WHISTLEBLOWER POLICY

1. Introduction

Angus Australia is committed to the highest standards of conduct, ethical behaviour and sound corporate governance.

These values and principles also mean that Angus Australia is committed to a culture of providing all eligible parties with the opportunity to report any actual or suspected wrongdoing or any other issue. 

2. Purpose

The purpose of the Whistleblower Policy is to encourage and support the reporting of actual or suspected wrongdoing and misconduct in a safe and supportive environment.

3. Policy

This policy relates to Angus Australia and its subsidiaries and applies to all current and former employees, directors (officers), contractors, consultants and third parties (suppliers) and their employees as well as the relatives, spouses and dependents of those individuals.

A person who speaks up to report wrongdoing or misconduct under this policy is known as an ‘Eligible Whistleblower’. This policy does not override the rights of an Eligible Whistleblower under the Corporations Act or other legislation.

3.1 Who to Speak Up to

Angus Australia encourages Eligible Whistleblowers to speak up and report any actual or suspected issues of wrongdoing or misconduct.  We are committed to fostering a safe speak up culture and we will protect you when you speak up.

You can choose to provide your details or remain anonymous.  In all circumstances we will treat your identity, and the information you provide, in the strictest confidence.  We will only share your name and the information you provide with your consent or if the law requires it.

To qualify for protection as an Eligible Whistleblower you are required to make a report of ‘Reportable Conduct’ to an ‘Eligible Recipient’.

Angus Australia has a number of Eligible Recipients you can make your report should you wish. These are:

• The Administration and Human Resources Manager
• The Chief Executive Officer
• Board Chair (President)
• Angus Australia’s Auditors

3.2 What disclosures are protected?

You are encouraged to speak up if you have reasonable grounds to suspect any misconduct, wrongdoing or illegal conduct involving Angus Australia, its subsidiaries, or employees.  This includes any breaches of the law, our Code of Conduct or anything else you feel may be impacting Angus Australia, its employees, customers, or stakeholders.  Making a report under this policy may be considered as ‘Reportable Conduct’.

• Reportable Conduct may include:
• Fraud, theft or dishonest conduct (including falsification of records);
• Bribery, corruption, money laundering or secret commissions;
• Illegal, unethical or improper conduct (drug use, violence, criminal damage);
• Breach of employment, labour or workplace health and safety or any other laws;
• Conduct that damages our reputation or brand or relationships with third parties;
• Breach of an internal policy;
• Breaches of confidentiality and disclosure of confidential information;
• Representing a danger to the public or the financial system;
• Any other inappropriate behaviour, misconduct or improper state of affairs;
• An offence against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more and;
• Prescribed by regulations under the Corporations Act, 2001.
• Reportable Conduct does not include personal work-related grievances including, but not limited to, interpersonal conflicts between employees, work performance issues, or a decision relating to the engagement, transfer or promotion of an employee.

3.3 How reporters are protected

Angus Australia is committed to protecting anyone that speaks up by:

• Protecting your identity: we will not share your identity, or information that is likely to lead to your identity being known, unless you give your consent, or it’s allowed by law. We will always ask for your consent before disclosing your identity or any of the information you provide to another party;
• Ensuring Fairness: we are committed to ensuring you are treated fairly and that you are not disadvantaged or discriminated against as a result of speaking up. We will assess your report and take all reasonable and appropriate actions to consider, investigate and resolve the issues raised.  Each report will be treated on its own merits in terms of the appropriate action or response but in all circumstances, we are committed to ensuring fairness to all parties involved;
• Providing Support: We understand and acknowledge that speaking up can be difficult and we are committed to providing support to you, and any other impacted party, throughout the process. The Chief Executive Officer is responsible for ensuring protections under this policy are enforced and maintained.
• If you have any questions or concerns regarding the protections that apply to you, and the support being provided, you are encouraged to discuss these with the Chief Executive Officer or one of the fore-mentioned Eligible Recipients.

3.4 Confidentiality and Anonymity

You can choose to remain anonymous or reveal your identity when speaking up and making a protected disclosure.  If you wish to remain anonymous, we encourage you to submit your report via our secure online reporting platform.

3.5 Report handling and investigation process

Upon receipt of a report, the Eligible Recipient will assess the report to determine if it qualifies as a protected disclosure.  The more information you can provide during the reporting process the better, as this will enable to recipient to make an informed and considered assessment of the most appropriate response.

Depending on the issue being raised, an investigation may be required.  If an investigation is required, the Administration & Human Resources Manager will be normally responsible (if appropriate) for overseeing or conducting the investigation and will be your point of contact for ensuring you are protected and supported throughout the process.

In some cases, it may be more appropriate that an external party undertake an investigation on Angus Australia’s behalf.  The duration of a formal investigation will depend on the circumstances including the number of allegations, witnesses and other factors.

3.6 Glossary of Terms

Eligible Recipient

Eligible Recipients include:

• The Administration and Human Resource Manager
• Chief Executive Officer
• Board Chair (President)
• Angus Australia’s Auditors

Report

A report of ‘reportable conduct’ made by an eligible whistleblower to an eligible recipient.

Reportable Conduct (wrongdoing)

• Reportable Conduct is any conduct which could be considered to be:
• Illegal, unethical or improper;
• Dishonest or fraudulent (including bribery and/or corruption);
• Bullying, harassment or discrimination;
• A breach of an internal policy;
• An activity that endangers health, safety or the environment;
• A Whistleblower protection issue;
• Representing a danger to the public or the financial system;
• Any other inappropriate behaviour, misconduct or improper state of affairs;
• An offence against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more;
• Prescribed as Reportable Conduct by regulations made for the purposes of Section 1317AA(5) of the Corporations Act 2001; and/or
• An offence against, or a contravention of, a provision of the following legislation:
  –  the Corporations Act 2001;
  – the ASIC Act 2001;
  – the Banking Act 1959;
  – the Financial Sector (Collection of Data) Act 2001;
  – the Insurance Act 1973;
  – the Life Insurance Act 1995;
  – the National Consumer Credit Protection Act 2009/
  – the Superannuation Industry (Supervision) Act 1993; and/or
  – an instrument made under the above-mentioned legislation.

Eligible Whistleblower

An Eligible Whistleblower is defined as:

• an officer;
• an employee;
• an individual who supplies goods or services, and employees of suppliers (whether paid or unpaid);
• an individual who is an associate of the company;
• any spouse, relative dependent, or dependent of a spouse of any of the above individuals

who:

• makes a report of ‘Reportable Conduct’;
• makes the report to an ‘Eligible Recipient’; and
• has reasonable grounds to suspect that the Reportable Conduct has taken place.

4. Review

The need for changes to this policy will be monitored by the CEO, Administrations & Human Resources Manager and Board.  Staff will be advised of any revisions to the policy.