Whistleblower Policy

1. Introduction

1.1 The Central Synagogue (‘TCS’) is committed to fostering a culture of legal, ethical and moral behaviour and where its directors, company officers, volunteers, employees, contractors, consultants and suppliers (within this Whistleblower Policy (‘Policy’) all of these people are represented by the term ‘Workers’), feel safe to speak up about matters that are of concern. This could be anything from illegal conduct to behaviour that isn’t in line with TCS values or relevant codes of conduct. Any associate or family member of any person in the above groups of people may also speak up as set out in this Policy with the relevant rights and protections also extended to them under this Policy.

1.2 TCS Workers are encouraged to speak up and constructively provide feedback, including calling out, at the time, behaviour that doesn’t feel quite right.

1.3 If a Worker does not feel comfortable doing this, or if they feel that they need support and protection, they can call or email the General Manager of TCS in the first instance (or if unavailable or they do not feel comfortable doing so) any member of the Executive of TCS to report a concern, including anonymously.

1.4 TCS recognises the value of transparency and accountability in its administrative and management practices and supports the reporting of improper conduct.

1.5 This Whistleblower Policy and Procedure has been developed so that people can raise concerns regarding situations where they believe that TCS or anybody connected with TCS has acted in a way that constitutes serious wrongdoing, including unethical, illegal, corrupt or other inappropriate conduct, as set out below.

1.6 This Policy explains:

  • how a Member can report concerns;
  • which concerns will be assessed as ‘Whistleblower Disclosures‘ or ‘Disclosures’ (e.g. fraud, theft, bribery, harassment (sexual or non-sexual), making false statements and failing to disclose conflicts of interest, but not work-related grievances that impact a Member);
  • how Whistleblower Disclosures will be managed; and
  • how TCS will support and protect a Member if they are a Whistleblower.

2. Purpose

2.1 This Policy aims to:

  • encourage a person to report improper conduct in good faith if they know or have reasonable grounds to suspect such conduct;
  • provide a mechanism to report misconduct or dishonest or illegal activity that has occurred or is suspected within TCS;
  • enable TCS to deal with reports from whistleblowers in a way that will protect the identity of the whistleblower and provide for secure storage of the information;
  • ensure that any Reportable Conduct (as defined below) is identified and dealt with appropriately;
  • ensure that individuals who disclose wrongdoing as contemplated by this Policy can do so safely, securely and with confidence that they will (to the extent required by law) be protected and supported; and
  • help to ensure that TCS maintains the highest standards of ethical behaviour and integrity.

2.2 Speak up and report it – We encourage Workers at TCS to report any concerns in line with our policies and procedures.
2.3 Our expectations of Workers – TCS expects Workers to act honestly and ethically to the extent they wish to make a report as contemplated by this Policy, and for any such report to be made on reasonable grounds.
2.4 Confidentiality and consent – TCS will maintain confidentiality of all reports and protect the identity of reporters to the fullest extent possible as permitted by law. While TCS encourages Whistleblowers to identify themselves to the General Manager of TCS or such other person as a member of the Executive of TCS may nominate and notify accordingly (the
‘Whistleblower Protection Officer’), or if unavailable or Whistleblowers do not feel comfortable doing so, any member of the Executive of TCS (‘Eligible Recipients’)) you may opt to report your concerns anonymously (including by email to central@centralsynagogue.com.au).

3. Reportable Conduct

3.1 Who can make a report?

  • A Whistleblower is a person who, whether anonymously or not, attempts to report misconduct or dishonest or illegal activity that has occurred in connection with activities at TCS, and wishes to avail themselves of protection (to the extent permitted by law) against reprisal for having made the report.
  • A Whistleblower may be a current or former Member of TCS.

3.2 What is Reportable Conduct?

  • A person may disclose any information that the person has reasonable grounds to suspect concerns misconduct, or an improper state of affairs or circumstances in relation to TCS (‘Reportable Conduct’).
  • Reportable Conduct is any past, present or likely future activity, behaviour or state of affairs considered to be:
    • dishonest;
    • corrupt (including soliciting, accepting or offering a bribe, or facilitating payments or other such benefits);
    • fraudulent or theft;
    • illegal activities (e.g. theft, sexual assault, laundering money, knowingly making false statements, misreporting financial information, selling illicit drugs, violence or threatened violence, or property damage);
    • in breach of regulation, internal Policy or any code of conduct
    • improper conduct relating to accounting, internal controls, compliance, actuarial, audit or other matters of concern to the whistleblower;
    • a serious impropriety or an improper state of affairs or circumstances;
    • endangering health or safety;
    • damaging or substantially risking damage to the environment;
    • a serious mismanagement of TCS’s resources;
    • detrimental to TCS’s financial position or reputation;
    • concealing Reportable Conduct; or
    • constitutes an offence against, or breach of, certain Laws (c) Reportable Conduct is to relate to the conduct of Workers.

