudonym for the purpose of the disclosure, through which additional questions can be asked and information provided and to assist in protecting anonymity. Disclosing Persons should be aware that it may be possible for their identity to become known.
External disclosures
4.5 While the Company encourages Disclosing Persons to make disclosures internally, a Disclosing Person may choose to make a disclosure about a Disclosable Matter directly to a regulator in the relevant jurisdiction. ASIC, APRA, the ATO (in relation to tax affairs only) or another Commonwealth body prescribed by regulations are able to receive disclosures that qualify for protection under the Whistleblower Protection Scheme.
4.6 Disclosures of information to a qualified legal practitioner for the purpose of taking legal advice or legal representation in relation to the operation of the Whistleblower Protection Scheme also qualify for protection under the Whistleblower Protection Scheme (even in the event that the legal practitioner concludes that a disclosure does not relate to a Disclosable Matter).
4.7 Where a Disclosing Person has previously made a Qualifying Disclosure to ASIC, APRA, or another Commonwealth body prescribed by regulation, that person may be eligible to make a disclosure that qualifies for protection under the Whistleblower Protection Scheme, to a journalist or to a Member of Parliament (being a Member of an Australian Commonwealth or State Parliament or an Australian Territory Legislature) — being a Public Interest Disclosure or Emergency Disclosure — if they meet the criteria set out at sections 4.8 to 4.9.
4.8 A Public Interest Disclosure is a disclosure made to a journalist or Member of Parliament where:
(a) at least 90 days have passed since the previous making of a Qualifying Disclosure to ASIC, APRA or another prescribed Commonwealth body;
(b) the Disclosing Person does not have reasonable grounds to believe that action has been, or is being taken in relation to their Qualifying Disclosure;
(c) the Disclosing Person has reasonable grounds to believe that making a further Qualifying Disclosure is in the public interest;
(d) after 90 days have passed, the Disclosing Person has given prior written notice to ASIC, APRA or the Commonwealth body to which they made their previous Qualifying Disclosure, outlining that they intend to make a Public Interest Disclosure and providing sufficient information so as to identify their previous Qualifying Disclosure; and
(e) the extent of the information disclosed in the public interest disclosure is no greater than to inform the journalist or Member of Parliament of the misconduct or improper state of affairs or circumstances, or other conduct falling within the scope of the Whistleblower Protection Scheme.
4.9 An Emergency Disclosure is a disclosure made to a journalist or Member of Parliament where:
(a) a Qualifying Disclosure has previously been made to ASIC, APRA, or another prescribed Commonwealth body;
(b) the Disclosing Person has 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;
(c) the Disclosing Person has given prior written notice to the Commonwealth body to which they made their previous Qualifying Disclosure, outlining that they intend to make an Emergency Disclosure and providing sufficient information so as to identify the previous Qualifying Disclosure; and
(d) only includes information to the extent necessary to inform the journalist or Member of Parliament of the substantial and imminent danger is disclosed.
4.10 Disclosing Persons should seek the advice of an independent legal adviser before making a disclosure to a regulator in a jurisdiction, a Public Interest Disclosure, or an Emergency Disclosure, as outlined in sections 4.8 to 4.9. It is important that a Disclosing Person understands the criteria for protection under the relevant legislation.
5. How a Qualifying Disclosure is handled under this Policy
Receipt and handling of a Qualifying Disclosure
5.1 All disclosures will be assessed to determine whether the disclosure has the necessary characteristics of a Qualifying Disclosure.
5.2 Assessments will usually be conducted within a maximum of ten business days; and, where contactable, Disclosing Persons will be informed whether their disclosure has been accepted as a Qualifying Disclosure or not.
5.3 The Eligible Recipient will determine next steps, which may involve an investigation (formal or informal), undertaking further inquiries, or other steps being taken in relation to a Qualifying Disclosure.
5.4 Non-Qualifying Disclosures may be referred to other persons to take appropriate action.
Investigations
5.5 Any investigation will generally involve the Whistleblower Officer making inquiries and collecting evidence in respect of the Qualifying Disclosure. While investigations may generally take up to three months to complete, they may be longer and vary on a case-by-case basis (dependent on several factors, including but not limited to the quality of information provided in a disclosure, and the availability of information and witnesses).
5.6 Employees about whom disclosures are made will generally be given an opportunity to respond to the relevant allegations made in the Qualifying Disclosure at an appropriate time.
5.7 Where the Whistleblower Officer is aware of the Disclosing Person’s identity, they must take reasonable steps to minimise the likelihood that they expose the Disclosing Person’s identity or information that may lead to the Disclosing Person being identified — unless the Disclosing Person has consented to their identity being disclosed. See section 6 for further information.
