Whistleblowing policy

The purpose of this policy is to:

Provide a clear framework within which Eligible Whistleblowers can confidently disclose information relating to any Disclosable Matters or suspected Disclosable Matters without fear of Detriment.
Outline how St John of God Health Care will respond to and investigate disclosures of Disclosable Matters or suspected Disclosable Matters
Describe St John of God Health Care's obligations in complying with the whistleblower protection provisions in the Corporations Act 2001 (Cth) (“Corporations Act”) and the Taxation Administration Act 1953 (Cth).
Contribute to the St John of God Health Care's Strategic enabler of Strengthening Our Culture.

This policy applies to:

St John of God Health Care Inc and any related body corporate
caregivers
supplier of services or goods (“Contractors”) or an employee of a supplier
visiting medical officers
student or volunteers
diocesan Catholic chaplains or representative of other faiths
trustees
board members
officers
associates
other health practitioner, accredited or contracted, who provides care or services to patients, clients and caregivers of St John of God Health Care relatives, dependents or spouses of an individual listed above.

Whistleblowing

St John of God Health Care is committed to fostering a strong culture of honest and ethical conduct and behaviour, legislative compliance and excellent corporate governance, in line with its Vision, Mission and Values.

The purpose of whistleblowing is to eradicate unethical behaviour in the workplace. A key component to workplace ethics and behaviour is integrity or being honest and doing the right thing at all times. St John of God Health Care encourages individuals who have dealings with St John of God Health Care to raise concerns when they have reasonable grounds to suspect conduct or behaviour relating to misconduct or an improper state of affairs or circumstances (a “Disclosable Matter”).

This policy provides protections to Eligible Whistleblowers who make a Protected Disclosure in accordance with the Corporations Act, including confidentiality (protection of their identity) and protection from Detriment.

Making a disclosure

1. To be eligible for protection, a disclosure must be:

made by an Eligible Whistleblower
made to an Eligible Recipient
the Eligible Whistleblower must have reasonable grounds to suspect the information concerns a Disclosable Matter in relation to St John of God Health Care.

2. An Eligible Whistleblower can make a Protected Disclosure to an Eligible Recipient by email, telephone, letter, in-person or via the Your Call online portal.

3. The contact details for internal Eligible Recipients are available on CORA. Individuals who do not have contact details for an internal Eligible Recipient are encouraged to use St John of God Health Care’s independent third party provider, Your Call.

St John of God Health Care’s response to disclosures

1. St John of God Health Care will:

a. Appoint an appropriately qualified and independent senior caregiver to the position of Protected Disclosure Officer.
b. Appoint an appropriately qualified and independent senior caregiver to the position of Whistleblower Protection Officer.
c. Appoint an appropriately qualified and independent person to the position of Investigation Officer.
d. Not appoint the positions of Investigation Officer and Protected Disclosure Officer to the same person. The Protected Disclosure Officer and Investigation Officer must operate and be seen to operate independently of each other and must act in such a way they discharge the two separate functions independently of each other. The Investigation Officer and Protected Disclosure Officer will also be independent from the Eligible Whistleblower and the other parties involved in the disclosure of Disclosable Matters received.
e. Assess whether the disclosure is a Protected Disclosure and advise the individual.
f. Assess any Protected Disclosure and decide on whether an investigation is required or an alternative response is suitable in the circumstances.
g. Aim to conduct investigations in a timely manner, noting that the scope and timeframe for any investigation undertaken may differ depending on the information that has been disclosed.
h. Seek to provide the individual with updates where appropriate (and where contact details have been provided) and subject to any legal and confidentiality constraints.
i. Follow the processes and procedures set out in GO GRC0004 0001 Whistleblowing Roles and Responsibilities Procedure.
j. Not tolerate any actions by others that attempt to prevent or stop an Eligible Whistleblower from making a Protected Disclosure.
k. Take reasonable steps to enable an Eligible Whistleblower to make a Protected Disclosure without fear of Detriment.
l. make this policy accessible on the St John of God Health Care external website; CORA and the St John of God Health Care policy library.

2. Individuals must:

a. Cooperate fully with any investigations undertaken under this policy.
b. Act consistently with St John of God Health Care’s values in making a Protected Disclosure (eg not act maliciously, vexatiously or make disclosures they know are untrue).

Protections for eligible whistleblowers

1. The following protections are available to Eligible Whistleblowers under the Corporations Act:

a. identity protection (confidentiality)
b. protection from Detriment
c. protection from some types of liability
d. compensation and other remedies.

2. These protections apply to Protected Disclosures that are made to an Eligible Recipient in accordance with the Corporations Act.

