1. Policy overview
1.1 Gender Equity Victoria (GEN VIC) recognises the value of transparency and accountability in its administrative and management practices and supports the reporting of improper conduct. GEN VIC is committed to the highest standards of integrity and conduct.
1.2 This Whistleblower policy is an important tool for helping GEN VIC to identify wrongdoing that may not be uncovered unless there is a safe and secure way to disclose wrongdoing.
1.3 This policy is designed to encourage and protect individuals who report misconduct, unethical behaviour, or breaches of legal obligations within the organisation. The policy ensures that all concerns are addressed appropriately and that whistleblowers are safeguarded from retaliation.

2. Purpose
2.1 The purpose of this policy is to:
• encourage any disclosures of wrongdoing- fraud, corruption or financial mismanagement, violations of laws and regulations, unsafe work practices, discrimination, harassment or other workplace misconduct and any other unethical behaviour;
• help deter wrongdoing, in line with GEN VIC’s risk management and governance framework;
• ensure individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be protected and supported;
• ensure disclosures are dealt with appropriately and on a timely basis;
• provide transparency around GEN VIC’s framework for receiving, handling and investigating disclosures;
• support GEN VIC’s values and code of conduct;
• support GEN VIC’s long-term sustainability and reputation; and
• meet GEN VIC’s legal and regulatory obligations.

3. Who does this policy apply to?
3.1 This policy applies to Protected Whistleblowers.
3.2 A Protected Whistleblower is an individual entitled to protection under the Corporations Act 2001 (Cth) (Corporations Act) and, if applicable, under the Taxation Administration Act 1953 (Cth) (Taxation Administration Act) if:
• they are an Eligible Whistleblower; and
• they have disclosed (or intend to disclose) a Reportable Matter to an Eligible Recipient or to the Australian Securities and Investments Commission (ASIC), the Australian Prudential Regulation Authority (APRA) or another entity prescribed under the Corporations Act.
3.3 They will also be entitled to protection as a Protected Whistleblower if they get advice from a legal practitioner on the operation of whistleblowing protection laws.

4. Eligible Whistleblowers
4.1 An Eligible Whistleblower is an individual who is, or has been, any of the following:
• employee of GEN VIC (this includes current and former employees who are permanent, part-time, fixed-term or temporary, interns, managers and directors);
• person who supplies goods or services to GEN VIC or an employee of a person who supplies goods or services to GEN VIC (whether paid or unpaid) – this could include current and former volunteers, contractors, consultants, service providers and business partners;
• a person who is an associate of GEN VIC- for example, a director or company secretary of GEN VIC or a related body corporate of GEN VIC; or
• a relative, dependent or dependent of the spouse of any person referred to in this definition of Eligible Whistleblower.

5. Matters this policy applies to
5.1 The section below sets out what is a Reportable Matter that will qualify for legal protection under the Corporations Act (or the Taxation Administration Act, where relevant). Disclosures that aren’t about a Reportable Matter will not be protected under the Corporations Act or the Taxation Administration Act and this policy.
5.1.1 Reportable Matter
A disclosure will concern a Reportable Matter if an Eligible Whistleblower has reasonable grounds to suspect that the information being disclosed is about:
• misconduct (including fraud, negligence, default, breach of trust and breach of duty);
• an improper state of affairs or circumstances;
• behaviour that represents a danger to the public or the financial system;
• a breach of the Corporations Act; or
• a breach of the Taxation Administration Act or improper conduct in relation to the tax affairs, in relation to GEN VIC or a related body corporate of GEN VIC.
5.1.2 Personal work-related grievances
Personal work-related grievances that don’t involve a detriment caused as a Protected Whistleblower (or a threat of detriment) aren’t a Reportable Matter and aren’t protectedunder the Corporations Act or Taxation Administration Act. A personal work-related grievance is one that relates to current or former employment that has personal implications but doesn’t have significant implications for GEN VIC. An example of a work-related grievance that is not protected by law could include if the whistleblower believes they have missed out on a promotion that they deserve or if they don’t like the managerial style of their supervisor. However, a work-related grievance may still qualify for protection under the law if (for example):
• it is a mixed report that includes information about a Reportable Matter (as well as a work-related grievance);
• GEN VIC has broken employment or other laws which are punishable by imprisonment for 12 months or more or acted in a way that is a threat to public safety;
• the disclosure relates to information that suggests misconduct that goes further than the whistleblower’s personal circumstances; or
• the whistleblower suffers from or is threatened with detriment for making a disclosure.

6. How to make a report and who to report to?
6.1 Making a disclosure
Reports can be made in person or by telephone, post or email. Reports can be made within business hours or outside business hours. If, at any time, a whistleblower is unsure about whether to make a protected disclosure, they can get independent legal advice. Any discussions had with a lawyer will be protected under this policy and under law.
6.2 Eligible Recipients
A protected disclosure of a Reportable Matter can be made using any of the channels below (each is an Eligible Recipient of Reportable Matter):
• the Chief Executive Officer of Gender Equity Victoria
• The Chair of the Board of Gender Equity Victoria
• The Chair of the Finance Audit and Risk Committee
• External auditor of Gender Equity Victoria
6.3 Other designated bodies that can receive disclosures
Disclosures of a Reportable Matter may also be protected when made to:
• ASIC
• ACNC
• APRA
• the Commissioner of Taxation
• another Commonwealth authority prescribed by law.

7. False reports
7.1 A Protected Whistleblower will still qualify for protection for a disclosure even if their disclosure turns out to be incorrect.
7.2 However, anyone who knowingly makes a false report of a Reportable Matter, or who otherwise fails to act honestly with reasonable belief in respect of the report may be subject to disciplinary action, including dismissal.

