Whistleblower Policy

Last reviewed: April 2022

  1. Purpose

The purpose of this policy and procedure is to:

  • encourage the reporting of any instances of misconduct;

  • protect and support those who make such disclosures;

  • set out a safe reporting mechanism; and

  • outline how the Church will investigate and resolve protected disclosures made in accordance with this policy and procedure.

This policy will be made available to Board members and officers via email, to employees via the staff portal (staff.inspirechurch.com.au), and any other persons to whom this policy applies by email upon request.

2. Scope

This policy applies to the following entities:

  • Inspire Church Trust (ABN 32 544 907 791)

  • Inspire Community Service Inc (ABN 92 213 144 274)

  • Sydney Training Institute (ABN 79 612 695 449)

  • Inspire Child Care Foundation Limited (ABN 25 607 740 027)

  • Inspire Church Wollongong Inc (ABN 54 547 420 375)

  • Inspire Church Foundation Trust (ABN 81 964 004 992)

Note: or any other organisation registered or otherwise within the Inspire Group of Churches or support organisations.

3. Definitions

For the purpose of this policy: “The Church” means Inspire Church Trust and its constituents outlined within the Scope;

“Whistleblower” means a person who reports misconduct in accordance with this policy.

“Misconduct” means conduct that includes, but is not limited to:

  • Unethical breach of any of Church’s policies such as the Code of Conduct;

  • Breaches of laws or regulations (such as theft, dealing in or use of illicit drugs, violence or threatened violence and criminal damage to property);

  • Criminal activity;

  • Fraud, i.e. a deliberate deception in order to secure personal gain, or to cause disadvantage to the Church (including theft, bribery, money laundering);

  • Corruption, i.e. improper use of influence or position and/or improper use of information (including choosing to exclude information);

  • Unauthorized use or misuse of the Church’s property, equipment or

    materials;

  • Conduct that endangers healthy and safety or causes damage to the environment;

  • Undeclared conflicts of interests;

  • Unauthorized use of the Church’s confidential information;

  • Conduct likely to damage the financial position or reputation of the Church;

  • Deliberate concealment of any of the above.

Disclosures that do not involve any such conduct as stated above may not qualify for protection under this policy or the Corporations Act 2001 (Cth).

In particular, please note that ‘misconduct’ does not include personal work-related grievances, being (broadly) grievances:

  • about any matter in relation to the discloser’s employment, or former employment, having (or tending to have) implications for the discloser personally; and

  • that do not:

    • relate to detriment or threat of detriment to the discloser;

    • have any other significant implications for the Church; or

    • relate to the handling or alleged handling of a whistleblower disclosure.

These grievances should be reported to your manager.

4. reporting

All officers, employees, contractors and volunteers of any entity within the Church will be made aware of this policy and the avenues available to report instances of (or suspicions of) misconduct.

This current version of this policy will be available to all officers and employees through the staff portal at staff.inspirechurch.com.au. A copy will be given to any contractor or volunteer upon request.

Nominated Whistleblower Protection Officers
The Church has nominated both Internal and External Whistleblower Protection Officers, to receive reports of Misconduct and protect the interests of the Whistleblower in terms of this policy. The Church will seek to ensure that all officers, employees, contractors and volunteers are aware of the current nominated Whistleblower Protection Officers and mechanisms to contact them.

Where reporting within the Whistleblower’s normal reporting channels (ie. to their immediate manager) is not desirable or appropriate, the Whistleblower may report instances of, or suspicions of, Misconduct to the Whistleblower Protection Officer.

Whistleblower Protection Officer
Contact: Inspire Church - Business Manager
Mobile: 0433 904 451
Email: wb@inspirechurch.com.au

In addition to making a report through normal reporting channels or to the Whistleblower Protection Officer, a Whistleblower may wish to make a report of Misconduct within the Church to an external body. Disclosures made to an external body will not be investigated by the Church pursuant to this policy, but Whistleblowers will be afforded the protections set out in this policy to the extent that the Church is made aware of the identity of the Whistleblower by the external body.

5. Investigation

Investigation procedures
All reports of Misconduct made under this policy will be assessed and investigated.

Upon receipt of a report from a whistleblower, the Whistleblower Protection Officer is responsible for informing the Church’s Secretary of the Board that a report of Misconduct has been received, and determining whether the disclosure is a matter of Misconduct to which this policy applies, within 72 hours of receiving the report. If the alleged Misconduct is of a criminal nature that requires mandatory reporting under a Federal or State law, then reporting must take no later than after informing the Board.

Where the Whistleblower Protection Officer determines that a report is trivial, vexatious or baseless, the Whistleblower Protection Officer will inform the Whistleblower of this assessment and no further action will be taken in relation to the report.