Confidentiality and anonymity

1. An Eligible Whistleblower may:

a. Make a Protected Disclosure on an anonymous basis and still receive the protections provided under the Corporations Act.
b. Choose to remain anonymous while making a Protected Disclosure, over the course of the investigation and after the investigation is finalised.
c. Refuse to answer any questions that they feel could reveal their identity.

2. St John of God Health Care encourages an ongoing two-way communication to allow for follow-up questions and to enable St John of God Health Care to provide feedback or updates throughout the process to the extent appropriate in the circumstances.

3. On receipt of a Protected Disclosure, St John of God Health Care will seek the Eligible Whistleblower’s consent to disclose their identity.

a. If consent is given, the information provided will be used to the extent reasonably necessary to investigate the disclosure, and to maintain governance over the Disclosable Matter.
b. If consent is not given and the Eligible Whistleblower requests to remain anonymous, St John of God Health Care may be limited in its ability to respond to and investigate the Protected Disclosure. The Protected Disclosure may still be referred to the Investigation Officer for investigation, but the Investigation Officer will take all reasonable steps to reduce the risk that the Eligible Whistleblower is identified as a result of the investigation.

4. St John of God Health Care will take steps to protect confidentiality, including but not limited to:

a. Where appropriate, redacting personal information from documents and referring to the Eligible Whistleblower in gender-neutral terms.
b. Securely storing information relating to a Protected Disclosure and any corresponding communications or investigation reports, including only sending related materials to secure printers.
c. Where consent has been given to disclose the Eligible Whistleblower’s identity, continuing to limit this disclosure to those reasonably required to know.
d. Reminding each person who is involved in handling or investigating a Protected Disclosure about the confidentiality requirements, including that an unauthorised disclosure of identity may be a criminal offence.

5. St John of God Health Care may disclose an Eligible Whistleblower’s identity, or information that is likely to lead to the identification of the Eligible Whistleblower, in the following circumstances:

a. Where the disclosure is made to the Australian Securities and Investments Commission (“ASIC”), the Australian Prudential Regulation Authority (“APRA”) or a member of the Australian Federal Police.
b. Where the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation.
c. Where the disclosure is required or permitted by law.
d. With the consent of the Eligible Whistleblower.

6. St John of God Health Care may need to disclose information which is likely to lead to the Eligible Whistleblower’s identification, without directly disclosing the Eligible Whistleblower’s identity. This information may be disclosed in the following circumstances:

a. Where such information is reasonably necessary for the purposes of investigating a Disclosable Matter.
b. Where all reasonable steps are taken to reduce the risk that the Eligible Whistleblower will be identified.

7. If an Eligible Whistleblower believes a breach of confidentiality has taken place, they may lodge a complaint with an Eligible Recipient.

8. A person who breaches the confidentiality protections afforded to an Eligible Whistleblower may be subject to serious consequences, including disciplinary action/termination of engagement and/or civil and criminal penalties.

Detriment

1. St John of God Health Care does not allow any form of Detriment to be taken against, or threatened to be taken against an individual because of a belief or suspicion that they (or someone else) have made, may have made, proposes to make, or could make, a disclosure that qualifies for protection. This protection also applies to persons conducting, assisting or participating in an investigation into a Protected Disclosure.

2. St John of God Health Care may take steps to protect an Eligible Whistleblower (or other individual) from Detriment. What is appropriate in the circumstances will vary, but may include:

a. Assessing the risk of Detriment.
b. Making available support services (eg the Employee Assistance Program).
c. Assisting with strategies to help minimise and manage stress, time or performance impacts, or other challenges resulting from the disclosure.
d. ensuring that St John of God Health Care’s management are aware of their responsibilities to maintain confidentiality.
e. modification of work rosters or responsibilities.
f. offering a leave of absence.

Protection from some types of liability

1. An Eligible Whistleblower may also be entitled to protections from other types of liability in certain circumstances, including:

a. Protection from civil liability (eg any legal action against the Eligible Whistleblower for breach of an employment contract, duty of confidentiality or another contractual obligation) related to making the Protected Disclosure.
b. Protection from criminal liability (eg attempted prosecution of the Eligible Whistleblower for unlawfully releasing information, except for making a false disclosure) related to making the Protected Disclosure.
c. Protection from administrative liability (eg disciplinary action) related to making the Protected Disclosure.
d. Protection from contractual or other remedies being sought on the basis that the Eligible Whistleblower made a Protected Disclosure.
e. The information provided may be inadmissible in evidence against the Eligible Whistleblower in legal proceedings, unless the information provided was false.

2. An Eligible Whistleblower is not granted immunity for any misconduct engaged in that is revealed as a result of the Protected Disclosure, or the investigation of the Protected Disclosure.

Compensation and other remedies

1. An Eligible Whistleblower (or any other individual) may be able to seek compensation or another remedy through the courts if:

a. They suffer loss, damage or injury because of a Protected Disclosure.
b. St John of God Health Care failed to take reasonable precautions and exercise due diligence to prevent the Detriment.

