Whistleblower Policy

Important Information | Whistleblower Policy

Whistleblower Policy

1. Introduction

The Archdiocese of Melbourne through its financial activity known as the Catholic Development Fund (ABN: 15274 943 760), CDF Community Fund (ABN 94 380 397 118), and CDFCF AFSL Ltd (ABN: 49 6229 767 47)(collectively known as “CDF”) seeks to provide the best possible service to its customers by providing account holders with an opportunity to invest in a fund that will be used to support the mission of the Church by providing low cost funding for Catholic capital building projects in Parishes, Parish Primary Schools, Catholic Colleges, Religious Orders, Diocesan Agencies, Catholic Church organisations, and in Health and Aged Care.

2. Purpose of Policy

The purpose of the Policy is to ensure alignment with whistleblower provisions of the Corporations Act 2001 (SECT 1317AAC) and ASIC Regulatory Guide 270 (Whistleblower Policies) to: 

 

  • Ensure persons 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 the organisation’s framework for receiving, handling and investigating disclosures 
  • Encourage disclosures of wrongdoing 
  • Help deter wrongdoing

3. Eligibility

This Policy applies to disclosures of information where you have reasonable grounds to suspect: 

 

  • Concerns of misconduct, or an improper state of affairs or circumstances in CDF, or 
  • CDF has engaged in conduct that constitutes an offence against, or a contravention of, a provision of relevant legislation or regulation including but not limited to: 

 

  • Corporations Act 
  • Australian Securities and Investments Commission Act 2001 
  • Banking Act 1959 
  • Privacy Act 1988 
  • An instrument made under an Act referred to above 

 

  • Conduct has occurred that constitutes an offence against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more. 
  • There is a danger to the public or the financial system or 
  • The information indicates a significant risk to public safety or the stability of, or confidence in, the financial system, even if it does not involve a breach of a law.   

 An eligible whistleblower is an individual who is, or has been, any of the following in relation to CDF: 

 

(a) an officer or employee (e.g. current and former employees who are permanent, part-time, fixed-term or temporary, interns, secondees, managers, and directors), 

(b) a supplier of services or goods to CDF (whether paid or unpaid), including their employees (e.g. current and former contractors, consultants, service providers and business partners), 

(c) an associate of CDF, or 

(d) a relative, dependent or spouse of an individual (e.g. relatives, dependents or spouse of current and former employees, contractors, consultants, service providers, suppliers and business partners). 

4. How to make a disclosure

4.1 Matters the Policy applies to
This Policy applies to disclosures that qualify for protection under section 1317AA of the Corporations Act (Disclosable Matters), where there are reasonable grounds to suspect that CDF or an officer or employee of CDF has engaged in misconduct. This may include: 

 

  • offering or receiving bribes. 
  • illegal conduct, such as theft, dealing in, or use of illicit drugs, violence or threatened violence, and criminal.  
  • damage against property. 
  • fraud, money laundering or misappropriation of funds. 
  • financial irregularities. 
  • failure to comply with regulatory requirements. 
  • threatening or bullying behaviour. 
  • a matter that could pose a significant risk to public safety or the stability of, or confidence in the financial.  
  • system, even if it isn’t a breach of law; or 
  • release of confidential information for personal purposes.



4.2 Matters not covered by this Policy
Disclosures that are not about Disclosable Matters do not qualify for protection under the Corporations Act. These disclosures may be protected by other legislation, such as the Fair Work Act 2009 (Fair Work Act). 

 

This also includes personal work-related grievances related to an individual’s former or current employment which may have personal implications. Examples of personal work-related grievances include: 

 

  • An interpersonal conflict between the Discloser and another employee. 
  • A decision that does not involve a breach of workplace laws. 
  • A decision about the engagement, transfer or promotion of the Discloser. 
  • A decision about the terms and conditions of engagement of the Discloser; or 
  • A decision to suspend or terminate the engagement of the Discloser or otherwise discipline the Discloser. 

