EFFECTIVE JANUARY 2020
OVERVIEW
Red Stitch Actors’ Theatre expects everyone involved with our company to act lawfully, with integrity, and according to our Code of Conduct.
If you suspect misconduct in any aspect of the company’s operations, we would like to hear about it. We encourage you to report suspected wrongdoing using the company’s Reporting, Complaint Handling and Investigation Procedures. However, if you don’t feel comfortable raising concerns with us openly, you may be eligible for protection as a Whistleblower under legislation.
PURPOSE OF THE POLICY
This policy is intended to:
provide information regarding whistleblower rights and protections;
support Red Stitch’s values, Code of Conduct and policies;
deter wrongdoing and encourage disclosures of wrongdoing;
ensure individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be protected and supported;
ensure disclosures are dealt with appropriately and in a timely manner;
provide transparency around the Red Stitch’s framework for receiving, handling and investigating disclosures;
support the Red Stitch’s long-term sustainability and reputation;
meet Red Stitch’s legal and regulatory obligations.
This policy explains:
how you can make a report that qualifies for whistleblower protection under legislation;
protections available to whistleblowers;
what support Red Stitch can provide to whistleblowers;
how the Red Stitch may investigate reports; and
what constitutes fair treatment of persons involved with a report.
WHAT DISCLOSURES QUALIFY FOR STATUTORY PROTECTION?
The Corporations Act and Tax Administration Act provide protection to whistleblowers in certain circumstances. To qualify as a disclosure eligible for legislative protection, three key requirements must be met:
You must be an eligible whistleblower;
Your report must relate to disclosable matters; and
You must make the report to an eligible recipient (e.g. – to suitable personnel at Red Stitch, or to ASIC, the Australian Prudential Regulation Authority or another Commonwealth body prescribed by regulation).
You must have reasonable grounds to suspect that the information you are disclosing about the company relates to misconduct or an improper state of affairs or circumstances.
TO WHOM DOES THE POLICY APPLY?
This policy applies to eligible whistleblowers. An eligible whistleblower is an individual who is, or has been, any of the following in relation to Red Stitch:
a) an officer or employee (e.g. – a current or former employee who is/was permanent, part-time, fixed-term or temporary; an intern, secondee, manager, or director);
b) a supplier of services or goods (whether paid or unpaid), including their employees (e.g. – current and former contractors, consultants, service providers and business partners);
c) an associate of Red Stitch; or
d) a relative, dependant or spouse of any of the above (e.g. – relatives, dependants or a spouse of current and former employees, contractors, consultants, service providers, suppliers and business partners).
WHAT MATTERS ARE RELEVANT TO THE POLICY?
A person qualifies for protection under the Corporations Act if they are an eligible whistleblower in relation to the company and have:
a) made a disclosure of information relating to a disclosable matter directly to an eligible recipient or to ASIC, APRA or another Commonwealth body prescribed by regulation;
b) made a disclosure to a legal practitioner for the purposes of obtaining legal advice or legal representation about the operation of the whistleblower provisions in the Corporations Act; or
c) made an emergency disclosure or public interest disclosure (more information on such disclosures is available here).
What is a ‘disclosable matter’?
Disclosable matters include:
illegal conduct such as theft, dealing in or use of illicit drugs, violence or threatened violence, or criminal damage against property;
financial irregularities, fraud, money laundering or misappropriation of funds;
offering or accepting a bribe;
failure to comply with, or breach of, legal or regulatory requirements;
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;
information that indicates a significant risk to public safety or the stability of, or confidence in, the financial system, even if it does not involve a breach of law.
An eligible whistleblower can still qualify for protection even if their disclosure is incorrect. However, knowingly making a disclosure that is false or without reasonable grounds is a serious matter which is likely to result in disciplinary action.
WHAT IS NOT AN ELIGIBLE DISCLOSURE?
Reports which are not made by eligible whistleblowers and/or are not made to eligible recipients are not protected under the Corporations Act. Disclosures that relate solely to personal work-related grievances and do not relate to detriment or threat of detriment to the discloser do not qualify for protection under the Corporations Act. Reports about personal work-related grievances are not covered under this policy and should be reported to your supervisor or the Board.
What are personal work-related grievances?
Personal work-related grievances relate to the discloser’s current or former employment and have implications for the discloser personally, but do not:
a) have any other significant implications for the entity (or another entity); or
b) relate to any conduct, or alleged conduct, about a disclosable matter.