3.3 What is not Reportable Conduct?

  • While everybody is encouraged to speak up and report any concerns to TCS, not all types of conduct are intended to be covered by this Policy or by the protections under the Corporations Act 2001 (Cth). This Policy does not apply to complaints about TCS or personal work-related grievances, unless the grievance includes victimisation due to whistleblowing. Those matters are dealt with under other policies or at law.
  • Personal work-related grievances are those that relate to the discloser’s current or former employment with TCS that might have implications for the discloser personally but do not:
    • (i) have any other significant implications for TCS (or another entity); or
    • (ii) relate to any conduct or alleged conduct about a disclosable matter.
  • Personal work-related grievances include grievances such as interpersonal conflicts, decisions about promotions, decisions that do not involve a breach of workplace laws, or terms and conditions of employment.
  • However, personal work-related grievances may be covered by this Policy where they include information about misconduct or the grievance includes victimisation due to whistleblowing.

3.4 What information do I need to make a report?

  • To make a protected report you must know of or have reasonable grounds to suspect the Reportable Conduct.
  • For a report to be investigated, it must contain enough information to form a reasonable basis for investigation. It is important therefore that you provide as much information as possible. This includes any known details about the events underlying the report such as the:
    • date;
    • time;
    • location;
    • name of person(s) involved;
    • possible witnesses to the events; and
    • evidence of the events (e.g. documents, emails).
  • In your report, include any steps you may have already taken to report the matter elsewhere or to resolve the concern.

3.5 How can I make a report?

A report must be made to the Whistleblower Protection Officer (or if unavailable or the Whistleblower does not feel comfortable doing so) any member of the Executive of the TCS.

4. Protection

4.1 How will I be protected if I speak up about Reportable Conduct?

  • If you have reasonable grounds to suspect Reportable Conduct, even if it turns out your concerns are mistaken, TCS will (unless otherwise required by law) support and protect you and anyone else assisting in the investigation.
  • TCS will not tolerate any detriment inflicted on you because you or somebody else has made, or might make, a report of Reportable Conduct. Examples of a detriment include:
    • retaliation, dismissal, suspension, demotion, or termination of your role (unless otherwise justified on legal grounds);
    • bullying, harassment, threats or intimidation;
    • discrimination, subject to current or future bias, or derogatory treatment;
    • harm or injury;
    • damage or threats to your property, business, financial position or reputation; or
    • revealing your identity as a Whistleblower without your consent or contrary to law;
    • threatening to carry out any of the above actions.
  • This protection applies regardless of whether any concerns raised in a report are found to be true, provided that you are at all times acting honestly and ethically and made the report on reasonable grounds.
  • This protection also applies to individuals conducting, assisting or participating in an investigation.
  • Anyone found to be victimising or disadvantaging another individual for making a disclosure under this Policy will be disciplined and may be dismissed or subject to criminal or civil penalties.
  • If you believe you have suffered a detriment in violation of this Policy, we encourage you to report this immediately to the Whistleblower Protection Officer or any member of the TCS Executive. Your concerns of being disadvantaged will be treated as a report of Reportable Conduct in line with this Policy.
  • You may also be entitled to other protections available at law for making a report, which may depending on the relevant circumstances include:
    • protection from civil, criminal or administrative legal action; and/or (ii) protection from having to give evidence in legal proceedings.

4.2 False reports or disclosures

  • Disclosures made under or in connection with this Policy must be made on reasonable grounds. Anyone who knowingly makes a false report or false disclosure of Reportable Conduct will likely breach our Values and Code of Conduct and may be subject to disciplinary action, including dismissal and will not be afforded the protection otherwise offered by this Policy.
  • The disciplinary action will depend on the severity, nature and circumstance of the false disclosure.-
  • There could also be legal consequences if you knowingly make a false disclosure.

5. Handling and investigating a disclosure

5.1 Upon receiving a Disclosure made under or in connection with this Policy, TCS will endeavour to assess the disclosure to determine whether:

  • it qualifies for protection;
  • a formal, in-depth investigation is required;
  • there are any conflicts of interest prior to investigating; and (d) external authorities need to be notified.