5.8 Investigations may be limited where the Disclosing Person withholds this consent or where information available to the Whistleblower Officer is otherwise limited.
6. How a Disclosing Person is protected under this Policy
Confidentiality
6.1 Under the Whistleblower Protection Scheme, Disclosing Persons making a Qualifying Disclosure are protected at law by the requirement that their identity, and information that may lead to their identification, must be kept confidential, subject to relevant exceptions outlined below.
6.2 Exception for consent: A Disclosing Person’s identity can be disclosed with their consent. If a Disclosing Person qualifies for protection, it is likely that the Disclosing Person will be asked to provide consent to the disclosure of their identity or information that is likely to lead to their identification. This would be to facilitate any investigation and/or resolution of the matter. If consent is withheld, it may not be possible to adequately investigate and respond (if at all) to the disclosure.
6.3 Exception for disclosure to authorities: It is lawful to disclose a Disclosing Person’s identity to ASIC, APRA, the Australian Federal Police or the ATO (such bodies can disclose the identity of a Disclosing Person to specified authorities to help them in the performance of their functions or duties). Disclosures to a legal practitioner for the purpose of obtaining advice or representation about the application of the Whistleblower Protection Scheme, are also lawful.
6.4 Exception to disclose certain information: It is lawful to disclose information that may lead to the identification of the Disclosing Person without the Disclosing Person’s consent if this is reasonably necessary for the purpose of investigating the matter (provided the information does not include the Disclosing Person’s identity and the Company takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the information being disclosed).
6.5 Under the Whistleblower Protection Scheme, breaching the principal confidentiality protection regarding the discloser’s identity and/or information likely to lead to the identification of the discloser is a criminal offence and those involved may be the subject of criminal liability (including penalties, imprisonment) and/or civil liability (including penalties) and/or disciplinary action by the Company.
6.6 All individuals involved will ensure that all files and documents are kept secure.
6.7 In order to minimise the risk of a breach of confidentiality, where appropriate, action may be taken, including the partial redaction of reports, the use of appropriate language in communications, and the use of pseudonyms or non-identifying descriptors when referring to the Disclosing Person. At the time of making a Qualifying Disclosure, Disclosing Persons should alert Eligible Recipients to information in their disclosure that will or is likely to lead to their identification as the Disclosing Person.
6.8 In practice, and despite the best efforts of those involved, a Disclosing Person’s identity may still be ascertained
including if the Disclosing Person has previously mentioned to other people that they are considering making a disclosure, the Disclosing Person is one of a very small number of people with access to the information or the disclosure related to information that a Disclosing Person has previously been told privately and in confidence.
6.9 If there is a breach of confidentiality, a Disclosing Person can lodge a complaint with an Eligible Recipient or a regulator such as ASIC, APRA or the ATO for investigation.
Protection from Detrimental Acts or Omissions
6.10 Disclosing Persons are protected under the Whistleblower Protection Scheme from victimisation and suffering any Detriment by reason of the Qualifying Disclosure (see section 6.12 for examples). It is unlawful for a person to engage in conduct against another person that causes, or will cause, Detriment:
(a) in circumstances where the person believes or suspects that the other person or any other person made, may have made, proposes to make or could make a Qualifying Disclosure; and
(b) if the belief or suspicion held by that person is the reason or part of the reason for their conduct.
6.11 Threats of Detriment are also unlawful if the person making the threat intended to cause fear that a Detriment would be carried out or was reckless as to whether the person against who it was directed would fear the threatened Detriment being carried out. Such a threat could be express or implied, conditional or unconditional.
6.12 Detriment includes without limitation:
(a) dismissal of an employee;
(b) injury of an employee in his or her employment;
(c) alteration of an employee’s position or duties to his or her disadvantage;
(d) discrimination between an employee and other employees;
(e) harassment or intimidation of a person;
(f) harm or injury to a person, including psychological harm;
(g) damage to a person’s property, reputation, business or financial position; or
(h) any other damage to a person.
6.13 Conduct that does not cause Detriment includes:
(a) administrative action that is reasonable for the purpose of protecting a Disclosing Person from Detriment
(e.g., moving a discloser who has made a disclosure about their immediate work area to another office to protect them from Detriment); and/or
(b) managing a Disclosing Person’s unsatisfactory work performance, in circumstances where such action is in line with the relevant The Company entity’s performance management framework.
