Whistleblower Policy - Skills Insight

Purpose and Scope

This document sets out Skills Insight’s position concerning Whistleblowers and provides the framework for Skills Insight’s response to reporting of serious wrongdoing, including unethical, illegal, corrupt or other inappropriate conduct.

This policy applies to all:

Employees
Directors
Officers
Contractors (including employees of contractors)
Stakeholder Members and Volunteers
Suppliers
Consultants

Although they are under no obligation to do so, any associate, family member or dependant of any person in the above groups of people may also speak up. If they do choose to speak up in line with this Policy, we will extend to them the relevant rights and protections under this Policy.

A number of Commonwealth and State laws, regulations, and contract and grant deed clauses may apply to whistleblowing and the underlying governing principles. Compliance with these is a requirement for the implementation of this policy.

This policy has been established on the foundation of Skills Insight values, behaviours and strategies and all actions must be consistent with them. In the event of any conflict between this policy and the values, behaviours and strategies of Skills Insight, we request that you promptly notify the CEO for resolution.

Relationship to Other Policies

This policy should be read in conjunction with the following codes, policies and guidelines:

The Jobs and Skills Councils Code of Conduct and Program Guidelines
Skills Insight Governance guidance including Board performance; Financial delegation; Conflict of Interest; and Gifts Policies
Stakeholder Membership and Representation Framework and the Stakeholder Engagement Plan
Skills Insight Code of Conduct and Practice
Other Skills Insights Policies including:
Maintaining Safe Healthy Workplace
Dealing with Fraud, Corruption & Prohibited Dealings
Responsible Procurement Policy (incl. anti-slavery and Prohibited Dealings)
Protection of Vulnerable and Potentially Vulnerable People Policy (incl. Children, Aboriginal and Torres Strait Islanders, and Modern Slavery)
Aboriginal Torres Strait Islander Recognition and Participation Policy.

All people within the scope of this policy (other than associates, family members or dependants) should be aware that Skills Insight is a values-based organisation and that we actively encourage the reporting of any potential or actual behaviours which may raise issues about appropriateness, alignment with values or effective procedure. We are constantly seeking to improve and to ensure alignment with our values.

This policy is designed to provide a safe and effective pathway for issues to be raised where other approaches have failed or where you have any uncertainty or concerns about the way the issue may be received or your personal welfare, safety or position.

Policy Statement

Skills Insight is committed to fostering a culture of legal, ethical and moral behaviour and exemplary corporate governance. We recognise the value of transparency and accountability in our administrative and management practices and support the reporting of improper conduct.

Skills Insight:

encourages a person to report improper conduct in good faith if they know or have reasonable grounds to suspect such conduct;
provides a mechanism to report misconduct or dishonest or illegal activity that has occurred or is suspected within the organisation;
deals with reports from whistleblowers in a way that will protect the identity of the whistleblower and provide for secure storage of the information;
takes available steps to ensure that any Reportable Conduct is identified and dealt with appropriately;
ensures that individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be protected and supported;
helps to ensure that we maintain the highest standards of ethical behaviour and integrity.

Principles

Higher standard – This Policy is designed to comply with Skills Insights legal obligations. If anything in this Policy is inconsistent with any law imposed on Skills Insight, that legal obligation or the “higher standard” will prevail over this Policy.

Speak up and report it! – We encourage everyone covered by this policy to report any concerns in line with our policies and procedures.

Our expectations of Workers – Skills Insight expects everyone covered by this policy (other than associates, family members or dependants) to act in line with our values and to make any report on reasonable grounds.

Our responsibility to Whistleblowers – Skills Insight acknowledges a responsibility to ensure whistleblowers are treated fairly and that they will be protected and supported.

Confidentiality and consent – Skills Insight will maintain confidentiality of all reports and protect the identity of reporters to the fullest extent possible. While we encourage whistleblowers to identify themselves, they may opt to report their concerns anonymously.

Reportable Conduct

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 Skills Insight, and wishes to avail themselves of protection against reprisal for having made the report.

What is 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
illegal (including theft, drug sale or use, violence or threatened violence, or property damage)
in breach of regulation, internal policy or code (such as our 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 Skills Insight’s resources
detrimental to Skills Insight’s financial position or reputation
maladministration (an act or omission of a serious nature that is negligent, unjust, oppressive, discriminatory or is based on improper motives)
concealing reportable conduct.

Reportable Conduct usually relates to the conduct of employees or directors, but it can also relate to the actions of a third party, such as a funder, customer/client, supplier or service provider.

What is not Reportable Conduct?

While everybody is encouraged to speak up and report concerns, 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 feedback and complaints received related to the functions of Workforce Planning, Training Product Development, Implementation, Promotion and Monitoring, and Industry Stewardship which can be characterised as a disagreement with outcomes based on personal, sectorial or industry association viewpoints and or priorities.

