Whistleblower Policy

1. Purpose

This policy exists to ensure that Master Builders Insurance Brokers (“MBIB”):

a) Encourages people to report or disclose corruption, fraud, tax evasion or avoidance, misconduct and improper states of affairs within the corporate sector (“whistleblowers’’); and

b) Provides appropriate protections to whistleblowers to facilitate the uncovering of corporate crime and to combat poor compliance.

This policy provides information on:

The protections available to whistleblowers;
How and to whom a report (“disclosure”) can be made by a whistleblower;
How MBIB supports and protects whistleblowers;
How MBIB investigates disclosures made by whistleblowers;
How MBIB treats people mentioned in a disclosure fairly; and
How the policy is to be made available.

2. Introduction

Master Builders Insurance Brokers (MBIB) is committed to adhering to its statutory obligations and values. We are committed to providing those involved with our organisation a safe environment to raise breaches of internal rules or policy, or misconduct or an improper state of affairs involving MBIB, its branches, directors or employees.

In cases where people feel they need to be protected in relation to raising a matter, this Policy outlines the protections that will apply.

Who is a “whistleblower”?

i A whistleblower is a person who reports or wants to report concerns which they may have about misconduct or an improper state of affairs involving MBIB.

ii A whistleblower may be a person who is, or has been:

a staff member or director of MBIB;
a supplier of services or goods to MBIB (whether paid or unpaid);
an employee of that supplier and/or an associate of MBIB; and/or
a relative, dependent or spouse of any member of staff, supplier, employee of a supplier or associate of MBIB.

What can a whistleblower report?

The misconduct or information about an improper state of affairs which a person or whistleblower wishes to disclose may involve:

a breach of the law;
tax evasion;
criminal conduct;
fraud or theft;
genuine concerns about modern slavery or human trafficking relating to MBIB’s people, business or supply chain;
a danger to the public or to the financial system; and/or
deliberate covering up of information tending to show circumstances of the above conduct which:
is a matter of public interest; or
concerns a substantial or imminent danger to the health or safety of any person(s) or to the natural environment.

However, things that (on their own) would usually not be reported include:

complaints about the level of service received from the organisation or a particular employee;
a difference of opinion about a policy adopted by the organisation;
disagreeing with the decision of the organisation to donate to a particular cause;
employment disputes with your employer.

Personal work-related grievances

If the information which the whistleblower seeks to disclose relates to a personal work-related grievance and does not involve any alleged or actual victimisation, harm or threat of harm to the whistleblower, then the disclosure will be dealt with through MBIB’s agreed grievance procedure.

A personal work-related grievance concerns any matter in relation to the whistleblower’s employment or former employment which may have implications for the whistleblower personally. This includes interpersonal conflicts, decisions in relation to the transfer, engagement or promotion of the whistleblower, decisions relating to the terms and conditions, suspension or termination of the employment or engagement of the discloser.

A person reporting a personal work-related grievance is not entitled to protection as a whistleblower unless the information being disclosed:

involves significant implications for MBIB or one if its related companies; and
concerns certain offences or a danger to the public or the financial system.

3. Information about the protections to the whistleblowers

A whistleblower who has reasonable grounds for suspicion and reports an issue of concern to MBIB is entitled to certain protection at law including:

protection of their identity;
immunity from civil, criminal or administrative liability for reporting that issue;
compensation and/or other remedies (such as injunctions and orders requiring an apology or reinstatement of employment) to compensate for any victimisation, bullying, discrimination, harm or detriment which the whistleblower has suffered as a result of reporting the issue to MBIB.

If a whistleblower experiences detriment,(including any of the following) as a result of making, or considering making a disclosure to MBIB or to a regulator, the whistleblower will be entitled to seek compensation or other remedies. Detriment includes but is not limited to:

dismissal from employment;
injury in their employment;
alteration of an employee’s position or duties to their disadvantage;
discrimination;
harassment or intimidation;
harm or injury including psychological harm;
damage to a person’s property.