5.2 TCS will endeavour to provide the discloser with regular updates.
5.3 TCS may not be able to investigate a disclosure if it is unable to contact the discloser.
5.4 TCS will handle and investigate disclosures made under or in connection with this Policy in accordance with the Whistleblowing procedure set out in this Policy.
5.5 If TCS decides that your Whistleblower Disclosure will be investigated, TCS will conduct or commission an investigation with the support of internal or external resources as appropriate.
5.6 Investigations will follow an objective and fair process and will be conducted independently of you and the person(s) the subject of the Whistleblower Disclosure. TCS will seek to conduct the investigation as quickly as the circumstances allow.
5.7 If there is insufficient information to warrant further investigation, or the initial investigation immediately identifies there is no case to answer, the individual who reported the Reportable Conduct will be notified at the earliest possible opportunity.

6. Outcome

6.1 Once an investigation ends, TCS or its investigator will issue a report on, or summary of, the findings and the evidence on which the findings are based to the relevant management or decision maker at TCS.

6.2 Depending on the circumstances of the Whistleblower Disclosure, and subject to any privacy or confidentiality concerns, you, and/or the person who is subject of the Whistleblower Disclosure:

  • will be informed of the findings; however,
  • neither you nor the person who is the subject of the Whistleblower Disclosure will be provided with a copy of the investigation report/ summary.

7. How will TCS ensure confidentiality?

7.1 Protecting Your Identity

  • A discloser can choose to remain anonymous while making a disclosure, over the course of the investigation and after the investigation is finalised. TCS will do all it can to protect confidentiality.
  • However, we encourage all individuals to disclose their identity when raising a concern. This will assist us to gather further information on your report. If you choose to disclose your identity, your details will be treated confidentially to the fullest extent possible (including as may be required by law) in connection with the investigation. TCS will take measures to protect your identity such as by redacting your personal information, storing your information and disclosure securely, referring to you in a gender-neutral context and only allowing qualified staff (or law enforcement agencies) to investigate your disclosures.
  • You may choose to report your concerns anonymously. However, if you choose to disclose your identity, your details will be treated confidentially to the fullest extent possible in connection with the investigation, and your identity will not be disclosed unless:
    • you consent in writing to the disclosure;
    • the disclosure is made to ASIC or the Australian Federal Police (AFP);
    • the disclosure is made to a legal practitioner for the purpose of obtaining advice;
    • the disclosure is authorised under the Corporations Act 2001 (Cth);
    • disclosure is necessary to prevent or lessen a threat to a person’s health, safety or welfare;
    • on reasonable grounds TCS considers your conduct has been improper and itself constitutes or may constitute Reportable Conduct; and/or (vii) otherwise required by law.
  • It is illegal for a person to identify a discloser or disclose information that is likely to lead to the identification of the discloser unless an exception above applies. If you feel that your confidentiality has been breached, you can lodge a complaint with TCS for investigation. TCS may also take disciplinary action against individuals that breach the confidentiality of a discloser (unless otherwise permitted as contemplated by the terms of this Policy), including summary dismissal.

7.2 Protecting you against Detrimental Conduct

  • We will take all reasonable steps to protect you from Detrimental Conduct (defined below).
  • You will have access to a Whistleblower Protection Officer as provided in this Policy. The Whistleblower Protection Officer will:
    • assess and monitor any risks of Detrimental Conduct; and
    • take reasonable steps to protect you from those risks. These reasonable steps may (as relevant) include making modifications to your workplace at TCS or the way you perform your work duties.
  • ‘Detrimental Conduct’ means any actual or threatened conduct against you or another person for making, or proposing to make, a Whistleblower Disclosure, or because you have been involved in the investigation of a Whistleblower Disclosure. It includes (solely as a result of making such disclosure):
    • termination, suspension, demotion or involuntary transfer;
    • harassment (sexual or non-sexual), bullying or intimidation;
    • over or under work;
    • missed promotion;
    • denied training opportunities;
    • undermined authority or heavily scrutinised work; (vii) harm or injury, including psychological harm; and (viii) any other conduct that constitutes victimisation. (d) Not all conduct will amount to Detrimental Conduct, such as disciplinary action in response to misconduct unrelated to your Whistleblower Disclosure (or where you intentionally make a Whistleblower Disclosure that you know isn’t true, or is misleading), or action that is reasonable to protect you from Detrimental Conduct. For the avoidance of doubt Detrimental Conduct does not comprise any actions set out in paragraphs (c)(i), (iii), (iv), (v) or (vi) above as a result of sub-standard or poor performance of a Member’s role (whether employed or voluntary) at TCS.
  • (e) We may, at our discretion, grant you immunity from internal disciplinary proceedings relating to matters that come to light as a result of your Whistleblower Disclosure.

8. Wellbeing support

8.1 The Whistleblower Protection Officer will provide reasonable assistance to you in maintaining your wellbeing, which may include providing strategies to minimise and manage stress resulting from making the Whistleblower Disclosure or referring you to counselling and/or other professional services as appropriate. TCS shall not be responsible for any costs associated with this including of any third party service providers.

