WHISTLEBLOWERS
procedure. Organisations have a responsibility to keep a
complainant safe from public exposure, and the unwanted
attention than can follow. The new legislation was
formulated in part because of the repercussions that some
Australian whistleblowers were facing, and deals out heavy
penalties for breaches of trust.
Discretion is key
There’s a lot of work involved when dealing with
whistleblower reports. Serious cases generally find
themselves on the desk of an executive, and many c-suite
jobs incorporate a ‘Whistleblower Officer’ role. Gina Mavrias
(read her profile on page 22), COO and Whistleblower
Protection Officer at Australian Hearing, spoke about how she
and her EA handle reports.
“My role is to take all the steps to protect and support a
whistleblower. It’s very important to have a senior person in
that role. I have a strong desire and interest to support people
if they have a concern.”
Alongside their internal system, Australian Hearing uses
an external whistleblowing service (like YourCall) called
Stopline. An external whistleblowing service is an additional
part of a whistleblowing framework, where employees can
contact what Nathan Luker describes as an “external report
partner” to make a disclosure without notifying anyone
inside the organisation.
“The way Stopline works is the whistleblower has to
nominate the person that receives the disclosures. That’s
me, so everything comes in a very secure and protected
parcel. I’m the only person that sees it, and at that point I
make a decision about the people that need to be involved in
the investigation,” Gina says.
When the time comes for a report to be dealt with, Gina
and her EA, Sharon Wilson, share an understanding. The
report must remain confidential, and Gina must be the only
person who can see it.
“EAs are incredibly discreet. I trust Sharon, but the
legislation and the acute need to protect people in this
process means I don’t disclose details to her. I do seek her
support if something requires our urgent attention, or if I
need her to help juggle things,” Gina says.
A brief on the new law
The Treasury Laws Amendment (Enhancing
Whistleblower Protections) Bill was passed in
February 2019. The legislation has introduced a
raft of new protections for whistleblowers, and
consequences for non-compliance. Here are a few
key takeaways:
Civil and criminal penalties for revealing the
identity of the whistleblower without permission
w A wider scope of topics can be reported on
w Public companies and larger organisations must
have a whistleblower policy in place by late 2019
w Whistleblowers can to go to the press if the
matter is “urgent” and hasn’t been dealt with
w
The Whistleblowing Officer is responsible for dealing
with a confidential complaint and they need to take the time
out of their schedule to do so.
“Sharon is aware of my movements and the meetings that
I conduct. I trust her to know that she can’t disclose, talk
about, or share any of the details of other people. I wouldn’t
be able to do my job if I couldn’t then book meetings and fit it
into my diary. She never asks or pushes, she knows that this
sort of stuff needs to be treated a certain way,” Gina adds.
Discretion in whistleblowing cases isn’t just a measure
to comply with the law, it’s an important step to make
sure that future whistleblowers come forward, and prevent
situations like the one below.
Dire consequences
There is always a risk when it comes to blowing the whistle
and if there isn’t a secure reporting system in place, a
whistleblower can face severe repercussions.
Sally McDow is someone who is intimately familiar with
the consequences of failed whistleblower protections. Sally
is now a lawyer and partner at CPR Partners, but she was
also a whistleblower at one of Australia’s largest ASX listed
companies. In the first case of its kind, Sally took her
employer to court, alleging harassment after making a
disclosure and eventually being made redundant.
Sally explains that many whistleblowers are, in a way,
forced into making a disclosure.
“People don’t wake up and want to be a whistleblower.
People don’t come forward because they’ve decided one day
that an issue needs to be raised. Usually there’s background
and there’s issues which are pressing on that person that
make it untenable to continue in their role without raising
the issue,” Sally explains.
According to Sally, the internal policy doesn’t adequately
protect the whistleblower. She believes “the internal
channels that are set up to receive whistleblowing reports
are often not as good as they should be. There can be a lot
of complexities and complications that arise using that
channel, which possibly the organisation didn’t foresee, and
certainly the whistleblower doesn’t foresee.”
Some of those complications involve breaches of
confidentiality. Under the new legislation, the penalties
for a breach of anonymity can result in jail time.
O rganisations now have a responsibility to protect
whistleblowers, prevent poor behaviour, encourage open
communication, and comply with the law.
What to remember
There isn’t an easy way to handle sensitive whistleblower
cases. These situations are as delicate as they are important,
and it’s crucial that organisations take the necessary steps—
like implementing policy—to ensure that whistleblowers are
protected.
EAs play a crucial role in supporting and assisting
executives while they handle whistleblower cases. They
require the utmost secrecy to ensure that all business
regarding whistleblowers is kept entirely confidential. Good
practice can prevent cases like the alleged fraud at NAB. Not
only can it potentially save huge amounts of money, it can
set a precedent of honesty and accountability that promotes
better corporate culture. S
Issue 2 2019 | Chief of Staff 21