The law imposes serious penalties upon persons and entities, including MBIB, who breach the confidentiality of, or cause harm to, a whistleblower.

These penalties may include significant fines and/or imprisonment.

If a whistleblower is seeking compensation or some other remedy from another person or entity in relation to harm suffered as a result of whistleblowing, then:

the whistleblower has the onus to point to evidence which suggests a reasonable possibility of such harm having occurred; and then
the other person bears the onus of proving that the claim is not made out.

If anyone would like to obtain more information about the protections available for whistleblowers, please contact the Risk Compliance and Operations Manager, Marc Lyons by email on marclyons@mbib.com.au or by phone on 03 9411 4528.

4. How and to whom a disclosure can be made by a whistleblower

Any person who wishes to report an issue or raise a concern under this policy, whether or not a member of staff, should first speak to a senior manager of MBIB namely:

Your manager

Sometimes, a suspicion of wrongdoing may arise from a misunderstanding and is not in fact wrongdoing. Accordingly, you are encouraged to check with your manager in the first instance to seek an immediate response as internal channels of reporting are favoured. Remember, in some instances, communication is restrained by confidentiality requirements or other legitimate reasons. However, where you believe the response to your matter raised is not appropriate, then alternative reporting mechanisms are available.
Please Note: In instances where you are external to the Organisation, you are encouraged to speak to the Whistleblower Investigation Officer, or CEO (if you are a supplier).

National Human Resource Manager or CEO (Senior Managers)

If you do not wish to raise the matter with your manager, you should consider raising the matter with the National Human Resource Manager or CEO so they can assist you in relation to your matter. Again, there are alternate reporting mechanisms available.

If, after speaking with your manager or senior managers nominated in this policy, the person wishes to proceed with disclosing an issue as a whistleblower, the person should make that disclosure in writing to the Whistleblower Investigation Officer or Steering Committee.

The National HR Manager and CEO can be contacted through the channels below:

Lisa Woolf
National HR Manager (NHRM)
lwoolf@mbib.com.au or 03 9411 4520

Paul Ayton
CEO
payton@mbib.com.au or 03 9411 4532

Whistleblower Investigation Officer & Steering Committee

In cases where you do not feel safe to speak to any of the internal reporting channels, and you wish to be protected by the organisation as a part of raising your matter, you can report your matter to the Whistleblower Investigation Officer (the WIO) as described in this Policy. The WIO is a senior manager of the Organisation, appointed by the Steering Committee, who is responsible for receiving whistleblower disclosures of wrongdoing and overseeing its investigation and resolution.

The WIO must (after reasonable assessment):

appoint an additional Whistleblower Protection Officer (the WPO) to provide support to the whistleblower;
be satisfied that action taken in response to the inquiry/investigation is appropriate to the circumstances;
ensure that all investigations are carried out in line with the principle of procedural fairness;
report the disclosure to the Steering Committee.

The WIO and WPO can be contacted through the channels below:

Marc Lyons
Risk, Compliance and Operations Manager (RCOM) (WPO)
marclyons@mbib.com.au or 03 9411 4528

Steering Committee (CEO, CFO, NHRM, RCOM)
steeringcommittee@mbib.com.au

MBIB’s Steering Committee may direct that in certain limited circumstances, employees may communicate in writing directly with the Chair of the MBIB Board regarding:

potential fraud or misappropriation, weaknesses in internal controls; or
the accuracy of the information being provided within the organisation to senior managers or the Board.

Director of the Organisation

In cases where you do not feel safe to speak to any of the internal reporting channels, and you wish to be protected by the organisation as a part of raising your matter, you can report your matter to a director or Chair of the Organisation.
Details of current Directors are available at www.mbib.com.au.
The Chair of the MBIB Board may be contacted for this purpose by email at chair@mbib.com.au
Any such communication shall be treated as confidential and should explain whether the matters have previously been discussed with an employee’s senior manager and if not, why the employee has chosen to not to report to the Senior Managers or Steering Committee.