6.14 Employees of the Company found to have engaged in conduct that may cause Detriment may be subject to disciplinary action. Any person that engages in conduct that may cause Detriment may also be subject to criminal liability (including penalties and/or imprisonment) and/or civil liability (including penalties) in respect of that conduct and the Detriment caused.
6.15 Any person who suffers any loss, damage or injury because of Detriment associated with a disclosure can seek compensation through the Courts if the Company failed to take reasonable precautions and exercise due diligence to prevent the Detrimental conduct under the Whistleblower Protection Scheme.
6.16 If any person becomes aware of conduct that may cause Detriment occurring, they should report this to the Whistleblower Officer.
6.17 Under the Whistleblower Protection Scheme, Courts have broad scope to make orders remedying a Detriment or threatened Detriment. These include injunctions, compensation orders (including against individual employees and their employer), reinstatement, exemplary damages and the making of apologies. For example, civil and criminal sanctions apply to breaches of the Whistleblower Protection Scheme in Australia.
Immunities
6.18 In Australia, a Disclosing Person who makes a disclosure that qualifies for protection under the Whistleblower
Protection Scheme will not be subject to criminal, civil and/or administrative liability (including disciplinary action) by the Company for making the disclosure and no contractual or other remedy or right may be enforced or exercised against the Disclosing Person on the basis of the Qualifying Disclosure. However, that does not prevent the person being subject to civil, criminal or administrative liability because of the conduct of the person revealed by the Qualifying Disclosure.
7. Reporting, Reviews and Escalation of Qualifying Disclosures
Reporting
7.1 Where practicable and appropriate, Disclosing Persons will be contacted periodically to provide them with a status update at appropriate times, including when any investigation has commenced, while any investigation is in progress, and at the end of any investigation to inform them that the investigation has been completed and of the final outcome of the investigation. The frequency and the timeframe of any updates may vary depending on the nature of the disclosure and any investigation. The Company may also be restricted in the level of information that can be provided to a Disclosing Person when providing updates and there may be circumstances where it may not be appropriate to provide details of the outcome of an investigation to the Disclosing Person (e.g., due to privacy concerns).
7.2 Reporting relating to Qualifying Disclosures will be provided to the Whistleblower Officer and the Board Audit Committee, as appropriate. While the method for documenting and reporting the findings of an investigation will depend on the nature of the disclosure, it may include a summary report of the findings. Any reporting of findings will have regard to applicable confidentiality requirements.
Complaints
7.3 The Company takes its responsibilities under the Whistleblower Protection Scheme seriously. Where a Disclosing Person believes that:
(a) an Eligible Recipient or other person involved in the receipt, handling or investigation of their Qualifying Disclosure has breached the requirements relating to the confidentiality of the Disclosing Person’s identity; or
(b) another person has engaged in conduct that has caused, is causing or will cause Detriment to either the Disclosing Person or a third person, in circumstances where the person believes or suspects that the Disclosing Person, or any other person, made, may have made, proposed to make, or could make a Qualifying Disclosure, they may raise their concerns directly with the Whistleblower Officer.
Other Persons Mentioned in a Qualifying Disclosure
7.4 The Company will take all reasonable steps to ensure that any employee or other person who is the subject of or mentioned in a Qualifying Disclosure will generally be, if appropriate under the circumstances:
(a) informed about the matter;
(b) given a reasonable opportunity to respond to the Whistleblower Officer if any investigation is conducted; and
(c) informed of the outcome of the investigation (but will not be given a copy of the investigation report).
8. Compliance and Administration
Breaches
8.1 A breach of the protections provided under the Whistleblower Protection Scheme will be treated as a serious disciplinary matter.
8.2 The Company will treat all reports of Disclosable Matters seriously and endeavour to protect anyone who makes a Qualifying Disclosure in line with this Policy. However, false reports can have significant effects on the reputation of the Company and would also cause considerable waste of time and effort. A deliberately false disclosure under this Policy will be treated as a serious disciplinary matter, a consequence for which may include dismissal.
Review and Updates
8.3 The Policy owner will review and update this Policy document as required and at a minimum every two years to maintain relevance.
Availability
8.4 This policy is available on the Company’s website.
Policy
8.5 This Policy is not a term of any contract, including any contract of employment, and does not impose any contractual duties, implied or otherwise, on the Company. This Policy does not constitute a representation by the Company. This Policy may be varied or replaced by the Company from time to time.
9. Version Control
| Policy Application | Life Education Australia |
| Policy Approver | Life Education Australia Board of Directors |
| Policy Owner | Whistleblower Officer |
| Policy Version Number | Original |
| Policy Version Date | 13 November 2024 |
| Policy Review Cycle | Biannual |
| Linked Documents | Code of Conduct |