If it is determined that the report is a matter to which this policy applies, the following investigation processes will apply:

  • The Whistleblower Protection Officer will be responsible for appointing an investigator within 7 days of receiving the report. The investigation must not be conducted by a person who may be the subject of the investigation or has connections (actual or perceived) to the persons or issues under investigation. In making this appointment, the Whistleblower Protection Officer must consider whether the appointment of an external investigator is appropriate, having regard to the nature of the Misconduct alleged and the persons implicated in the allegations.

  • Investigations must be conducted in a fair and transparent manner, affording principles of natural justice to any persons implicated in a report of Misconduct and preserving the confidentiality (to the greatest extent possible) of the person.

  • Investigations regarding reports made pursuant to this policy should be completed within 21 days of the appointment of an investigator. If for any reason an investigation cannot be completed within 21 days, the Whistleblower must be informed of the delay by the Whistleblower Protection Officer.

  • The investigator will provide a report confirming the outcome of the investigation to the Whistleblower Protection Officer within 7 days of completing the investigation.

  • The Whistleblower Protection Officer will immediately make the report available to the Church’s Board Chair, who will determine the appropriate action to take as a result of the investigation outcomes (in consultation with the Board as appropriate).

The Whistleblower Protection Officer will keep the Whistleblower informed generally regarding the progress of the investigation and the outcome of the investigation, subject to privacy considerations for any persons implicated in the report of Misconduct.

Persons implicated in Whistleblower report
Any persons implicated in allegations of Misconduct by a Whistleblower pursuant to this policy are entitled to be afforded natural justice and procedural fairness during the course of the Church’s investigation of the alleged conduct. This shall include:

  • Being informed of the substance of the allegations;

  • Having the opportunity to be heard by the investigator about the substance of the allegations; and

  • Being informed of the outcome of the investigation.

Where allegations of Misconduct are not substantiated by an investigator’s report, any persons implicated in the allegations must be formally informed of the outcome of the investigation.

Where it is determined by a Whistleblower Protection Officer that a report is trivial, vexatious or baseless and no formal investigation is required, the Whistleblower Protection Officer may determine whether or not (in their sole discretion) to inform the person against whom any allegations of Misconduct are made that a report has been received and dismissed.

Personal work-related grievances
This policy is concerned with the disclosure of instances of (or suspicions of) Misconduct only and is not intended to replace existing policy documents regarding dispute resolution, grievances, discrimination, harassment or bullying (except in circumstances where such behavior may constitute Misconduct as defined in this policy).

Reports regarding personal work-related grievances will not be afforded protections under this policy, and will be referred to existing appropriate policy documents for alternative resolution mechanisms. To be clear, a personal work-related grievance will generally concern a grievance about any matter relating to the discloser’s employment having implications for the discloser personally, which does not constitute misconduct.

6. whistleblower protections

Confidentiality
Where a Whistleblower makes a report of actual or suspected Misconduct to a Whistleblower Protection Officer pursuant to this policy, the Whistleblower Protection Officer must take all reasonable steps to keep the identity of the Whistleblower confidential unless disclosure of the Whistleblower’s identity is required by law. The Whistleblower’s right to confidentiality regarding their identity (unless disclosure is required by law) may only be waived with the express consent of the Whistleblower.

The Church acknowledges that in some instances, a Whistleblower may wish to make a report of Misconduct anonymously. However, it also acknowledges that proper investigation may not be possible upon receipt of an anonymous complaint, as the inability to make inquiries and seek further information from the disclosure may limit the scope of any potential investigation. For this reason, Whistleblowers are encouraged to make any reports of Misconduct without the condition of anonymity and rely on the assurances provided in this policy regarding confidentiality of their identity.

Protection of Whistleblowers
The Church is committed to protecting the rights of a Whistleblower who reports Misconduct in accordance with the procedures set out in this policy.

A Whistleblower must not be subject to any detriment, or the threat of detriment, for making a disclosure of Misconduct. Detriment may include, but is not limited to:

  • Dismissal of the Whistleblower as an employee, or alteration of the employee’s duties or position;

  • Discrimination against the Whistleblower as an employee as compared to other employees;

  • Harassment or intimidation of the Whistleblower;

  • Harm or injury to the Whistleblower (including psychological harm);

  • Damage to the Whistleblower’s property, reputation or business or financial interests;

  • Threats of any of the above.

Where a Whistleblower believes that they have been subjected to detriment for making a disclosure of Misconduct, the Whistleblower should raise these concerns with a Whistleblower Protection Officer as soon as practically possible.

Subjecting a Whistleblower to detriment for making a disclosure of Misconduct will itself be considered an instance of Misconduct and investigated in accordance with this policy.

Where a Whistleblower is implicated in reports of Misconduct which are investigated and found to be substantiated, the protections under this policy will not apply to any disciplinary action taken by the Church in relation to the Misconduct itself.

contact

For questions about this policy, contact the General Manager by email at manager@inspirechurch.com.au