Where a Whistleblower has made a report under this Policy they will be eligible for the following protections:
(a) Identity protection;
(b) Protection from detrimental acts or omissions;
(c) Compensation and other remedies; and
(d) Civil, criminal and administrative liability protection.
These protections apply not only to internal disclosures, but to eligible disclosures made to legal practitioners, regulatory and other external bodies, and to “public interest” and “emergency” disclosures that are made in accordance with the Corporations Act.
7.1 Identity Protection
Flybuys cannot disclose the Whistleblower’s identity, or information that is likely to lead to their identification except:
(a) to ASIC, APRA, or a member of the Australian Federal Police;
(b) to a legal practitioner for the purpose of obtaining legal advice or legal representation about the whistleblowing provisions of the Corporations Act;
(c) to a person or body prescribed by the Corporations Act regulations; or
(d) with the person’s consent.
The information contained in a disclosure a person has made under this Policy may be disclosed without their consent if the disclosure of this information is reasonably necessary to investigate the issues raised in the report, provided that:
(a) the information does not include the person’s identity; and
(b) all reasonable steps have been taken by Flybuys to reduce the risk that their identity will be revealed from the information provided.
It is unlawful for a person to identify a Whistleblower, or disclose information that is likely to lead to the identification of the discloser, outside of the circumstances listed above.
Flybuys will take all reasonable steps to reduce the risk that a person will be identified as a result of making a disclosure under this Policy and to ensure their identity remains confidential throughout the investigation process. Measures that Flybuys may take to protect a Whistleblower’s confidentiality include:
(a) ensuring that disclosures will be handled and investigated by qualified staff;
(b) redacting all personal information or reference to a Whistleblower witnessing an event;
(c) using gender neutral terms when referring to a Whistleblower;
(d) where possible, liaising with a Whistleblower to identify any aspects of their disclosure that could inadvertently identify them;
(e) limiting access to information to those persons investigating the disclosure;
(f) restricting the number of people who may be made aware of a Whistleblower’s identity;
(g) reminding those persons handling investigations of their confidentiality obligations.
The unauthorised disclosure of a Whistleblower’s identity, or information which may identify the Whistleblower, may be regarded as a disciplinary matter to be dealt with in accordance with Flybuys’ disciplinary procedures. In some circumstances, the disclosure of the identity of a Whistleblower or information that is likely to lead to the disclosure of the Whistleblower’s identity may be a criminal and civil offence under the Corporations Act.
Any concerns regarding breach of confidentiality should be raised with the WIO or the Chief Legal Officer & Company Secretary. You may also lodge a complaint with a regulator, such as ASIC, APRA or the ATO, for investigation.
In circumstances where, for any reason, the identity of the Whistleblower is known outside of the investigation process, Flybuys will take reasonable steps to protect the Whistleblower from retaliatory or discriminatory, action, detrimental conduct where it has sufficient authority to do so. flybuys has no power to offer any person immunity against prosecution in the criminal jurisdiction or from any civil action which may be brought against the Whistleblower.
7.2 Protection against detrimental treatment
Whistleblowers are protected from any conduct (including threats, whether express or implied) that causes them detriment in relation to the disclosure including where the person that is causing the detriment believes or suspects that the Whistleblower may have made or proposes to make a disclosure that qualifies for protection.
Detrimental conduct includes dismissal, injury in employment, alteration of an employee’s position or duties to their disadvantage; demotion, harassment, intimidation, harm or injury including psychological harm; discrimination, disciplinary action or damage to reputation, including damage to business or financial position; bias, threats or other unfavourable treatment connected with making a report.
Detrimental conduct does not include administrative action that is reasonable to protect a Whistleblower from detriment or management of unsatisfactory work performance where the action is in line with Flybuys’ performance management framework.
Flybuys is committed to making sure that a person is treated fairly and does not suffer detriment for making a disclosure under this Policy.
Flybuys may take the following measures to ensure that a person who has made a disclosure under this Policy is protected from detriment:
(a) allow the Whistleblower to perform duties at another location;
(b) reassign or relocate the Whistleblower to another role at the same or substantially the same level;
(c) make modifications to the Whistleblower’s workplace or way they perform their duties;
(d) develop processes for ensuring that management are aware of their responsibilities to maintain the confidentiality of disclosure, address the risks of isolation or harassment, manage conflicts, and ensure fairness when managing the performance of, or taking other management action relating to, a Whistleblower;
(e) develop procedures for how a Whistleblower can make a complaint if they believe they have suffered detriment and the actions Flybuys will take in response to such complaints;
(f) intervene where detrimental conduct has already occurred, including investigating and taking disciplinary action, allowing the Whistleblower to take extended leave, develop a career development plan for the Whistleblower that includes new training and career opportunities, or other compensation or remedies.
The Corporations Act imposes civil and criminal sanctions on persons who causes detriment to the Whistleblower.
7.3 Compensation and other remedies
Whistleblowers are entitled to seek compensation and other remedies through the courts if they suffer loss, damage, or injury because of a disclosure and the entity failed to prevent a person from causing the detriment. Whistleblowers should seek their own independent legal advice on the remedies available to them.
7.4 Other Protections
Whistleblowers are protected from the following liabilities in relation to a disclosure under this Policy:
(a) civil liability (e.g. any legal action against a person for breach of an employment contract, duty of confidentiality or other contractual obligation);
(b) criminal liability (e.g. attempted prosecution for unlawfully releasing information, or other use of the disclosure against a person in a prosecution (other than for making a false disclosure)); or
(c) administrative liability (e.g. disciplinary action for making the disclosure); and
(d) no contractual or other remedy may be enforced or exercised against a person based on the disclosure.