This policy does not apply to personal work-related grievances unless the grievance includes victimisation due to whistleblowing. Those matters are dealt with under other policies.

Personal work-related grievances are those that relate to the discloser’s current or former employment with Skills Insight that might have implications for the discloser personally but do not:

have any other significant implications for Skills Insight (or another partner entity)
relate to any conduct or alleged conduct about a disclosable matter, as set out under ‘What is Reportable Conduct’ above.

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, an allegation that the entity has breached employment or other laws punishable by imprisonment by a period of 12 months or more, or the grievance includes victimisation due to whistleblowing.

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
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.

However, if you don’t have all of the above information but do feel you have information Skills Insight can act upon, you are encouraged to report your concerns under this or other Skills Insights policies, as well as in accordance with our values.

How can I make a report?

A report will normally be made to:

The CEO or an Executive Manager
The Chair or Deputy Chair of the Board
The organisation’s auditor, or a member of the audit team.

There are other avenues available should you feel uncomfortable with the above listed options. Skills Insight will also protect individuals who have made a report in connection with Skills Insight:

To the Australian Securities and Investments Commission (ASIC) or the Australian Charities and Not-For-Profit Commission (ACNC) or another Commonwealth regulatory body prescribed in legislation.
To a legal practitioner for the purposes of obtaining legal advice or legal representation about whistleblower protections.
That qualifies as an emergency or public interest disclosure under the Corporations Act 2001(Cth). It is important that you understand the criteria for making a public interest or emergency disclosure and you may wish to consult an independent legal adviser before making a public interest or emergency disclosure.

Protection and Support

How will I be protected and supported 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, Skills Insight will support and protect you and anyone else assisting in the investigation.

Skills Insight 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:

etaliation, dismissal, suspension, demotion, or termination of your role
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
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, providing you are acting honestly and ethically and made the report on reasonable grounds.

This protection also applies to individuals conducting, assisting or participating in an investigation. You will also be entitled to the protection if you make a report of Reportable Conduct to an external body under this Policy.

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 CEO or an Executive Manager, or an external body under this Policy. Your concerns of being disadvantaged will be treated as a report of Reportable Conduct in line with this Policy.

Anyone engaging in detrimental conduct may be subject to serious consequences, including disciplinary action and/or termination of engagements or contracts, as applicable. They may also be subject to civil and criminal penalties.

You may also be entitled to the following legal protections for making a report:

protection from civil, criminal or administrative legal action
protection from having to give evidence in legal proceedings
compensation or other legal remedy.

Skills Insight will provide directors, employees and officers (and their immediate family members) with access to an Employee Assistance Program (EAP). EAPs provide you with free, confidential, short-term support services by qualified professionals, either face to face, over the phone or over the internet.

How will Skills Insight ensure confidentiality?

A discloser can choose to remain anonymous while making a disclosure, over the course of the investigation and after the investigation is finalised. Skills Insight 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 in connection with the investigation and your identity will not be disclosed unless:

you consent in writing to the disclosure;
he disclosure is made to ASIC, APRA or the Australian Federal Police (AFP) or a State/Territory police force or formal investigatory body properly constituted by law;
the disclosure is made to a Legal Practitioner for the purpose of obtaining advice;
the disclosure is authorised under the Corporations Act 2001 (Cth); and/or
disclosure is necessary to prevent or lessen a threat to a person’s health, safety or welfare.

Skills Insight 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 external/independent individuals to investigate your disclosures.

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 as listed above applies. If you feel that your confidentiality has been breached, you can lodge a complaint with a regulator, such as ASIC, APRA or the ATO, for investigation. Skills Insight may also take disciplinary action against individuals that breach the confidentiality of a discloser, including summary dismissal.

False reports or disclosures

Protected Disclosures must be made on reasonable grounds. Anyone who knowingly makes a false report/disclosure of Reportable Conduct may be subject to disciplinary action, including dismissal.

The disciplinary action will depend on the severity, nature and circumstance of the false disclosure.

Handling and investigating a disclosure

Upon receiving a Protected Disclosure, within 14 days, Skills Insight will endeavour to assess the disclosure to determine whether:

It qualifies for protection
If a formal, in-depth investigation is required.

Skills Insight will endeavour to provide the discloser with regular updates. We may not be able to investigate a disclosure if it is unable to contact the discloser.

Skills Insight will handle and investigate Protected Disclosures in accordance with the Whistleblowing Procedure below.

Monitoring and assurance

This Policy will be made available to all within the scope of the policy other than associates, family members and dependents, via Employment Hero (or equivalent system) and on request made through the Operations Support team or your contract contact (where appropriate for partner and external organisations).