8. Anonymity when reporting
8.1 An individual may choose to remain anonymous when disclosing a Reportable Matter, over the course of the investigation and after the investigation is finalised.
8.2 While they are encouraged to share their identity when making a disclosure, as it may make it easier for GEN VIC to address their disclosure of a Reportable Matter and for GEN VIC to communicate with them, they are not required to share their identity nothing that if an individual chooses to remain anonymous, there may be some practical limitations in conducting the investigation.

9. Protections for Protected Whistleblowers
9.1 Confidentiality
Disclosures from Protected Whistleblowers will be treated confidentially and sensitively. Once a report is received, the Eligible Recipient will make sure immediate steps are taken to protect the identity of the Protected Whistleblower. This will include redacting the name and position of the Protected Whistleblower from any written record of the report, and making sure appropriate document security is implemented. It is illegal for a person to identify Protected Whistleblowers or disclose information that is likely to lead to their identification. If an induvial is a Protected Whistleblower, their identity and position (or any other information which would be likely to identify them) will only be shared if:
• they consent to the information being shared;
• the disclosure is to a recipient permitted by law such as the Commissioner of Taxation or Australian Federal Police; or
• the disclosure is otherwise allowed or required by law (for example, disclosure to a lawyer of GEN VIC to receive legal advice relating to the law on whistleblowing).
In addition, for information likely to identify an Eligible Whistleblower, this may be shared if it is reasonably necessary for the purposes of an investigation. In this circumstance all reasonable steps will be taken to reduce the risk that may identify the individual.
9.2 Protection against detrimental treatment
It’s illegal for a person to engage in conduct that causes (or threatens) detrimental treatment to a Protected Whistleblower in the belief or suspicion that a person has made, may make, proposes to make or could make a report of a Reportable Matter and where that belief or suspicion is a reason for the conduct.
Detrimental treatment could include dismissal, demotion, harassment, damage to their reputation, discrimination, disciplinary action, bias, threats or other unfavourable treatment connected with making a disclosure as a Protected Whistleblower. GEN VIC will seek to ensure that Protected Whistleblowers are not subjected to detrimental treatment as a result of making (or intending to make) a disclosure under this policy.
To protect Protected Whistleblowers from detrimental treatment, GEN VIC will:
• make an assessment of the risk of detriment against a Protected Whistleblower as soon as possible after receiving a disclosure of a Reportable Matter;
• make sure GEN VIC management are aware of their responsibilities to maintain the confidentiality of a Protected Whistleblower, address the risks of detriment and ensure fairness when managing the performance of, or taking other management action relating to, a Protected Whistleblower; and
• take practical action, as necessary, to protect a Protected Whistleblower from the risk of detriment and intervene if detriment has already occurred.
If a Protected Whistleblower believes that they have been subject to detrimental treatment, they should inform an Eligible Recipient immediately.
9.3 Other protections for Protected Whistleblowers
Protected Whistleblowers are protected from civil, criminal or administrative liability (including disciplinary action) for making reports of Reportable Matters. No contractual right (including under an employment contract) can be exercised against a Protected Whistleblower to stop them disclosing a Reportable Matter.
If an individual is a Protected Whistleblower and the disclosure is to an Eligible Recipient or other designated body as set out above or is a public interest disclosure or emergency disclosure, the information they disclose can’t be used against them in criminal proceedings or in proceedings for the imposition of a penalty (except if the proceedings are in respect of the falsity of the information).
Eligible Whistleblowers may also be entitled to seek compensation and other remedies through the courts if GEN VIC fails to protect the Eligible Whistleblower from detriment and the Eligible Whistleblower suffers loss or damage.

10. How will GEN VIC investigate disclosures?
10.1 Once a report of a Reportable Matter has been received from an Eligible Whistleblower, who has provided reasonable grounds for their belief that the Reportable Matter has occurred, an investigation of those allegations will begin as soon as practicable after the report has been received.
10.2 If GEN VIC determines that the information disclosed doesn’t amount to a Reportable Matter, the Eligible Whistleblower will be, if practicable, informed of that decision. In some instances, reports may not be able to be responded to, for example, because they are anonymous reports.
10.3 If an investigation is conducted, it will:
• follow a fair process;
• be conducted in a timely a manner as the circumstances allow; and
• be independent of the person(s) about whom an allegation has been made.
10.4 Provided there are no restrictions or other reasonable bases for doing so, people against whom an allegation has been made will be informed of the allegation and will have an opportunity to respond. GEN VIC will take steps to ensure fair treatment of any person who is the subject of the Reportable Matter report as well as the Protected Whistleblower.
10.5 Investigations will be conducted promptly and fairly with due regard for the nature of the allegation and the rights of the people involved in the investigation.

11. Communications with the Protected Whistleblower
11.1 GEN VIC will ensure that, provided the claim was not submitted anonymously, the Protected Whistleblower is kept informed of the outcomes of the investigation of their allegations. This will be subject to the considerations of privacy of those against whom allegations are made and considerations of confidentiality affecting GEN VIC.
11.2 If the Protected Whistleblower is not an employee of GEN VIC, they will be kept informed of the investigative outcomes (subject to privacy considerations), once the Protected Whistleblower has agreed in writing to maintain confidentiality in relation to any information provided to them regarding a report made by them.

12. Further policy details
12.1 How this policy is made available
This policy is made available to all GEN VIC employees and is also available on the Gender Equity Victoria website.