 

A disclosure about, or including, a personal work-related grievance may still qualify for protection if: 

 

  • It includes information about misconduct, or information about misconduct includes or is accompanied by a personal work-related grievance (mixed report). 
  • CDF has breached employment or other laws punishable by imprisonment for a period of 12 months or more, engaged in conduct that represents a danger to the public, or the disclosure related to information that suggests misconduct beyond the Discloser’s personal circumstances. 
  • The Discloser suffers from, or is threatened with, detriment for making a disclosure; or 
  • The Discloser seeks legal advice or legal representation about the operation of the whistleblower protections under the Corporations Act. 


Any employee wishing to raise a personal work-related grievance, or any other type of issue or concern not covered by this Policy, is encouraged to speak to their leader or to a member of the People and Culture team. 


4.3 False reporting

Where an internal disclosure of significantly inappropriate or improper conduct is found to be a false report (a report that the Discloser knows to be untrue), then that conduct itself will be considered a serious matter, subject to disciplinary proceedings in accordance with other internal policies and procedures. A false report does not include reports where the Discloser only has some information leading to a suspicion, but not all the details of the matter. 

 

If you have any questions about this policy prior to making any disclosure, you can ask any of the Recipients listed below, in confidence, about the process for making a disclosure. 


4.4 Identification
You may choose to remain anonymous or use a pseudonym when making a disclosure. However, we may not be able to undertake a proper investigation if we cannot contact you to obtain further information. We therefore recommend that if you wish to remain anonymous you provide an anonymous email address, to allow ongoing two-way communication. 


4.5 Person to whom disclosure can be made

To qualify for Whistleblower protection, disclosure must be made to any one of the following Recipients:   

 

Internal Recipients 

 

CDF internal recipients are as follows: 

 

  • Chief Executive Officer (CEO), CDF 
  • Chief People & Culture Officer (CPCO), Catholic Archdiocese of Melbourne (CAM), 
  • Chair of the Audit and Risk Management Committee, CDF, and 
  • Executive Director Stewardship, Catholic Archdiocese of Melbourne. 

 

A disclosure can be made by you in writing or in person (and outside of business hours where necessary) as follows: 

 

 

CDF encourages staff to make disclosures internally in the first instance. 

 

External Recipients 

 

CDF external recipients and contact details are as follows: 

  • RSM: 
  • Whistleblower Reporting Helpline: 1800 270 748 (anonymously) 
  • Whistleblower Reporting Website (anonymously) 
  • E-mail: RSMHelpline@rsm.com.au 

 

  • A legal practitioner (for legal advice or legal representation) in relation to the whistleblower provisions in the Corporations Act 2001, 
  • The Australian Securities & Investments Commission (ASIC), 
  • The Australian Prudential Regulatory Authority (APRA), or 
  • Another Commonwealth Body prescribed by regulation made under the Act. 

 

A disclosure can be made by you in writing or in person (where available) and outside of business hours where necessary. 

5. Public Interest Disclosure and Emergency Disclosure

You are protected by law as a whistleblower, in certain limited circumstances, if you report your concerns about an emergency or matter in the public interest to a journalist or parliamentarian. If you report the matter publicly through other means, such as by posting on social media, you will not be covered. 

 

Before reporting your concerns about an emergency or a matter in the public interest to a journalist or parliamentarian, you must first report your concerns to ASIC or APRA. 


Public Disclosure 

 

A Public Disclosure can be made where you have reasonable grounds to believe that: 

 

  • Action to address concerns raised in your initial report is not being or has not been taken, and 
  • Reporting your concerns to a journalist or parliamentarian is in the public interest. 

 

If so, you must wait 90 days from when you first reported to ASIC or APRA, then you must write to the regulator you initially contacted again to let them know you intend to make a public interest disclosure. 

 

If you believe you may be eligible to make a public interest disclosure, you are encouraged to seek independent legal advice regarding the process. 