2. An individual may wish to seek independent legal advice if they believe they have suffered Detriment.

Fair treatment of persons the subject of a protected disclosure

1. A person who is the subject of a Protected Disclosure:

a. Will be treated fairly and objectively.
b. May be advised about the subject matter of the Protected Disclosure as and when required by principles of natural justice and procedural fairness and prior to any actions being taken. The appropriate timing of informing the person is at the discretion of St John of God Health Care.
c. May contact St John of God Health Care’s employee assistance provider.

2. St John of God Health Care will keep confidential the identity of a person the subject of a Protected Disclosure to the extent practicable and reasonable in the circumstances.

3. The objective of any investigation undertaken is to determine whether there is enough evidence to substantiate or refute the matters disclosed, with any findings made on the basis of reliable evidence.

Glossary

Detriment includes (without limitation):

dismissal of a caregiver
injury of an caregiver in their employment
alteration of an employee's position or duties to their disadvantage
discrimination between a caregiver and other caregiver's of St John of God Health Care
harassment or intimidation of an individual
harm or injury to an individual, including psychological harm
damage to an individual's property
damage to an individual's reputation
damage to a individual's business or financial position
any other damage to an individual.

Detriment does not include:

Steps that are reasonable to protect an Eligible Whistleblower from Detriment.
Steps to manage unsatisfactory work performance in line with St John of God Health Care’s policies and procedures.

A Disclosable Matter includes any information that an individual has reasonable grounds to suspect concerns misconduct or an improper state of affairs or circumstances of St John of God Health Care. A disclosure made on reasonable grounds may still qualify for protection even if the disclosure turns out to be incorrect.

This includes, but is not limited to conduct that:

Constitutes an offence against, or a contravention of, the Corporations Act.
Constitutes an offence against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more.
Represents a danger to the public or the financial system.

Examples of what may constitute a Disclosable Matter include conduct that is:

Illegal, such as theft, dealing in or improper use of illicit drugs, violence or threatened violence, criminal damage against property, harassment, intimidation or other suspected breaches of state or federal law.
Fraud, bribery or corruption.
Failure to comply with, or breach of, legal or regulatory requirements, including in relation to tax affairs, workplace safety, modern slavery, human rights, privacy and competition laws.
A serious or systemic breach of St John of God Health Care Code of Conduct or policies.
A danger to public safety.
A danger to the stability of, or confidence in, the state or national financial system.
A retaliation or threat of retaliation, to another individual because of a belief or suspicion that the other individual has made a disclosure or is believed or suspected to have made, or be planning to make, a disclosure.

The protections under the Corporations Act do not apply to the extent that a disclosure of information relates to a Personal Work-Related Grievance or a matter that is not a Disclosable Matter.

A disclosure of information relating to a Personal Work-Related Grievance may still qualify for protection if:

It includes information about misconduct, or information about misconduct includes or is accompanied by a Personal Work-Related Grievance (ie a mixed report).
St John of God Health Care has breached employment or other laws punishable by imprisonment for a period of 12 months or more.
St John of God Health Care has engaged in conduct that represents a danger to the public.
The disclosure relates to information that suggests misconduct beyond the individual’s personal circumstances.
The disclosure concerns alleged Detriment (or a threat of Detriment) caused to the individual or any other person due to a belief or suspicion that the individual or another person has or may have made (or proposes to, or could, make) a Protected Disclosure.
The individual seeks legal advice or legal representation about the operation of the whistleblower protections under the Corporations Act.

Each of the following are Eligible Recipients:

1. Persons that St John of God Health Care has designated as Eligible Recipients, including:

a. A Director of the Board of St John of God Health Care.
b. A member of the Executive Committee.
c. General Counsel.
d. General Manager Risk & Compliance.

2. By virtue of their roles, the following people are also Eligible Recipients:

a. Officers of St John of God Health Care (this includes the directors of the Board of St John of God Health Care Inc and St John of God Foundation Inc).
b. “Senior Managers” of St John of God Health Care (as defined in the Corporations Act) including members of the Executive Committee.
c. Internal or external auditors of St John of God Health Care, or a member of an audit team conducting an audit of St John of God Health Care.
d. An actuary of St John of God Health Care.

3. Our independent third party reporting hotline, Your Call, through one of the following methods:

a. Calling 1800 940 379 between 9.00 am – 12.00 am AEST Monday – Friday, excluding national public holidays.
b. Visiting www.yourcall.com.au/report and referencing Organisation ID “SJGHC”.

4. One of the following regulators:

a. ASIC
b. APRA
c. the Commissioner of Taxation, if the concern relates to St John of God Health Care tax affairs.

