Whistleblower Policy

2. Purpose and scope

This Policy outlines the principles that govern how AHSA protects a Protected Whistleblower who raises a Disclosure in accordance with Part 9.4AAA of the Corporations Act 2001 (Cth) as well as detailing how Disclosures should be raised and AHSA’s process for managing them.

It is a condition of employment or engagement by AHSA that directors, staff, officers and contractors comply with this Policy. However, this Policy does not form part of any contract of employment, appointment or engagement.

3. Key definitions

AHSA’s Whistleblower Protection Officers (WPO’s) are the General Manager – Corporate Services and the Governance Risk and Compliance Advisor.
Detrimental Conduct means any actual or threatened conduct that could cause detriment to a Protected Whistleblower because they made (or may make) a Disclosure, including:

• termination of employment, compulsory stand-down or compulsory leave
• harassment, intimidation and/or bullying
• personal or financial disadvantage
• unlawful discrimination, harm, or injury including psychological harm
• damage to reputation; or
• any other conduct that constitutes retaliation.

AHSA also prohibits Detrimental Conduct against people who are involved in an investigation of a Disclosure or who assist in responding to an investigation.

Disclosure is a concern about Reportable Conduct raised by a Protected Whistleblower to an Eligible Recipient in accordance with this Policy.

Eligible Recipient includes any of the following:

• AHSA’s Whistleblower Protection Officers (WPO’s)
• AHSA’s external whistleblowing service provider (Your Call)
• An officer or senior manager (as defined under the Corporations Act) of AHSA, for example members of the AHSA Board
• A member of the internal audit team of AHSA or a member of the KPMG team
  on the AHSA account
• A legal practitioner for the purpose of obtaining legal advice or legal
  representation
• ASIC, APRA or another Commonwealth body prescribed by regulation
• Journalists or Parliamentarians, under certain circumstances allowing
  emergency and public interest disclosures. It is important for you to
  understand the criteria for making a public interest or emergency disclosure
  before doing so.

Participating Fund is a member or non-member private health insurance (PHI) fund to which AHSA provides services.

Protected Whistleblower: To be a Protected Whistleblower under this Policy you must be a current or former AHSA board director or employee (or their relative, spouse or dependent), or contractor or consultant, or supplier, or employee or officer of an AHSA Participating Fund or client, or an auditor or adviser to AHSA.

A Protected Whistleblower under this Policy does not extend to, and will not be made available to, employees or officers of hospital or medical providers to AHSA.

Reportable Conduct means any conduct that is (or involves):

• dishonest, corrupt or unethical (e.g., a staff member receives financial
  “kickbacks” for achieving a contracted outcome from a provider)
• misconduct or an improper state of affairs or circumstances in relation to
  AHSA (e.g., a clear breach of AHSA’s Code of Business Conduct related to
  releasing confidential information)
• fraudulent or an offence against any law (including competition, privacy or
  taxation law)
• a serious or systemic breach of AHSA’s policies or Code of Business Conduct
  (including the Conflicts Policy)
• a danger, or representation of danger, to the public or to the private health
  insurance system
• any attempt to conceal the Disclosure of any of the above conduct.

Reportable Conduct does not include a ‘personal work-related grievance/s’ related to your current or former employment or your performance. Any HR related Disclosure needs to have broader implications for AHSA; for example, a systemic problem with the HR process or a pattern of behaviour/s.

You should continue to take your specific employment or performance related issues that are addressed in AHSA’s Human Resources Policy and Procedure Manual to your manager or the HR Administrator or the CEO. In this regard, you should also utilise other third-party support providers including Fair Work Australia and relevant workplace safety authorities (2).
(2) Workplace safety authorities include WorkSafe (Vic.) and iCare (NSW)

4. Legal protections under the Corporations Act

To receive protections under this Policy, you must make a Disclosure which requires you to:

a) be a Protected Whistleblower (refer to the definition above for eligibly)

b) raise your concern with an Eligible Recipient (see recommended process in section 5 below); and

c) provide information, based on reasonable grounds, about Reportable Conduct (refer to definition above).

5. How to report a Disclosure

Pursuant to this Policy, to be a Protected Whistleblower, you should make a Disclosure (which you can choose to do so anonymously) to one of the following reporting channels.

• Whistleblower Protection Officers (WPOs): by email at AHSAWhistleblower@ahsa.com.au
• Your Call (AHSA’s external whistleblowing service provider): online reporting at https://ahsa.relyplatform.com/home or telephone 1300 790 228 (recognised business days between 9am and 12am AEST).

You can securely upload relevant documentation and material to Your Call to support your Disclosure whilst remaining anonymous.

6. Protections and support

6.1 Anonymity and confidentiality

You may make a Disclosure anonymously and may remain anonymous during and after any investigation. If you do not share your identity, AHSA will assess your disclosure in the same way as if you had revealed your identity; however, there may be practical limitations in investigating anonymous Disclosures.

AHSA is legally obliged to protect your identity (confidentiality). Your identity will only be disclosed if you consent, or if disclosure is permitted or required by law. You may choose to have your identifying information shared with select AHSA staff only. AHSA will take reasonable steps to preserve anonymity during any investigation (including, where appropriate, redaction or the use of pseudonyms). You may refuse to answer questions that you believe could reveal your identity.