   

Emergency Disclosure 

 

An Emergency Disclosure may be made to a journalist or parliamentarian, where: 

 

  • You have previously made a Disclosure to the Regulator and you have reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or the natural environment; and 
  • You have given written notice to the Regulator that includes sufficient information to identify the previous disclosure, states that you intend to make an Emergency Disclosure and disclose no more than is necessary to inform the journalist or parliamentarian of the substantial or imminent danger. 

6. What CDF does when it receives a disclosure

If the disclosure is made to one of the internal contacts it will be escalated to the Whistleblower Investigation Officer (WIO). The WIO is the person holding the title of General Counsel, Catholic Archdiocese of Melbourne. Where contact details for the Whistleblower are provided, the WIO will acknowledge receipt in a reasonable timeframe. 

7. Protections for Whistleblowers

CDFCF AFSL Ltd has a legal obligation to ensure legal protections are in place for Whistleblowers.  Except where stated below, the CDF Board has agreed to extend these protections across all CDF entities.


7.1 Confidentiality


CDF will keep your identity and information that is likely to lead to your identification confidential, and will not disclose it to any person except: 

 

  • ASIC or APRA, 
  • Police 
  • A legal practitioner to obtain legal advice, 
  • A person prescribed by law as a person to whom disclosure can be made, or 
  • Where you have provided consent. 

 

CDF makes all reasonable efforts to ensure records relating to Disclosures are kept secure. This includes secure storage of confidential information and restricted access regarding disclosures.   

 

If you are concerned that there has been a breach of confidentiality, you may lodge a complaint with CDF or the relevant Regulator for investigation.


7.2 Confidentiality


CDF will take all reasonable efforts to protect you from detriment in relation to a Disclosure. This includes protections regarding any threat to cause detriment to you in relation to the disclosure.  Examples of detriment may include termination of your employment, alteration of your employment position to your disadvantage, bullying or harassment. 

 

The WIO will work with you to ensure that appropriate arrangements are in place to protect you and assist your wellbeing. 


7.3 Regarding CDF AFSL Ltd only


a) Compensation and other remedies 

 

As a Whistleblower qualifying for protection under this Policy, and the Act, you can seek compensation and other remedies through the courts in relation to any Disclosure relating to CDFCF AFSL Ltd, if: 

 

  • You suffer loss, damage or injury because of a disclosure, and   
  • the entity failed to prevent a person from causing detriment. 

 

You may wish to seek your own legal advice regarding compensation. 

 

b) Civil, criminal and administrative liability protection 

 

A Whistle-blower qualifying for protection under this Policy and the Act regarding CDFCF AFSL Ltd is protected from the following: 

 

  • Civil liability, 
  • Criminal liability, and 
  •  Administrative liability,  

 

in respect of the disclosure made by the Whistleblower. 

 

The above protections do not grant immunity for any misconduct undertaken by the Whistleblower which is revealed in their disclosure.   

CDPF Limited, a company established by the Australian Catholic Bishops Conference, has indemnified the Catholic Development Fund ABN 15 274 943 760 (the Fund) against any liability arising out of a claim by investors in the Fund. In practice, this means your investment is backed by the assets of the Catholic Archdiocese of Melbourne. The Fund is required by law to make the following disclosure. Investment in the Fund is only intended to attract investors whose primary purpose for making their investment is to support the charitable purposes of the Fund. Investors’ funds will be used to generate a return to the Fund that will be applied to further the charitable works of the Archdiocese of Melbourne and the Dioceses of Sale, Bunbury and Ballarat. The Fund is not prudentially supervised by the Australian Prudential Regulation Authority nor has it been examined or approved by the Australian Securities and Investments Commission (ASIC). An investor in the Fund will not receive the benefit of the financial claims scheme or the depositor protection provisions in the Banking Act 1959 (Cth). The investments that the Fund offers are not subject to the usual protections for investors under the Corporations Act (Cth) or regulation by ASIC. Investors may be unable to get some or all of their money back when the investor expects or at all and investments in the Fund are not comparable to investments with banks, finance companies or fund managers. The Fund’s identification statement may be viewed here or by contacting the Fund. The Fund does not hold an Australian Financial Services Licence.

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