5.1 Disclosing to BCT
You can make a whistleblowing disclosure under the Corporations Act or the Tax Act by contacting any of the following people (Contact Officers):
- an officer or senior management at BCT. If you choose to do this, please contact:
- Name: Joe Kelly, Heath Badger or Julie Callaghan
- Phone: 4925 3022
- Email: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org
- BCT’s auditor (or a a member of the audit team). If you choose to do this, please contact:
- Name: Martin Matthews
- Organisation: PKF
- Telephone: 4962 2688
- Email: email@example.com
You can make a whistleblowing disclosure to any Contact Officer in person, by post, by telephone or by email (using their details above). You should ensure that any email or correspondence that you send to a Contact Officer is marked Strictly Confidential.
If you intend to make a whistleblowing disclosure we ask that you please include in your statement or email/ letter: I am seeking to make a whistleblowing disclosure.
While it might seem obvious, this will help BCT to:
- identify your concern as a whistleblowing disclosure;
- act on your disclosure promptly; and
- trigger the protections that are available for a whistleblowing disclosure
You should keep a file note of any correspondence or discussions (including the date and time) for future reference.
You should not make a whistleblowing disclosure to a Contact Officer who has been involved in the conduct or allegations you are reporting. In that case, contact a different Contact Officer.
5.2 External disclosures
If you do not want to contact BCT or its auditor, you can contact the Australian Securities and Investment Commission (ASIC) or the Australian Prudential Regulation Authority (APRA) to make a whistleblowing disclosure under the Corporations Act, and you should refer to their policy about how the disclosure might be handled.
You can make a protected disclosure under the Tax Act to:
- anyone at BCT listed in part 5.1;
- a BCT employee who has functions/duties that relate to the tax affairs of BCT’s registered tax of BAS agent (if any); or
- the Australian Commissioner of Taxation. in which case you should refer to their policy about how disclosures might be handled.
You can also voice your concerns through our external BCT digital platform, which is an online service at:
- Toll free phone: 1300 314 550
- Email: firstname.lastname@example.org
- Website: www.stopline.com.au
- Operating hours: Monday to Friday 9am-5pm
In some circumstances, you can make public interest or emergency disclosures under the Corporations Act (for example to a Member of Parliament or journalist). However, these disclosures may not be protected
unless made in the specific circumstances set out in the legislation. For example, before making a public interest disclosure, you must first make a report to ASIC, APRA or another prescribed body, and you must
wait at least 90 days before making the public interest disclosure. You should ensure you carefully follow the correct process, or you might lose your protections under the law.
BCT encourages you to speak to an independent legal practitioner at any time if you would like legal advice or representation in relation to a whistleblowing disclosure.
5.3 Should you make the disclosure anonymously or identify yourself?
You can choose to make a whistleblowing disclosure anonymously or through a pseudonym. However, if you do choose to be anonymous, this can sometimes make it more difficult for BCT or an external authority to:
- make an assessment of and investigate the disclosure; and/or
- provide you with relevant protections.
If you choose, instead, to identify yourself when you make the disclosure, please note that the person you contact is legally required to keep your identity strictly confidential. If BCT is aware of your identity, we will aim to work with you to protect your identity.
5.4 What information should you include in a whistleblowing disclosure?
If you make a whistleblowing disclosure, you should consider providing as many of the following details as possible, to assist BCT or an authority to determine the best course of action:
- the specific nature of the conduct or state of affairs that concerns you;
- the details of the person/s you think engaged or is engaging in any relevant conduct;
- when and where relevant events occurred (e.g. dates and times);
- details of anyone else aware of or involved in the conduct or events;
- details of anyone else who might be able to verify your disclosure;
- if you have done anything in response to the conduct or events;
- if you have any concerns about possibly being victimised, and if so by whom; and
- any supporting information (e.g. documents, file notes, emails, photographs).
Please state expressly whether you give the Contact Officer permission to disclose your identity to the investigator, so the investigator can contact you to obtain further information if required.
5.5 Initial assessment of your whistleblowing disclosure
The PPCBP will conduct a preliminary assessment, to determine whether your disclosure requires further investigation.
A disclosure will only warrant further investigation if there is some objective evidence of the events, conduct or situation disclosed, or a reasonable suspicion that such evidence exists and may be obtained through further investigation.
If you have identified yourself to the Contact Officer and given the Contact Officer permission to disclose your identity to the investigator, then the investigator may contact you to obtain further information. If your whistleblowing disclosure concerns the investigator, a member of the Leadership Team will carry out this assessment.
If you have not identified yourself to the Contact Officer or have not given permission to disclose your identity, the Contact Officer will undertake a preliminary assessment.
The investigator will endeavour to complete the assessment within two weeks, but this will depend on the circumstances and nature of your disclosure.
5.6 Investigation of your whistleblowing disclosure
If BCT decides that a formal investigation is warranted, the law protects your identity in relation to that investigation as set out in 6.2 below.
BCT also aims to maintain confidentiality about the investigation generally, as far as practicable.
A formal investigation might involve third parties such as lawyers, accountants, HR consultants or specialist forensic investigators, who will:
- interview relevant witnesses;
- collect relevant documentary evidence;
- make a determination based on the evidence; and
- document the findings.
The investigator determines whether the information in the whistleblowing disclosure is proven on the balance of probabilities. The ‘balance of probabilities’ test requires consideration of whether it is more likely
than not that the alleged conduct has occurred.
If the whistleblowing disclosures are proven, the investigator will report the outcome of the investigation to the appropriate decision-maker for further action (subject to any concerns about revealing your identity).
If the whistleblowing disclosures are not proven, but there is evidence of other inappropriate conduct, the matter might be referred to Human Resources. For example, there may be evidence of a breach of BCT’s
Code of Conduct.
If the whistleblowing disclosures are not proven, and there is no evidence of other inappropriate conduct, no further action will be taken.
Whatever the outcome, if the whistleblower can be contacted, the decision maker will advise the whistleblower of the outcome of the investigation.