Personal workplace grievances remain the jurisdiction of the Fair Work Act, and may include:
a) an interpersonal conflict between the discloser and another employee;
b) a decision that does not involve a breach of workplace laws;
c) a decision about the engagement, transfer or promotion of the discloser;
d) a decision about the terms and conditions of engagement of the discloser; or
e) a decision to suspend or terminate the engagement of the discloser, or otherwise to discipline the discloser.
A personal work-related grievance may still qualify for protection if:
a) it includes information about misconduct, or the information about misconduct includes or is accompanied by a personal work-related grievance (mixed report);
b) the entity has breached employment or other laws punishable by imprisonment for a period of 12 months or more, engaged in conduct that represents a danger to the public, or the disclosure relates to information that suggests misconduct beyond the discloser’s personal circumstances;
c) the discloser suffers from, or is threatened with, detriment for making a disclosure; or
d) the discloser seeks legal advice or legal representation about the operation of the whistleblower protections under the Corporations Act.
TO WHOM CAN WHISTLEBLOWER COMPLAINTS BE MADE?
You must make your disclosure to one of the following:
a director, company secretary, company officer, or senior manager of Red Stitch, or a related company or organisation. At Red Stitch, disclosures should be made to one of the following persons:
POSITION
Artistic Director
Chair
Board Director
PERSON CURRENTLY IN ROLE
Ella Caldwell
Sophia Hall
Sophia Hall
Correspondence may also be sent to any of the above
c/- PO Box 1291, WINDSOR VIC 3181.
an auditor, or a member of the audit team;
a person authorised by the company or organisation to receive whistleblower disclosures;
ASIC or the Australian Prudential Regulation Authority (APRA); or
your lawyer.
In the first instance, we encourage you to make your disclosure to a representative of Red Stitch. You may make your report anonymously to any of the above individuals or organisations.
PROTECTIONS FOR WHISTLEBLOWERS
The following protections are available to eligible whistleblowers who make eligible reports to eligible recipients:
Statutory protections
The individual is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the report.
No contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the individual on the basis of the disclosure
In some situations, if the disclosure is made to ASIC or another prescribed Commonwealth authority, the information won’t be admissible in evidence against the individual other than in respect of the falsity of the information.
These protections don’t grant an eligible whistleblower immunity from any misconduct the whistleblower has engaged in, that is revealed in their disclosure.
The protections apply from the time an eligible report is made, irrespective of whether a disclosure has been made internally to Red Stitch or to a legal practitioner, regulatory body or as a public interest or emergency disclosure in accordance with the requirements of the Corporations Act.
An eligible whistleblower may also be eligible to seek compensation and other remedies if they suffer loss, damage or injury in specific circumstances, including in relation to detriment suffered in connection with the whistleblowing.
Anonymity and confidentiality
An individual who qualifies for protection has the right to anonymity unless they consent to their identity being disclosed in connection with their eligible report.
By making an eligible report under this policy, an eligible whistleblower consents to their information (including their identity, unless they have elected to remain anonymous) being recorded and accessible by the relevant eligible recipient(s).
All information Red Stitch receives from an eligible whistleblower will be held securely and in confidence, including the fact a disclosure has been made and any records created in connection with it. Subject to compliance with legal requirements, Red Stitch will:
not disclose an eligible whistleblower’s identity unless they consent to that disclosure;
ensure any information provided in an eligible report is only disclosed to the extent reasonably necessary to conduct an investigation or administer this policy, or as required for the purpose of seeking legal advice; and
take reasonable steps to reduce the risk an eligible whistleblower will be identified, including by removing information that may lead to identification.
Other steps Red Stitch will take in practice to protect the confidentiality of an eligible whistleblower’s identity include:
contacting an eligible whistleblower (where possible) to help identify aspects of their report that could inadvertently identify them; and
educating and regularly reminding individuals involved in handling and investigating an eligible report about confidentiality requirements.
This protection does not extend to disclosure of the individual’s identity to ASIC, a member of the Australian Federal Police, or a lawyer for the purpose of obtaining legal advice or legal representation in relation to the operation of the Corporations Act.
Other than in circumstances required by law, any unauthorised disclosure of information without an eligible whistleblower’s consent will be a breach of this policy and dealt with under the Red Stitch’s disciplinary procedures. It may also be illegal and an offence subject to penalties under the legislation.