6.2 Protection from Detrimental Conduct

AHSA strictly prohibits all forms of Detrimental Conduct against a Protected Whistleblower or anyone who is involved in an investigation of a Disclosure or who assists in responding to an investigation.

AHSA will take all reasonable steps to ensure that Protected Whistleblowers do not suffer Detrimental Conduct as a result of raising the Disclosure and will take action it considers appropriate where such conduct is identified.

Under the Corporations Act 2001 (Cth), protections may include compensation and other remedies where appropriate, and civil, criminal and administrative liability protections. AHSA may, at its discretion, grant immunity from internal disciplinary proceedings relating to matters that come to light as a result of a Disclosure. However, legal protections do not provide immunity for any misconduct revealed in the Disclosure. Nothing in this Policy prevents AHSA from raising and addressing with employees, matters that arise in the ordinary course of their employment or engagement with AHSA (for example, any separate performance or misconduct concerns).

6.3 Support available

Protected Disclosures will have access to the assistance of the Whistleblower Protection Officers. The WPOs will:

• seek to protect you from Detrimental Conduct
• assist you in maintaining your wellbeing, including by facilitating access to AHSA’s Employee Assistance Program (EAP)
• assist you with the process for managing your Disclosure
• maintain confidentiality as required by law
• review and consider complaints of Detrimental Conduct or concerns that a Disclosure has not been dealt with in accordance with this Policy
• escalate matters to the CEO and/or the Chair or Deputy Chair of the Board, depending on who the Disclosure concerns.

7. Reasonable basis and false reports

You do not need to know for a fact that something is true to be a Protected Whistleblower or be able to prove that it is true. However, when making a Disclosure, you are expected to have reasonable grounds to suspect the information disclosed is true. There is no penalty for making an allegation on reasonable grounds that is not substantiated following investigation.

You must not make a report that is knowingly false, vexatious or malicious. Any staff member making false accusations or bringing complaints for malicious reasons may be subject to disciplinary action, including possible dismissal.

8. Investigation process

Disclosures made under this Policy will be treated sensitively and seriously and will be dealt with promptly and objectively.

The Whistleblower Protection Officers, with appropriate expert support, will conduct a preliminary review of the Disclosure to decide whether the allegations should be investigated. AHSA’s response to a Disclosure will vary depending on the nature of the Disclosure (including the amount of information provided).

Where an investigation proceeds, it will generally be conducted by an external investigator independent from AHSA. The investigation will follow a fair process, be conducted in a timely manner and be independent of the person(s) about whom the allegation has been made. Where possible, you will be provided with an opportunity to discuss the general investigation process and steps to be taken by AHSA in response to your Disclosure.

The WPOs will, as appropriate and where possible, contact a Protected Whistleblower within 5 business days of receiving a Disclosure and provide regular updates on progress and expected timeframes to the Protected Whistleblower. The Protected Whistleblower will also be contacted (where it is possible to do so) within 10 business days of an investigation concluding.

Investigations may conclude with a formal report from the investigator, which may include findings on allegations. Communications with AHSA legal advisers may be subject to legal privilege. Any report will be confidential and is the property of AHSA.

Unless there are confidentiality or other reasons not to do so, persons to whom the Protected Disclosure relates will be informed of the allegation at an appropriate time and will be given a chance to respond to the allegations made against them. All AHSA staff must cooperate fully with any investigations.

9. Reporting, governance and oversight

Investigations will conclude with a report submitted by the investigator to the General Manager – Corporate Services and the CEO. The report will include findings and a summary of the evidence on which findings are based. The report will not include identifying details of the Protected Whistleblower unless they have consented to their identity being shared.

The AHSA Board, through its Audit & Risk Management Committee, governs and has ultimate oversight for investigations, reports and subsequent actions. The Board (either directly or through its committee) will ensure trends, themes and/or emerging risks highlighted by Disclosures are addressed and mitigated.

If the Reportable Conduct involves the General Manager – Corporate Services, the Governance, Risk & Compliance Adviser, the CEO or a director, the investigator’s report will be submitted directly to the Board Chair. If the Reportable Conduct involves the Board Chair, the report will be submitted to the Deputy Chair.

To the extent permitted by law, the WPO may inform the whistleblower and/or the person against whom allegations were made of the outcome of the investigation. Investigation reports are legally privileged (where applicable), remain the property of AHSA and will not be provided to the whistleblower or to the subject of the Disclosure.
Files and records relating the Disclosure and any subsequent investigation will be maintained by the WPO’s on a confidential basis and stored securely.

10. Reporting to External Parties

This Policy is designed to facilitate and encourage the reporting of Reportable Conduct within AHSA.

This Policy does not authorise you to disclose confidential information externally and your obligations of confidentiality to AHSA continue to apply. However, nothing in this Policy is intended to restrict you from disclosing Reportable Conduct, providing information to, or communicating with a government agency, law enforcement body or regulator in accordance with applicable law, regulation or prudential standards.

It is recommended that AHSA staff contemplating reporting matters outside of AHSA first seek independent advice in relation to their rights and obligations.

11. Training and availability

All AHSA staff will receive training on this Policy at onboarding and regular refresher training. AHSA will also provide training to select managers, Board directors and others who may receive whistleblower reports about how to respond appropriately.

This Policy is available internally through AHSA’s intranet and externally to Participating Funds via AHSA’s website.

12. Review

This Policy will be reviewed by the Board, as required, including following external review and/or changes in law or regulation.