If the person does not wish to be identified, they should say this to the manager, senior manager, WPO, Steering Committee or director at the first possible opportunity so that appropriate arrangements for confidentiality can be made.

Whistleblowers may make a report to MBIB anonymously. Anonymous reports are much more difficult for MBIB to investigate and resolve. MBIB encourages whistleblowers to put their name(s) to reports in order to assist the investigating officer as much as possible.

5. Reporting to an external agency

If your matter relates to misconduct, or an improper state of affairs and it is not practical to report your matter within the organisation in the first instance. Members of staff or indeed any other person(s) can make a disclosure to one of the following:

the auditor of MBIB or a related body of MBIB;
a lawyer for the purpose of obtaining advice, or legal representation, in relation to whistleblowing; or
ASIC, APRA, the ATO or another prescribed Commonwealth authority.

6. How MBIB supports and protects whistleblowers

MBIB recognises that a whistleblower usually only decides to express a concern after a great deal of thought. Provided the concern is raised based on reasonable grounds of suspicion, a person who makes a disclosure will not be at risk of losing their job or suffering any form of reprisal for coming forward. It does not matter whether the suspicion proves to be unfounded or real. MBIB will not tolerate the harassment or victimisation of anyone who raises a genuine concern and will deal with any such occurrences under the disciplinary and/or harassment procedure.

MBIB will do everything possible to protect the whistleblower’s identity and will not disclose any information which may lead to the identification of the whistleblower without the consent of the whistleblower. If it proves impossible to resolve the matter without revealing the whistleblower’s identity, the investigating officer will discuss with the whistleblower whether and how best to proceed.

In a very few cases, it may not be possible to ensure complete confidentiality, for example if legal proceedings take place at a later stage, but MBIB will do everything possible to support and protect the whistleblower.

If a member of staff maliciously or frivolously raises a matter which they know to be untrue or use this process as a mechanism to bully another staff member, (and proven so), this will be regarded as misconduct and will be dealt with through MBIB’s disciplinary procedure.

MBIB may also nominate other senior managers or officers who are authorised to receive reports of concern from whistleblowers.

7. How MBIB investigates reports or disclosures made by whistleblowers

The senior manager to whom the disclosure is made will note the key points of the concern and check that the whistleblower has a copy of this whistleblowing policy. The senior manager will also assure the whistleblower of confidentiality and other the protections available to whistleblowers under the law.
The senior manager will decide what action to take. This may include initiating an internal investigation or more formal inquiry or taking alternative appropriate action. The senior manager will inform the whistleblower who raised the concern about the action to be taken. The whistleblower can request that this be done in writing.
The senior manager may ask the whistleblower how they think the matter might best be resolved. If the whistleblower has any personal interest in the matter, it is essential that this is made known to the senior manager at the outset. If the senior manager thinks that a disclosure made by a whistleblower who is a member of staff should be pursued through the grievance procedure instead of through this policy, they will advise the member of staff accordingly.
If an investigation is undertaken, the senior manager will keep the whistleblower informed about what is happening, as far as possible. Again, if requested, MBIB will make these reports in writing. In some cases, it may not be possible to report to the whistleblower the precise action taken as doing so might, for example, infringe on someone else’s confidentiality.
Senior management will inform the WPO and Chair of the Steering Committee of significant matters as soon as possible. Significant matters include but are not limited to fraud with exposure of $500,000 and above, and written staff grievances involving MBIB directors, direct reports to the CEO and facilities of $2 million or more.