To ensure effective protection under the Policy, the Board will monitor and review this Policy every three years.

Whistleblower procedure

How do I make a report?

Whistleblowing protections will only apply to reports of Reportable Conduct made in accordance with the Whistleblower Policy and this Procedure.

Where you have reasonable grounds to suspect that an individual has engaged in Reportable Conduct, you should report the matter to any person authorised by Skills Insight to receive Whistleblower disclosures. Authorised people are:

the CEO
an Executive Manager
the Chair or Deputy Chair of the Board
the organisation’s auditor or a member of the audit team
external bodies or legal advisers as outlined in the Whistleblower Policy.

How are reports investigated?

After receiving your report Skills Insight will:

assess the report of Reportable Conduct;
consider whether there are any conflicts of interest prior to investigating;
determine whether external authorities need to be notified;
determine whether and how to investigate; and
appoint a Whistleblowing Investigator if appropriate.

If an investigation is deemed necessary, it will be conducted fairly, objectively and in a timely manner. The investigation process will vary depending on the nature of the Reportable Conduct and the amount of information provided.

Any individuals who are accused of misconduct in a report (a Respondent) will have an opportunity to respond to allegations before any adverse findings are made and before any disciplinary action (if appropriate) is taken.

Skills Insight may need to speak with a Whistleblower as part of an investigation. If the identity of the Whistleblower is known, we will endeavour to keep them informed about the status of an investigation.

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 (if known) will be notified at the earliest possible opportunity.

Outcome of an investigation

At the conclusion of the investigation, a report will be prepared outlining:

a finding of all relevant facts
a determination as to whether the allegation(s) have been substantiated or otherwise
the action that will be taken, which may include disciplinary action and dismissal.

The disciplinary action will be dependent on the severity, nature and circumstances of the Reportable Conduct.

Where possible and appropriate, having regard to Skills Insight’s privacy and confidentiality obligations, the Whistleblower will be informed of the outcome of any investigation into their concerns.

Responsibilities

The Board (through the Chair or Deputy Chair) is responsible for:

assessing and overseeing whistleblower reports and consequent actions, subject to any conflict of interest;
ensuring that advice and support is provided to disclosers;
ensuring that a secure and restricted record of all reports made under the Whistleblower Policy and this Procedure is maintained;
ensuring that role-specific training is available as and when required.

The CEO and Go-Tos are responsible for ensuring that:

workers are made aware of their rights and responsibilities in relation to whistleblowing at induction;
workers are regularly encouraged to speak up about concerns of Reportable Conduct.

Executive Committee Members, in the capacity as Whistleblower Protection Officers are responsible for:

receiving whistleblower reports and protecting the interests of disclosers;
determining whether the report falls within the scope of the Whistleblower 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 the Whistleblower Policy;
ensuring any reports involving a director or the Chief Executive Officer are reported to the Chair of the Board, or the Deputy Chair of the Board if it relates to the Chair of the Board;
updating disclosers on progress and details of outcomes to the fullest extent possible;
maintaining to the fullest extent possible confidentiality of the identity of and reports made by disclosers;
immediately reporting concerns in relation to any detrimental conduct to the CEO or Chair of the Board (provided that the concerns do not relate to them, in which case another director should be informed.);
determining the appropriate courses of action to remediate or act on the investigation;
reporting matters to relevant authorities;
making recommendations to prevent future instances of reportable misconduct;
completing any training mandated by the Board;
seeking to ensure the integrity of the Whistleblower Program is maintained.

Whistleblower Investigators are responsible for:

investigating reports in accordance with the Whistleblower Policy and this Procedure;
maintaining to the fullest extent possible confidentiality of the identity of and reports made by disclosers;
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 Chair of the Board, CEO or Executive Committee (as appropriate given the nature of the disclosure) about how to implement the strategy in relation to how reported misconduct can be stopped, prevented and/or mitigated in future;
reporting back to the Chair of the Board, CEO or Executive Committee (as appropriate given the nature of the disclosure) on the progress of their investigation 7 days after the initial report was received and every 14 days thereafter;
complying with the directions of the Chair of the Board, CEO or Executive Committee (as appropriate given the nature of the disclosure) in relation to any further follow up, and reporting action and requirements, including the implementation of any recommendations.

Individuals within the scope of the Whistleblower Policy are responsible for reporting misconduct or dishonest or illegal activity that has occurred or is suspected within Skills Insight as quickly as possible, whether anonymously or otherwise.

Feedback and Amendments

Organisations change over time, and as a result, their policies must also adapt accordingly. If you identify any aspect of this policy that requires adjustment or updating, please reach out to the Executive who will follow a policy review process as endorsed by the CEO.