8.2 You should immediately tell the Whistleblower Protection Officer if:

  • you are experiencing (or think you might experience) Detrimental Conduct; or
  • you are concerned about the actions being taken under this Policy. For example, if you think there has been a breach of your protection as a Whistleblower, or if you are concerned about an assessment made by TCS.

8.3 The Whistleblower Protection Officer will review the issues you have raised and, if material, escalate them to the Executive of TCS.

9. What happens if I am the subject of a Whistleblower Disclosure?

9.1 If you are the subject of a Whistleblower Disclosure we will do what we reasonably can to ensure that you receive fair treatment and an impartial investigation.

9.2 You may be informed of the allegations against you and, if so, you will be provided with an opportunity to respond to the allegations. Where you are made aware of the investigation, you will be informed of the investigation findings (subject to confidentiality requirements), however you will not be provided with a copy of the investigation report.

10. How are conflicts of interest managed under the policy?

10.1 All people with roles under this Policy must disclose any actual, potential or perceived conflicts of interest that they have in relation to a Whistleblower Disclosure to the Whistleblower Protection Officer or any member of the TCS Executive and manage those conflicts in accordance with the TCS’s Conflicts of Interest Policy.

10.2 In the event that an individual holding a role under this Policy has an actual, potential or perceived conflict in relation to a specific Whistleblower Disclosure or investigation, another person may be appointed for the purposes of that Whistleblower Disclosure.

11. Policy Review

11.1 This Policy will be reviewed and updated at least every two (2) years and earlier if lawfully required to incorporate necessary updates and amendments to legislation and regulations.

11.2 Any proposed changes will be submitted to the TCS Board for approval before implementation.

12. General

The obligations of TCS set out in this Policy remain at all times subject to its requirement to comply with all laws and regulations applicable to it (which prevail to the extent of any inconsistency with this Policy).

 

Whistleblowing Procedure

1. Responsibilities

1.1 The Whistleblower Program Team (WP Team), comprised of the Whistleblower Protection Officer, who is (as relevant) responsible for:

  • performing the role of the Whistleblower Protection Officer (WPO) in the assessment and oversight of whistleblower reports;
  • providing advice and support to whistle-blower reporters;
  • maintaining a secure and restricted record of all reports made under this Policy; and arranging role-specific training as and when required to ensure that:
    • Workers are made aware of their rights and responsibilities in relation to whistleblowing; and
    • Workers are regularly encouraged to speak up about concerns of Reportable Conduct.

1.2 Whistleblowing Protection Officer(s) are responsible for:

  • Receiving whistleblower reports and protecting the interests of whistleblower reporters (to the extent contemplated by this Policy);
  • Determining whether the report falls within the scope of the Policy;
  • Determining whether and how a report should be investigated;
  • Appointing a Whistleblowing investigator where an investigation is deemed appropriate;
  • Ensuring investigations are conducted in accordance with this Policy;
  • Ensuring any reports involving a ‘Senior Manager’ are reported to the Board or the Executive;
  • Updating reporters on progress and details of outcomes to the fullest extent possible (including as permitted by law);
  • Maintaining to the fullest extent possible (including as permitted by law) confidentiality of the identity of and reports received by reporters;
  • Immediately reporting concerns in relation to any Detrimental Conduct to the Board or the Executive (provided that the concerns do not relate to them);
  • Determining the appropriate courses of action to remediate or act on the investigation;
  • Reporting matters to relevant authorities (as may be relevant and/or required by law);
  • Making recommendations to prevent future instances of reportable misconduct; and
    • Seeking to ensure the integrity of the Whistleblower Policy is maintained.

1.3 Whistleblower investigators are responsible for:

  • Investigating reports in accordance with this Policy and procedure;
  • Maintaining to the fullest extent possible (including as permitted by law) confidentiality of the identity of and reports received by reporters;
  • Gathering evidence and taking steps to protect or preserve evidence;
  • Making findings based on a fair and objective assessment of the evidence gathered during the investigation, and formalising this in a report;
  • Keeping comprehensive records about the investigation;
  • Making recommendations to the Whistleblowing Protection Officer about how to implement the strategy in relation to how reported misconduct can be stopped, prevented and/or mitigated in the future;
  • Reporting back to the Whistleblower Protection Officer on the progress of their investigation 14 days after the report and every 30 days thereafter (or such other timeframe that is considered to be reasonable in the circumstances); and
  • Complying with the directions of the Whistleblower Protection Officer in relation to any further follow up, and reporting action and requirements, including the implementation of any recommendations.