8. How MBIB ensures the fair treatment of people mentioned in a disclosure

In addition to protecting the whistleblower(s) as set out in section 5 of this policy, MBIB will also ensure that people mentioned in a report or disclosure by a whistleblower are treated fairly by mandating that any person authorised by MBIB to receive reports from a whistleblower (including senior managers, directors, auditors, lawyers and members of the Steering Committee):

are briefed with a copy of this policy annually as part of an annual whistleblower training session;
agrees in writing:
to abide by the terms of this policy;
not to disclose to any person or entity, other than to the Board and senior management of MBIB, the police, APRA, ASIC, ATO or another authorised Commonwealth authority the identity or contact details of a person referred to within the disclosure; and;
not to disclose to any person or entity, other than to the Board and senior management of MBIB, the police, APRA, ASIC, ATO or another authorised Commonwealth Government authority the information referred to within the disclosure

MBIB will deal with any breaches of the policy through MBIB’s disciplinary procedure.

9. How the policy is to be made available

A copy of this policy will be available on MBIB’s website and intranet.

The Steering Committee will review this policy annually and recommend any changes to the Board. The Board may, in its discretion, adjust or exclude a specific requirement of this policy from time to time, either generally or on a case-by-case basis. This policy may be amended, ceased or replaced, by resolution of the Board.

10. Definitions

The following words have special meaning in this document:

Associate
A person connected with MBIB

Confidentiality
Ensuring that information is kept in strict privacy.

Detriment
Harm, injury or loss including but not limited to:

• dismissal from employment;
• injury to a person in their employment;
• alteration of an employee’s position or duties to their disadvantage;
• discrimination between an employee and other employees of the same employer;
• harassment;
• psychological harm; or
• damage to a person’s property.

Disclosure
When a whistleblower reports misconduct or an improper state of affairs to:

• MBIB;
• an actuary or auditor of MBIB;
• a lawyer;
• the police; or
• a regulator;

that report of information is known as a “disclosure”.

Information which can be the subject of a “disclosure” includes, but is not limited to, a suspected contravention by MBIB or one of its related companies of:

• the Corporations Act 2001 (Cth);
• the ASIC Act 2001 (Cth);
• the Banking Act 1959 (Cth);
• the Financial Sector (Collection of Data) Act 2001 (Cth);
• the Insurance Act 1973 (Cth);
• the Life Insurance Act (1995) (Cth);
• the National Consumer Credit Protection Act 2009 (Cth);
• the Superannuation Industry (Supervision) Act 1993 (Cth);
• the Income Tax Assessment Act 1997 (Cth);
• a Commonwealth law that is punishable by imprisonment for 12 months or more;
• a danger to the public;
• a danger to the financial system;
• deliberate covering up of a report or disclosure of misconduct.

Improper state of affairs
A situation that involves or has arisen from conduct that is unacceptable, unprofessional or not in accordance with accepted standards of the law, honesty, morality and decency.

Journalist
A person who is working in a professional capacity for any of:

• a newspaper or magazine
• a radio or television broadcasting service
• an electronic service including one provided through the internet that operates commercially and is similar to a newspaper, magazine, radio or television service.

Misconduct
Unacceptable or improper conduct, wrongdoing, unlawful conduct, gross neglect or criminal conduct.

Reasonable grounds to suspect
A belief based on facts and circumstances; more than a guess or a hunch.

Regulator
A government authority which is empowered by legislation to supervise or control a particular business activity including, for example, ASIC, APRA, the ATO or the ACCC.

Whistleblower
A whistleblower is a person who discloses to certain authorised persons concerns or information about misconduct or an improper state of affairs involving MBIB or its related companies. Such misconduct may include corruption, fraud, tax evasion or avoidance, a breach of the law or criminal conduct within the corporate sector.

The persons authorised to receive a disclosure from a whistleblower include senior managers, auditors and the Chair of the Board of MBIB as well as lawyers, police and regulators.
In certain circumstances, a whistleblower can make a public interest disclosure or an emergency disclosure to a Member of Parliament (Federal, State of Territory) or a journalist in either print, radio, TV or electronic media.

A whistleblower may be a person who is a current or former:

• officer or employee of MBIB;
• supplier of goods or services to MBIB (whether paid or unpaid);
• employee of such a supplier;
• associate of MBIB; or
• relative or dependent of any of the above.

POL-011_Whistleblower Policy_v1