If an eligible whistleblower believes there has been a breach of confidentiality, they can make a report about this using the same process as for making an eligible report. An eligible whistleblower may also lodge a complaint with a regulator, such as ASIC or the ATO.
Protection from retaliation, harassment, victimisation
Red Stitch is committed to ensuring that an eligible whistleblower making a report on reasonable grounds under this policy will not suffer detrimental treatment or be disadvantaged as a result of doing so, even if the report is subsequently determined to be incorrect or is not substantiated.
The Foundation will take reasonable steps to ensure that an eligible whistleblower does not suffer detrimental treatment because they have made a disclosure or propose to make a disclosure in accordance with this policy. These steps include:
assisting an eligible whistleblower to develop strategies to help minimise and manage stress or other challenges that result from making an eligible report or its investigation;
considering alternative work arrangements for an eligible whistleblower; or
conducting a risk assessment to assess and seek to manage the risk of detriment to an eligible whistleblower.
Detrimental treatment includes dismissal, injury, demotion, discrimination, harassment, intimidation, disciplinary action, bias, threats or other unfavourable treatment. Detrimental treatment does not include managing unsatisfactory work performance that is unrelated to a report. A person who subjects an eligible whistleblower to detrimental treatment because they have made or may make an eligible disclosure will be in breach of this policy and will be dealt with under Red Stitch's disciplinary procedures. This is a serious matter which may also expose the person to civil and criminal sanctions.
HOW WILL RED STITCH INVESTIGATE ELIGIBLE REPORTS?
After receiving an eligible report, the Red Stitch eligible recipient(s) will assess the report – with legal advice if required – to determine whether it is covered by this policy, qualifies for protection and should be investigated.
If an investigation is considered necessary, it will be conducted in a thorough and fair manner. The investigation may be conducted internally or externally, and the process will vary depending on the nature and content of the eligible report. Individuals may be interviewed as part of an investigation. All investigations are treated as confidentially as practicable, consistent with the need to investigate the matter and subject to legal requirements.
If you are asked to participate in an investigation, you are expected to:
cooperate fully;
not withhold, tamper with, or fail to communicate relevant information;
maintain and safeguard the confidentiality of an investigation to the extent possible, except as otherwise permitted by applicable law; and
not make false statements or otherwise mislead internal or external auditors, investigators, legal counsel, Red Stitch representatives, regulators, or other government entities. Doing so may be grounds for immediate termination of employment or other relationship with Red Stitch and may also be a criminal act that can result in severe penalties.
Following an investigation, a report may be produced at the discretion of the Red Stitch. Circulation of any report (taking into account confidentiality) will be at the Red Stitch’s discretion and will be restricted to individuals who will be involved in determining any action to be taken.
Wherever possible, an eligible whistleblower will be kept informed of the progress of the investigation subject to privacy and confidentiality obligations. As a general rule, an eligible whistleblower will be informed of the results of an investigation once the investigation is finalised. In some circumstances, privacy, confidentiality or other constraints may limit the feedback that can be provided.
Treatment of persons mentioned in eligible reports
Red Stitch is committed to ensuring the fair treatment of any officer or employee of the company who is mentioned in a report made under this policy by:
conducting a fair and objective investigation process;
respecting the confidentiality of all parties during the investigative process, and maintaining confidentiality of the investigation as far as is reasonably practicable;
advising the person of the outcome of the investigation where and to the extent reasonably appropriate to do so; and
providing human resources and/or counselling support where it is reasonably required and viable for the company to do so.
HOW IS THIS POLICY MADE AVAILABILE?
This policy is available to all employees by request to the General Manager (gm@redstitch.net) or by visiting our website at www.redstitch.net.
WHERE CAN I FIND FURTHER INFORMATION?
Further general information is available via the ASIC website.
It is recommended that you seek you seek your own legal advice, particularly if you are considering acting on the rights afforded to you under legislation.
HOW CAN I RAISE A CONCERN OR COMPLAINT WHICH FALLS OUTSIDE OF THIS POLICY?
If you have a concern regarding Red Stitch which is not covered under this policy, please follow the Red Stitch Reporting, Complaint Handling and Investigation Procedures.
ALSO AVAILABLE
DISCRIMINATION, HARASSMENT, SEXUAL HARASSMENT & WORKPLACE BULLYING POLICY