5. An Australian qualified legal practitioner, where the disclosure is for the purpose of obtaining legal advice or legal representation about the operation of the whistleblower provisions in the Corporations Act.

6. A journalist or parliamentarian, where the disclosure is for the purpose of making a Public Interest Disclosure or Emergency Disclosure, and the information disclosed is no greater than is necessary to inform the recipient of the misconduct or improper state of affairs or circumstances, or of the substantial and imminent danger.

An individual who is, or has been, any of the following in relation to St John of God Health Care:

caregiver
supplier of services or goods (“Contractors”) or an employee of a supplier
visiting medical officer
student or volunteer
diocesan Catholic chaplain or representative of other faiths
trustee
board member
officer
associate
other health practitioner, accredited or contracted, who provides care or services to patients, clients and caregivers of St John of God Health Care
relative, dependant or spouse of an individual listed above.

The disclosure of information to a journalist or parliamentarian, where:

a. The individual has previously made a report to ASIC, APRA or another prescribed Commonwealth body.
b. The individual has reasonable grounds to believe the report concerns a substantial and imminent danger to the health and safety of one or more persons or to the natural environment.
c. Prior to making the emergency report, the individual has given written notice to the Commonwealth body (eg ASIC or APRA) that includes sufficient information to identify the previous report and states that the individual intends to make an Emergency Disclosure.

It is important to understand the criteria that must be met for making an Emergency Disclosure. An individual may wish to seek independent legal advice as to whether the criteria have been met prior to making such a disclosure.

A position nominated by St John of God Health Care to be responsible for investigating Protected Disclosures, likely being a caregiver within Workforce, Risk & Compliance or Group Legal.

The Investigation Officer will be responsible for:

Gathering evidence relevant to the investigation, including interviewing witnesses as appropriate.
Communicating with the relevant parties to the investigation.
Preparing a report on their findings and any recommendations as appropriate.
Providing the report to the Protected Disclosure Officer.

A grievance about any matter in relation to the individual's employment, or former employment, having (or tending to have) implications for the individual personally. This may include:

An interpersonal conflict between the individual and another caregiver.
A decision relating to the engagement, transfer or promotion of the individual.
A decision relating to the terms and conditions of engagement of the individual.
A decision to suspend or terminate the engagement of the individual, or otherwise to discipline the individual.

Personal Work-Related Grievances should be raised in with the line manager or Group Workforce.

A disclosure of information by an individual qualifies for protection if:

The individual is an Eligible Whistleblower in relation to St John of God Health Care.
The disclosure is made to an Eligible Recipient.
The Eligible Whistleblower has reasonable grounds to suspect the information concerns a Disclosable Matter in relation to St John of God Health Care.

A Protected Disclosure also includes:

A disclosure made by an Eligible Whistleblower as a Public Interest Disclosure or an Emergency Disclosure as provided for in section 1317AAD of the Corporations Act.
A disclosure made to an Australian legal practitioner, engaged by the individual, for the purpose of obtaining legal advice about the operation of Australia’s whistleblower laws, including whether a disclosure relates to a Disclosable Matter.

A position nominated by St John of God Health Care to be responsible for responding to and addressing disclosures, being the General Counsel.

The Protected Disclosure Officer will be responsible for:

Acting as a contact point where individuals can seek accurate information about how to make a disclosure and the protections available for Eligible Whistleblowers.
Determining whether a disclosure is a Protected Disclosure.
Assessing whether an investigation is required.
Appointing an Investigation Officer, who will report their findings back to the Protected Disclosure Officer.
Working with St John of God Health Care, in consultation with the Whistleblowing Protection Officer as appropriate, to determine any appropriate action to be taken as a result of the investigation findings.

The disclosure of information to a journalist or parliamentarian, where:

At least 90 days have passed since the individual made the disclosure to ASIC, APRA or another prescribed Commonwealth body.
The individual has reasonable grounds to believe that no action is being taken and that making a further report would be in the public interest.
Before making the Public Interest Disclosure, the individual has given written notice to the Commonwealth body (eg ASIC or APRA) that the earlier disclosure was made, that includes sufficient information to identify the previous report and states that the individual intends to make a Public Interest Disclosure.

It is important to understand the criteria that must be met for making a Public Interest Disclosure. An individual may wish to seek independent legal advice as to whether the criteria have been met prior to making such a disclosure.

A position nominated by St John of God Health Care to provide, or arrange to provide, support and protection to Eligible Whistleblowers, being the Chief People Officer.

The Whistleblower Protection Officer will be responsible for:

Ensuring that Eligible Whistleblowers are protected from Detriment and any threats of Detriment.
Providing, or arranging to provide, support to Eligible Whistleblowers.
Assisting St John of God Health Care with protecting Eligible Whistleblowers’ confidentiality.

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