Whistleblower Policy

The policy encourages people aware of wrongdoing to come forward if they identify a problem, and to feel safe doing so.  

Staffing and practices are in place to reduce the risk of poor conduct, and the need to report wrongdoing. By doing this, it safeguards the organisation’s reputation, values and ethics.

A whistleblower disclosure refers to behaviour that is: 

• dishonest 
• fraudulent 
• corrupt 
• illegal 
• unethical 
• in breach of internal policy (including the Code of Conduct) 
• misconduct or an improper state of affairs 
• a danger to the public. 

A whistleblower can be a: 

• current or former director, officer, associate or employee (including permanent, fixed or temporary) of Neami 
• contractor or consultant (including employee of contractors) who supply goods and services (whether paid or unpaid) to Neami 
• student of Neami 
• relative and/or dependent of any of the persons listed above.
   

To report wrongdoing at work, you must inform someone authorised to receive whistleblower disclosures. These people include: 

• Whistleblower Protection Officer/s 
• Board of Directors 
• CEO 
• Chief Operating Officer  
• Chief Financial Officer  
• General Counsel. 

The Whistleblower Protection Officer (WPO) makes sure the whistleblower receives protection and fair treatment. The WPO can receive whistleblower disclosures via email, directly, verbally or in writing. 

Neami has several WPO’s. These include: 

• Senior Manager, People, Capability & Culture  
• Senior Manager, Quality, Compliance & Risk 
• A member of General Counsel.
   

A whistleblower disclosure can be made via: 

• email: protecteddisclosures@neaminational.org.au  
• in person to a Whistleblower Protection Officer 
• phone: 03 8691 5300 
• post to a WPO: 
  • Attn: Whistleblower Protection Officer
    Neami National 
    4-8 Water Road 
    Preston  VIC  3072  

The WPO who receives the disclosure will review the content and determine whether to: 

• launch a formal investigation 
• refer the matter to be dealt with under a different Neami policy, or  
• take no further formal steps. 

If the WPO determines that a formal investigation is necessary, the WPO will refer the matter to the Whistleblower Investigation Officer or an external investigator (where appropriate) for investigation. 

Neami will never treat a whistleblower negatively for making a report, regardless of the outcome.  

Neami will do everything it can to make sure the whistleblower doesn’t receive any type of unfavourable treatment. However, this procedure will not protect the whistleblower if they are found to have engaged in serious misconduct or illegal conduct in the report. 

A disclosure can be made anonymously e.g. through the creation of an anonymous email account, and the identity of a whistleblower can’t be disclosed to a Court or Tribunal without a court order. However, it may be difficult for Neami to properly investigate anonymous reports. If authorities take legal action in relation to the reportable conduct or a disclosure is referred to an external authority e.g. police, ASIC or ACNC, early on for formal investigation, it may become necessary for a whistleblower to identify themselves. If a whistleblower is required or encouraged to disclose their identity, Neami will continue to ensure that the whistleblower is protected from retaliation. 

Neami will do everything it can to ensure the identity of a whistleblower remains confidential throughout the investigation process. Neami will not disclose a whistleblower’s identity unless: 

• the whistleblower consents to the disclosure of their identity 
• disclosure of the whistleblower’s identity is compelled by law 
• disclosure is necessary to prevent a serious threat to any person’s health or safety, or 
• it is necessary to protect or enforce Neami’s legal rights or interests or to defend any claims. 

A report may have serious consequences, including potential damage to the career prospects and reputation of people who are the subject of the reportable conduct. Therefore, it’s important that those who make a report under this procedure do so honestly and with genuine or reasonable grounds for believing that the information is correct or likely to be correct. Although the motivation of a whistleblower when making a report will not be considered relevant, if a report is found to be malicious, deliberately misleading or frivolous, the person making the report may be subject to disciplinary action. 

The WPO can initiate or coordinate support for employees who have or are in the process of making a report. As a first step, employees can also contact Neami’s employee assistance program, Benestar on 1300 360 364. 

A whistleblower within Neami who is, or considers themselves at risk of being, subjected to detrimental treatment as a result of making a report on objectively reasonable grounds should inform an appropriate WPO immediately. The WPO will work with them to take appropriate action, where possible, which may include making recommendations to the Misconduct Governance Committee, e.g. that the concerns be investigated. 

The WPO may be unable to assist if the whistleblower wishes to remain anonymous. Where requests cannot be met, the whistleblower will be told why. 

Neami is committed to ensuring that any person who discloses reportable conduct, acts as a witness or participates in any way with respect to a report of reportable conduct, does not suffer detriment or is not victimised or unfavourably treated. Any reports of such conduct will be thoroughly investigated and, if proven, those who have engaged in such conduct may be subject to disciplinary action, including dismissal.  

Neami whistleblowing documentation will be made available through: 

• Neami’s website and intranet 
• induction packs for all new employees 
• electronic link to all current employees and contractors 
• trainings, and 
• requests from staff.